Texas 2011 - 82nd Regular

Texas Senate Bill SB32 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Zaffirini S.B. No. 32
2	2	(Branch)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consolidation of related higher education programs
8	8	governing tuition, fee exemptions, and waivers respective to
9	9	specific target populations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 54.070, 54.059, 54.063, 54.064, 54.065,
12	12	54.066, 54.073, 54.060, 54.074, 54.058, 54.069, and 54.013,
13	13	Education Code, are transferred to Subchapter D, Chapter 54,
14	14	Education Code, redesignated as Sections 54.206, 54.211, 54.212,
15	15	54.213, 54.214, 54.222, 54.223, 54.231, 54.232, 54.241, 54.251, and
16	16	54.263, Education Code, respectively, and, as indicated, amended;
17	17	Sections 54.201, 54.207, 54.219, 54.209, 54.215, 54.2155, 54.204,
18	18	54.2041, 54.221, 54.222, 54.212, 54.213, 54.214, 54.205, 54.210,
19	19	54.2111, and 54.224, Education Code, are redesignated as Sections
20	20	54.301, 54.331, 54.342, 54.343, 54.344, 54.345, 54.351, 54.352,
21	21	54.355, 54.356, 54.361, 54.362, 54.363, 54.364, 54.365, 54.367, and
22	22	54.368, Education Code, respectively, and, as indicated, amended;
23	23	Section 54.203, Education Code, as amended by Chapters 1340 (S.B.
24	24	93) and 1369 (S.B. 847), Acts of the 81st Legislature, Regular
25	25	Session, 2009, is reenacted, redesignated as Section 54.341,
26	26	Education Code, and amended; Section 54.211, Education Code, as
27	27	amended by Chapters 45 (S.B. 43) and 1372 (S.B. 939), Acts of the
28	28	81st Legislature, Regular Session, 2009, is reenacted,
29	29	redesignated as Section 54.366, Education Code, and amended;
30	30	Section 615.0225, Government Code, is transferred to Subchapter D,
31	31	Chapter 54, Education Code, redesignated as Section 54.354,
32	32	Education Code, and amended; and Subchapter D, Chapter 54,
33	33	Education Code, is amended by amending the subchapter heading,
34	34	amending Sections 54.216, 54.217, and 54.218, and adding Sections
35	35	54.221, 54.233, 54.261, and 54.262 to read as follows:
36	36	SUBCHAPTER D. WAIVERS, EXEMPTIONS, AND OTHER [FROM] TUITION AND
37	37	FEE BENEFITS
38	38	Sec. 54.206 [54.070]. FOREIGN SERVICE OFFICERS. A foreign
39	39	service officer employed by the United States Department of State
40	40	and enrolled in an institution of higher education is entitled to
41	41	pay the tuition and fees at the rates provided for Texas residents
42	42	if the person is assigned to an office of the department of state
43	43	that is located in a foreign nation that borders on this state.
44	44	Sec. 54.211 [54.059]. FACULTY AND DEPENDENTS. A teacher or
45	45	professor of an institution of higher education, and the spouse and
46	46	children of such a teacher or professor, are entitled to register in
47	47	an institution of higher education by paying the tuition fee and
48	48	other fees or charges required for Texas residents without regard
49	49	to the length of time the teacher or professor has resided in Texas.
50	50	A teacher or professor of an institution of higher education and the
51	51	teacher's or professor's family are entitled to the benefit of this
52	52	section if the teacher or professor is employed at least one-half
53	53	time on a regular monthly salary basis by an institution of higher
54	54	education.
55	55	Sec. 54.212 [54.063]. TEACHING OR RESEARCH ASSISTANT. A
56	56	teaching assistant or research assistant of any institution of
57	57	higher education and the spouse and children of such a teaching
58	58	assistant or research assistant are entitled to register in a state
59	59	institution of higher education by paying the tuition fees and
60	60	other fees or charges required for Texas residents under Section
61	61	54.051 of this code, without regard to the length of time the
62	62	assistant has resided in Texas, if the assistant is employed at
63	63	least one-half time in a teaching or research assistant position
64	64	which relates to the assistant's degree program under rules and
65	65	regulations established by the employer institution.
66	66	Sec. 54.213 [54.064]. SCHOLARSHIP STUDENT. (a) An
67	67	institution of higher education may charge a nonresident student
68	68	who holds a competitive scholarship of at least $1,000 for the
69	69	academic year or summer term for which the student is enrolled
70	70	resident tuition and fees without regard to the length of time the
71	71	student has resided in Texas. The student must compete with other
72	72	students, including Texas residents, for the scholarship and the
73	73	scholarship must be awarded by a scholarship committee officially
74	74	recognized by the administration and be approved by the Texas
75	75	Higher Education Coordinating Board under criteria developed by the
76	76	coordinating board.
