By: Zaffirini S.B. No. 1723 A BILL TO BE ENTITLED AN ACT relating to tuition and fee exemptions for certain military personnel and their spouses and dependent children for under-enrolled undergraduate classes at public institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 54, Education Code, is amended by adding Section 54.2032 to read as follows: Sec. 54.2032. MILITARY, SPOUSES, AND CHILDREN: UNDER-ENROLLED CLASSES. (a) In this section, "dependent child" has the meaning assigned by Section 54.209. (b) The governing board of an institution of higher education shall permit a person to enroll for course credit without payment of tuition in an undergraduate class offered by the institution, for which the maximum enrollment established for the class has not been met if the person: (1) is classified as a resident of this state under Subchapter B; (2) is a member or veteran of the Texas Military Forces or is the spouse or dependent child of such a person; and (3) satisfies other criteria established by this section. (c) A person who has not been admitted as a regular student of the institution must meet the minimum academic criteria for admission to the institution at which the under-enrolled class is offered to enroll in the class under this section. A person must meet the minimum prerequisites and other enrollment criteria for the class to enroll in the class under this section. (d) This section does not apply to a person who at the time of registration is: (1) eligible for a tuition and fee exemption under Section 54.203; or (2) entitled to receive educational benefits for veterans under federal law that may be used for the payment of tuition. (e) The Texas Higher Education Coordinating Board shall adopt rules to provide for the efficient and uniform application of this section. SECTION 2. Section 54.2032, Education Code, as added by this Act, applies beginning with the 2011 fall semester. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.