77	77	(b) The total number of students at an institution paying
78	78	resident tuition under this section for a particular semester may
79	79	not exceed five percent of the total number of students registered
80	80	at the institution for the same semester of the preceding academic
81	81	year.
82	82	(c) A student who would be entitled to pay resident tuition
83	83	in the 2009-2010 academic year under this section as this section
84	84	existed on January 1, 2009, because the student is awarded a
85	85	competitive scholarship for that academic year in the amount
86	86	prescribed by Subsection (a) before the beginning of the 2009 fall
87	87	semester is entitled to continue to pay resident tuition under this
88	88	section as this section existed on January 1, 2009, in each semester
89	89	or other term in which the student is awarded such a scholarship, as
90	90	long as the student remains enrolled in the same certificate or
91	91	degree program. This subsection expires August 1, 2014.
92	92	(d) The difference between tuition charged to the student
93	93	under this section and the tuition the student would be charged if
94	94	this section did not apply to the student shall not be accounted for
95	95	in such a way as to reduce the general revenue appropriation to an
96	96	institution of higher education that charges a nonresident student
97	97	resident tuition and fees under this section.
98	98	Sec. 54.214 [54.065]. BIOMEDICAL RESEARCH PROGRAM;
99	99	SCHOLARSHIP STUDENT. A student is entitled to pay the fees and
100	100	charges required of Texas residents without regard to the length of
101	101	time the student has resided in Texas if the student:
102	102	(1) holds a competitive academic scholarship or
103	103	stipend;
104	104	(2) is accepted in a clinical and biomedical research
105	105	training program designed to lead to both doctor of medicine and
106	106	doctor of philosophy degrees; and
107	107	(3) is either a nonresident or a citizen of a country
108	108	other than the United States of America.
109	109	Sec. 54.216. STUDENTS ENROLLED IN COURSE FOR CONCURRENT
110	110	HIGH SCHOOL AND COLLEGE-LEVEL CREDIT; OPTIONAL WAIVER. The
111	111	governing board of an institution of higher education may waive all
112	112	or part of the tuition and fees charged by the institution for a
113	113	student enrolled in a course for which the student is entitled to
114	114	simultaneously receive both:
115	115	(1) course credit toward the student's high school
116	116	academic requirements; and
117	117	(2) course credit toward a degree offered by the
118	118	institution.
119	119	Sec. 54.217. STUDENTS ENROLLED IN FULLY FUNDED COURSES;
120	120	OPTIONAL WAIVER. The governing board of an institution of higher
121	121	education may waive tuition and fees for students attending courses
122	122	that are fully funded by federal or other sources.
123	123	Sec. 54.218. DISTANCE LEARNING OR OFF-CAMPUS COURSES;
124	124	OPTIONAL WAIVER. The governing board of an institution of higher
125	125	education may waive a fee it is authorized to charge if the board
126	126	determines that:
127	127	(1) a student is enrolled only in distance learning
128	128	courses or other off-campus courses of the institution;
129	129	(2) the student cannot reasonably be expected to use
130	130	the activities, services, or facilities on which the fee is based;
131	131	and
132	132	(3) the waiver of the fee will not materially impair
133	133	the ability of the institution either to service any debt on which
134	134	the fee is based or to offer or operate the particular activity,
135	135	service, or facility supported by the fee.
136	136	Sec. 54.221. THE UNIVERSITY OF TEXAS SYSTEM; SCIENCE AND
137	137	TECHNOLOGY DEVELOPMENT, MANAGEMENT, AND TRANSFER. To the extent
138	138	provided for in an agreement authorized by Section 65.45, a person
139	139	employed by the entity with whom the system enters into such an
140	140	agreement, or the person's spouse or child, may pay the tuition and
141	141	fees charged to residents of this state when enrolled in an
142	142	institution of The University of Texas System.
143	143	Sec. 54.222 [54.066]. ECONOMIC DEVELOPMENT AND
144	144	DIVERSIFICATION. (a) A person who registers at an institution of
145	145	higher education without having established resident status in this
146	146	state under Section 54.052 is entitled to pay tuition and required
147	147	fees at the rate provided for residents of this state if:
148	148	(1) the person or, as determined by coordinating board
149	149	rule, an adult member of the person's family who resides in the
150	150	person's household and is a primary caretaker of the person
151	151	establishes by the institution's enrollment date a residence in
152	152	this state as a result of the person's or caretaker's employment by
153	153	a business or organization that, not earlier than five years before
154	154	the enrollment date, became established in this state as part of the
155	155	program of state economic development and diversification
156	156	authorized by the law of this state; and
157	157	(2) the person files with that institution of higher
158	158	education a letter of intent to establish residency in this state.
159	159	(b) The Texas Higher Education Coordinating Board, in
160	160	consultation with the Texas Economic Development and Tourism
161	161	Office, shall establish procedures to determine:
162	162	(1) whether a business or organization meets the
163	163	requirements of this section; and
164	164	(2) the date on which the business or organization
165	165	became established in this state as part of the program of state
166	166	economic development and diversification.
167	167	Sec. 54.223 [54.073]. TUITION RATES FOR OLYMPIC ATHLETES.
168	168	(a) A person enrolled in The University of Texas at Brownsville
169	169	and Texas Southmost College is entitled to pay tuition and fees at
170	170	the rates provided for Texas residents if the person:
171	171	(1) is in residence and in training as a participating
172	172	athlete in a Community Olympic Development Program or at a United
173	173	States Olympic training center located in this state;
174	174	(2) is residing permanently or temporarily in this
175	175	state while in training as a participating athlete:
176	176	(A) in a Community Olympic Development Program
177	177	located in this state; or
178	178	(B) at a United States Olympic training center
179	179	located in this state in a program approved by the governing body
180	180	for the athlete's Olympic sport; or
181	181	(3) is residing permanently or temporarily in this
182	182	state while in training as a participating athlete at a facility in
183	183	this state approved by the governing body for the athlete's Olympic
184	184	sport, in a program approved by that body.
185	185	(b) Notwithstanding any other law, a person who is entitled
186	186	to pay resident tuition and fees only as permitted by this section
187	187	is not considered a Texas resident under this subchapter for
188	188	purposes of a financial aid program offered by this state.
189	189	Sec. 54.231 [54.060]. RESIDENT OF BORDERING STATE OR NATION
190	190	OR PARTICIPANT IN STUDENT EXCHANGE PROGRAM: TUITION. (a) The
191	191	nonresident tuition fee prescribed by this chapter does not apply
192	192	to a nonresident student who is a resident of Arkansas, Louisiana,
193	193	New Mexico, or Oklahoma and who registers in a public upper-level
194	194	institution of higher education, Lamar State College--Orange,
195	195	Lamar State College--Port Arthur, a Texas public junior college, or
196	196	a public technical institute that is situated in a county
197	197	immediately adjacent to the state in which the nonresident student
198	198	resides. The nonresident tuition fee prescribed by this chapter
199	199	does not apply to a nonresident student who is a resident of New
200	200	Mexico or Oklahoma and who registers in a public technical
201	201	institute that is situated in a county that is within 100 miles of
202	202	the state in which the nonresident student resides and who is
203	203	admitted for the purpose of utilizing available instructional
204	204	facilities. The nonresident student described in this subsection
205	205	shall pay an amount equivalent to the amount charged a Texas student
206	206	registered at a similar school in the state in which the nonresident
207	207	student resides. For purposes of this subsection, "public
208	208	upper-level institution of higher education" means an institution
209	209	of higher education that offers only junior-level and senior-level
210	210	courses or only junior-level, senior-level, and graduate-level
211	211	courses.
212	212	(b) The foreign student tuition fee prescribed in this
213	213	chapter does not apply to a foreign student who is a resident of a
214	214	nation situated adjacent to Texas, demonstrates financial need as
215	215	provided by Subsection (c), and registers in:
216	216	(1) any general academic teaching institution or
217	217	component of the Texas State Technical College System located in a
218	218	county immediately adjacent to the nation in which the foreign
219	219	student resides;
220	220	(2) lower division courses at a community or junior
221	221	college having a partnership agreement pursuant to Subchapter N,
222	222	Chapter 51, with an upper-level university and both institutions
223	223	are located in the county immediately adjacent to the nation in
224	224	which the foreign student resides;
225	225	(3) Texas A&M University--Kingsville, Texas A&M
226	226	University--Corpus Christi, or The University of Texas at San
227	227	Antonio; or
228	228	(4) courses that are part of a graduate degree program
229	229	in public health and are conducted in a county immediately adjacent
230	230	to the nation in which the foreign student resides.
231	231	(c) A foreign student to whom Subsection (b) applies shall
232	232	pay tuition equal to that charged Texas residents under Section
233	233	[Sections] 54.051 [and 54.0512]. The coordinating board shall
234	234	adopt rules governing the determination of financial need of
235	235	students to whom Subsection (b) applies and rules governing a pilot
236	236	project to be established at general academic teaching institutions
237	237	and at components of the Texas State Technical College System in
238	238	counties that are not immediately adjacent to the nation in which
239	239	the foreign student resides.
240	240	(d) The coordinating board by rule shall establish a program
241	241	with the United Mexican States and with Canada for the exchange of
242	242	students and shall establish programs with other nations for the
243	243	exchange of students to the extent practicable. The foreign
244	244	student tuition fee prescribed in this chapter does not apply to a
245	245	foreign student participating in an exchange program established
246	246	under this section.
247	247	(e) The coordinating board shall adopt rules to determine
248	248	the number of students who may participate in the programs provided
249	249	by Subsections (b) and (d) and the students who may transfer from
250	250	any general academic teaching institution or component of the Texas
251	251	State Technical College System in a county immediately adjacent to
252	252	the nation in which the foreign student resides to attend another
253	253	general academic teaching institution or component of the Texas
254	254	State Technical College System to complete a degree, certificate,
255	255	or diploma or attend graduate school.
256	256	(f) The payment of resident tuition at Lamar State
257	257	College--Orange, Lamar State College--Port Arthur, or a public
258	258	technical institute as authorized by Subsection (a) or at an
259	259	institution of higher education as authorized by Subsection (g)
260	260	does not affect the constitutionally dedicated funding to which
261	261	institutions of higher education are entitled under Section 17,
262	262	Article VII, [Section 17, of the] Texas Constitution.
263	263	(g) The nonresident tuition fee prescribed by this chapter
264	264	does not apply to a nonresident student who is a resident of a
265	265	county or parish of Arkansas, Louisiana, New Mexico, or Oklahoma
266	266	that is adjacent to this state and who registers in an institution
267	267	of higher education, the governing board of which has agreed to
268	268	admit the student at the resident tuition fee prescribed by this
269	269	chapter. The state in which the student resides must allow a
270	270	resident of a county of this state that is adjacent to that state to
271	271	register in a public institution of higher education in that state
272	272	at the tuition fee charged residents of that state. The student
273	273	shall pay tuition equal to that charged residents of this state at
274	274	the institution.
275	275	(h) In this section:
276	276	(1) "Coordinating board" means the Texas Higher
277	277	Education Coordinating Board.
278	278	(2) "General academic teaching institution" and
279	279	"public technical institute" have the meanings assigned by Section
280	280	61.003.
281	281	Sec. 54.232 [54.074]. NATO AGREEMENT. A nonimmigrant alien
282	282	who resides in this state in accordance with the Agreement between
283	283	the Parties to the North Atlantic Treaty Regarding the Status of
284	284	Their Forces (4 U.S.T. 1792) and the spouse or children of that
285	285	alien are considered to be residents for tuition and fee purposes
286	286	under this title.
287	287	Sec. 54.233. ACADEMIC COMMON MARKET. The governing board
288	288	of an institution of higher education shall charge nonresident
289	289	students participating in the Academic Common Market and enrolled
290	290	in programs designated under Section 160.07 the same amount charged
291	291	resident students in such programs.
292	292	Sec. 54.241 [54.058]. MILITARY PERSONNEL AND DEPENDENTS.
293	293	(a) Military personnel are classified as provided by this section.
294	294	(b) A person who is an officer, enlisted person, selectee,
295	295	or draftee of the Army, Army Reserve, Army National Guard, Air
296	296	National Guard, Air Force, Air Force Reserve, Navy, Navy Reserve,
297	297	Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard
298	298	Reserve of the United States, who is assigned to duty in Texas, and
299	299	the spouse and children of such an officer, enlisted person,
300	300	selectee, or draftee, are entitled to register in a state
301	301	institution of higher education by paying the tuition fee and other
302	302	fees or charges required of Texas residents, without regard to the
303	303	length of time the officer, enlisted person, selectee, or draftee
304	304	has been assigned to duty or resided in the state. However,
305	305	out-of-state Army National Guard or Air National Guard members
306	306	attending training with Texas Army or Air National Guard units
307	307	under National Guard Bureau regulations may not be exempted from
308	308	nonresident tuition by virtue of that training status nor may
309	309	out-of-state Army, Air Force, Navy, Marine Corps, or Coast Guard
310	310	Reserves training with units in Texas under similar regulations be
311	311	exempted from nonresident tuition by virtue of that training
312	312	status. It is the intent of the legislature that only those members
313	313	of the Army or Air National Guard or other reserve forces mentioned
314	314	above be exempted from the nonresident tuition fee and other fees
315	315	and charges only when they become members of Texas units of the
316	316	military organizations mentioned above.
317	317	(c) The spouse or child of a member of the Armed Forces of
318	318	the United States who has been assigned to duty elsewhere
319	319	immediately following assignment to duty in Texas is entitled to
320	320	pay the tuition fees and other fees or charges provided for Texas
321	321	residents as long as the spouse or child resides continuously in
322	322	Texas.
323	323	(d) A spouse or dependent child of a member of the Armed
324	324	Forces of the United States, who is not assigned to duty in Texas
325	325	but who has previously resided in Texas for a six-month period, is
326	326	entitled to pay the tuition fees and other fees or charges provided
327	327	for Texas residents for a term or semester at an institution of
328	328	higher education if the member:
329	329	(1) at least one year preceding the first day of the
330	330	term or semester executed a document with the applicable military
331	331	service that is in effect on the first day of the term or semester
332	332	and that:
333	333	(A) indicates that the member's permanent
334	334	residence address is in Texas; and
335	335	(B) designates Texas as the member's place of
336	336	legal residence for income tax purposes;
337	337	(2) has been registered to vote in Texas for the entire
338	338	year preceding the first day of the term or semester; and
339	339	(3) satisfies at least one of the following
340	340	requirements:
341	341	(A) for the entire year preceding the first day
342	342	of the term or semester has owned real property in Texas and in that
343	343	time has not been delinquent in the payment of any taxes on the
344	344	property;
345	345	(B) has had an automobile registered in Texas for
346	346	the entire year preceding the first day of the term or semester; or
347	347	(C) at least one year preceding the first day of
348	348	the term or semester executed a will that has not been revoked or
349	349	superseded indicating that the member is a resident of this state
350	350	and deposited the will with the county clerk of the county of the
351	351	member's residence under Section 71, Texas Probate Code.
352	352	(e) A Texas institution of higher education may charge to
353	353	the United States government the nonresident tuition fee for a
354	354	veteran enrolled under the provisions of a federal law or
355	355	regulation authorizing educational or training benefits for
356	356	veterans.
357	357	(f) The spouse or child of a member of the Armed Forces of
358	358	the United States who dies or is killed is entitled to pay the
359	359	resident tuition fee if the spouse or child becomes a resident of
360	360	Texas within 60 days of the date of death.
361	361	(g) If a member of the Armed Forces of the United States is
362	362	stationed outside Texas and the member's spouse or child
363	363	establishes residence in Texas by residing in Texas and by filing
364	364	with the Texas institution of higher education at which the spouse
365	365	or child plans to register a letter of intent to establish residence
366	366	in Texas, the institution of higher education shall permit the
367	367	spouse or child to pay the tuition, fees, and other charges provided
368	368	for Texas residents without regard to length of time that the spouse
369	369	or child has resided in Texas.
370	370	(h) The governing board of Midwestern State University may
371	371	set the resident and nonresident tuition rates for United States
372	372	military personnel enrolled in the bachelor of science or master of
373	373	science degree program in radiological sciences at Midwestern State
374	374	University at the rates the governing board considers appropriate,
375	375	notwithstanding any other provision of this subchapter, and may
376	376	exempt those military personnel from all or part of required fees
377	377	and charges while enrolled in one of those programs. The total
378	378	amount of tuition and required fees charged to a resident member of
379	379	the armed forces under this subsection may not be less than the
380	380	total amount of tuition and required fees charged to other resident
381	381	students in the same program. United States military personnel
382	382	enrolled in one of those programs by instructional
383	383	telecommunication are entitled to pay tuition fees and other fees
384	384	or charges provided by the board for United States military
385	385	personnel residing in Texas if they began the program while
386	386	stationed at a military base or other installation in Texas as a
387	387	member of the United States Armed Forces. In this subsection,
388	388	"instructional telecommunication" means instruction delivered
389	389	primarily by telecommunication technology, including open-channel
390	390	television, cable television, closed-circuit television, low power
391	391	television, communication and/or direct broadcast satellite,
392	392	satellite master antenna system, microwave, videotape, videodisc,
393	393	computer software, computer networks, and telephone lines.
394	394	(i) A former member of the Armed Forces of the United States
395	395	or the former member's spouse or dependent child is entitled to pay
396	396	the tuition fees and other fees or charges provided for Texas
397	397	residents for any term or semester at a state institution of higher
398	398	education that begins before the first anniversary of the member's
399	399	separation from the Armed Forces if the former member:
400	400	(1) has retired or been honorably discharged from the
401	401	Armed Forces; and
402	402	(2) has complied with the requirements of Subsection
403	403	(d).
404	404	(j) A member of the Armed Forces of the United States or the
405	405	child or spouse of a member of the Armed Forces of the United States
406	406	who is entitled to pay tuition and fees at the rate provided for
407	407	Texas residents under another provision of this section while
408	408	enrolled in a degree or certificate program is entitled to pay
409	409	tuition and fees at the rate provided for Texas residents in any
410	410	subsequent term or semester while the person is continuously
411	411	enrolled in the same degree or certificate program. For purposes of
412	412	this subsection, a person is not required to enroll in a summer term
413	413	to remain continuously enrolled in a degree or certificate program.
414	414	The person's eligibility to pay tuition and fees at the rate
415	415	provided for Texas residents under this subsection does not
416	416	terminate because the person is no longer a member of the Armed
417	417	Forces of the United States or the child or spouse of a member of the
418	418	Armed Forces of the United States.
419	419	(k) A person is entitled to pay tuition and fees at an
420	420	institution of higher education at the rates provided for Texas
421	421	residents without regard to the length of time the person has
422	422	resided in this state if the person files with the institution at
423	423	which the person intends to register a letter of intent to establish
424	424	residence in this state and resides in this state while enrolled in
425	425	the institution and the person:
426	426	(1) is eligible for benefits under the federal
427	427	Post-9/11 Veterans Educational Assistance Act of 2008 (38 U.S.C.
428	428	Section 3301 et seq.) or any other federal law authorizing
429	429	educational benefits for veterans;
430	430	(2) is the spouse of a person described by Subdivision
431	431	(1); or
432	432	(3) is a child of a person described by Subdivision (1)
433	433	who is 25 years of age or younger on the first day of the semester or
434	434	other academic term for which the person is registering, except
435	435	that the Texas Higher Education Coordinating Board by rule shall
436	436	prescribe procedures by which a person who suffered from a severe
437	437	illness or other debilitating condition that affected the person's
438	438	ability to use the benefit provided by this subsection before
439	439	reaching that age may be granted additional time to use the benefit
440	440	corresponding to the time the person was unable to use the benefit
441	441	because of the illness or condition.
442	442	(l) In this section, "child" includes a stepchild.
443	443	Sec. 54.251 [54.069]. REGISTERED NURSES IN POSTGRADUATE
444	444	NURSING DEGREE PROGRAMS; OPTIONAL WAIVER. An institution of higher
445	445	education may permit a registered nurse authorized to practice
446	446	professional nursing in Texas to register by paying the tuition
447	447	fees and other fees or charges required for Texas residents under
448	448	Section 54.051, without regard to the length of time the registered
449	449	nurse has resided in Texas, if the registered nurse:
450	450	(1) is enrolled in a program designed to lead to a
451	451	master's degree or other higher degree in nursing; and
452	452	(2) intends to teach in a program in Texas designed to
453	453	prepare students for licensure as registered nurses.
454	454	Sec. 54.261. DESIGNATED TUITION; HARDSHIP; OPTIONAL
455	455	WAIVER. A governing board may waive all or part of the tuition
456	456	charged to a student under Section 54.0513 if it finds that the
457	457	payment of such tuition would cause an undue economic hardship on
458	458	the student.
459	459	Sec. 54.262. STUDENT SERVICES FEES; OPTIONAL WAIVER. The
460	460	governing board of an institution of higher education may waive all
461	461	or part of any compulsory fee or fees authorized by Section 54.503
462	462	in the case of any student for whom the payment of the fee would
463	463	cause an undue financial hardship, provided the number of the
464	464	students to whom the waiver is granted for a semester or term does
465	465	not exceed 10 percent of the institution's total enrollment for
466	466	that semester or term. The board may limit accordingly the
467	467	participation of a student in the activities financed by the fee so
468	468	waived.
469	469	Sec. 54.263 [54.013]. STUDENTS 55 YEARS OF AGE OR OLDER;
470	470	OPTIONAL WAIVER. (a) An institution of higher education may
471	471	charge a student 55 years of age or older tuition and fees at rates
472	472	that are lower than the rates otherwise provided by this chapter,
473	473	under the condition that a student under 55 years of age will not be
474	474	precluded from enrolling in a course for credit toward a degree or
475	475	certificate. The institution may set additional qualifications
476	476	that a student must meet to qualify for tuition and fees at rates
477	477	set under this section and may set different rates for different
478	478	programs, campuses, or courses. The institution may set rates
479	479	under this section for resident students, nonresident students, or
480	480	both, and may set different rates for resident students and
481	481	nonresident students.
482	482	(b) A tuition or fee rate set under this section must apply
483	483	uniformly to each student that meets the applicable qualifications
484	484	set by the institution to pay tuition or fees at that rate.
485	485	(c) The legislature in an appropriations act shall account
486	486	for the rates authorized by Subsection (a) in a way that does not
487	487	increase the general revenue appropriations to that institution.
488	488	Sec. 54.301 [54.201]. HIGHEST RANKING HIGH SCHOOL
489	489	GRADUATES; OPTIONAL EXEMPTION. The governing board of each
490	490	institution of higher education may issue scholarships each year to
491	491	the highest ranking graduate of each accredited high school of this
492	492	state, exempting the graduates from the payment of tuition during
493	493	both semesters of the first regular session immediately following
494	494	their graduation. This exemption may be granted for any one of the
495	495	first four regular sessions following the individual's graduation
496	496	from high school when in the opinion of the institution's president
497	497	the circumstances of an individual case, including military
498	498	service, merit the action.
499	499	Sec. 54.331 [54.207]. STUDENTS FROM OTHER NATIONS OF THE
500	500	AMERICAN HEMISPHERE. (a) The governing boards of the institutions
501	501	of higher education may annually exempt from the payment of tuition
502	502	fees the following students:
503	503	(1) 200 native-born students from the other nations of
504	504	the American hemisphere; and
505	505	(2) 35 native-born students from a Latin American
506	506	country designated by the United States Department of State.
507	507	(b) Ten students from each nation, as authorized in
508	508	Subsection (a)(1) [of this section], shall be exempt as provided in
509	509	this subsection. In the event any nation fails to have 10 students
510	510	available and qualified for exemption, additional students from the
511	511	other nations may be exempted, subject to the approval of the Texas
512	512	Higher Education Coordinating Board[, Texas College and University
513	513	System,] and allocation by the coordinating board [it]. However,
514	514	not more than 235 students from all the nations shall be exempt each
515	515	year. In the event the nation designated in Subsection (a)(2) of
516	516	this section fails to have 35 students available and qualified for
517	517	exemption within a reasonable time, additional students from other
518	518	nations may be exempt, subject to the approval of the coordinating
519	519	board.
520	520	(c) Every applicant desiring the exemption shall furnish
521	521	satisfactory evidence, certified by the proper authority of the
522	522	applicant's [his] native country, that the applicant [he] is a bona
523	523	fide native-born citizen and resident of the country that [which]
524	524	certifies the [his] application and that the applicant [he] is
525	525	scholastically qualified for admission.
526	526	(d) The coordinating board, after consultation with
527	527	representatives of the governing boards of the institutions of
528	528	higher education, shall formulate and prescribe a plan governing
529	529	the admission and distribution of all applicants desiring to
530	530	qualify under the provisions of this section.
531	531	(e) No student shall be exempted under this section who is
532	532	not a native-born citizen of the country certifying the student's
533	533	[his] qualifications and who has not lived in one of the nations of
534	534	this hemisphere for a period of at least five years. No member of
535	535	the Communist Party and no student from Cuba shall be eligible for
536	536	benefits under this section.
537	537	Sec. 54.341 [54.203]. VETERANS AND OTHER MILITARY
538	538	PERSONNEL;[,] DEPENDENTS[, ETC]. (a) The governing board of each
539	539	institution of higher education shall exempt the following persons
540	540	from the payment of tuition, dues, fees, and other required
541	541	charges, including fees for correspondence courses but excluding
542	542	general deposit fees, student services fees, and any fees or
543	543	charges for lodging, board, or clothing, provided the person
544	544	seeking the exemption entered the service at a location in this
545	545	state, declared this state as the person's home of record in the
546	546	manner provided by the applicable military or other service, or
547	547	would have been determined to be a resident of this state for
548	548	purposes of Subchapter B at the time the person entered the service:
549	549	(1) all nurses and honorably discharged members of the
550	550	armed forces of the United States who served during the
551	551	Spanish-American War or during World War I;
552	552	(2) all nurses, members of the Women's Army Auxiliary
553	553	Corps, members of the Women's Auxiliary Volunteer Emergency
554	554	Service, and all honorably discharged members of the armed forces
555	555	of the United States who served during World War II except those who
556	556	were discharged from service because they were over the age of 38 or
557	557	because of a personal request on the part of the person that the
558	558	person be discharged from service;
559	559	(3) all honorably discharged men and women of the
560	560	armed forces of the United States who served during the national
561	561	emergency which began on June 27, 1950, and which is referred to as
562	562	the Korean War; and
563	563	(4) all persons who were honorably discharged from the
564	564	armed forces of the United States after serving on active military
565	565	duty, excluding training, for more than 180 days and who served a
566	566	portion of their active duty during:
567	567	(A) the Cold War which began on the date of the
568	568	termination of the national emergency cited in Subdivision (3);
569	569	(B) the Vietnam era which began on December 21,
570	570	1961, and ended on May 7, 1975;
571	571	(C) the Grenada and Lebanon era which began on
572	572	August 24, 1982, and ended on July 31, 1984;
573	573	(D) the Panama era which began on December 20,
574	574	1989, and ended on January 21, 1990;
575	575	(E) the Persian Gulf War which began on August 2,
576	576	1990, and ends on the date thereafter prescribed by Presidential
577	577	proclamation or September 1, 1997, whichever occurs first;
578	578	(F) the national emergency by reason of certain
579	579	terrorist attacks that began on September 11, 2001; or
580	580	(G) any future national emergency declared in
581	581	accordance with federal law.
582	582	(a-1) A person who before the 2009-2010 academic year
583	583	received an exemption provided by Subsection (a) continues to be
584	584	eligible for the exemption provided by that subsection as that
585	585	subsection existed on January 1, 2009, subject to the other
586	586	provisions of this section other than the requirement of Subsection
587	587	(a) that the person must have entered the service at a location in
588	588	this state, declared this state as the person's home of record, or
589	589	would have been determined to be a resident of this state for
590	590	purposes of Subchapter B at the time the person entered the service.
591	591	(a-2) The exemptions provided for in Subsection (a) also
592	592	apply to the spouse of:
593	593	(1) a member of the armed forces of the United States:
594	594	(A) who was killed in action;
595	595	(B) who died while in service;
596	596	(C) who is missing in action;
597	597	(D) whose death is documented to be directly
598	598	caused by illness or injury connected with service in the armed
599	599	forces of the United States; or
600	600	(E) who became totally disabled for purposes of
601	601	employability according to the disability ratings of the Department
602	602	of Veterans Affairs as a result of a service-related injury; or
603	603	(2) a member of the Texas National Guard or the Texas
604	604	Air National Guard who:
605	605	(A) was killed since January 1, 1946, while on
606	606	active duty either in the service of this state or the United
607	607	States; or
608	608	(B) is totally disabled for purposes of
609	609	employability according to the disability ratings of the Department
610	610	of Veterans Affairs, regardless of whether the member is eligible
611	611	to receive disability benefits from the department, as a result of a
612	612	service-related injury suffered since January 1, 1946, while on
613	613	active duty either in the service of this state or the United
614	614	States.
615	615	(b) The exemptions provided for in Subsection (a) also apply
616	616	to:
617	617	(1) the children of members of the armed forces of the
618	618	United States:
619	619	(A) who are or were killed in action;
620	620	(B) who die or died while in service;
621	621	(C) who are missing in action;
622	622	(D) whose death is documented to be directly
623	623	caused by illness or injury connected with service in the armed
624	624	forces of the United States; or
625	625	(E) who became totally disabled for purposes of
626	626	employability according to the disability ratings of the Department
627	627	of Veterans Affairs as a result of a service-related injury; and
628	628	(2) the children of members of the Texas National
629	629	Guard and the Texas Air National Guard who:
630	630	(A) were killed since January 1, 1946, while on
631	631	active duty either in the service of their state or the United
632	632	States; or
633	633	(B) are totally disabled for purposes of
634	634	employability according to the disability ratings of the Department
635	635	of Veterans Affairs, regardless of whether the members are eligible
636	636	to receive disability benefits from the department, as a result of a
637	637	service-related injury suffered since January 1, 1946, while on
638	638	active duty either in the service of this state or the United
639	639	States.
640	640	(b-1) To qualify for an exemption under Subsection (a-2) or
641	641	(b), the spouse or child must be classified as a resident under
642	642	Subchapter B on the date of the spouse's or child's registration.
643	643	(b-2) The governing board of an institution of higher
644	644	education shall exempt from the payment of resident tuition at the
645	645	institution a dependent child, including a stepchild, of a member
646	646	of the Armed Forces of the United States who is a resident of this
647	647	state or is entitled to pay resident tuition under this subchapter,
648	648	for any semester or other academic term during which the member of
649	649	the armed forces is deployed on active duty for the purpose of
650	650	engaging in a combative military operation outside the United
651	651	States. In its appropriations to institutions of higher education,
652	652	the legislature shall provide sufficient funds to cover the full
653	653	costs of the exemptions provided by this subsection.
654	654	(c) A person may not receive exemptions provided for by this
655	655	section for more than a cumulative total of 150 credit hours.
656	656	(d) The governing board of each institution of higher
657	657	education granting an exemption under this section shall require
658	658	every applicant claiming the exemption to submit satisfactory
659	659	evidence that the applicant qualifies for the exemption.
660	660	(e) The exemption from tuition, fees, and other charges
661	661	provided for by this section does not apply to a person who at the
662	662	time of registration is entitled to receive educational benefits
663	663	under federal legislation that may be used only for the payment of
664	664	tuition and fees if the value of those benefits received in a
665	665	semester or other term is equal to or exceeds the value of the
666	666	exemption for the same semester or other term. If the value of
667	667	federal benefits that may be used only for the payment of tuition
668	668	and fees and are received in a semester or other term does not equal
669	669	or exceed the value of the exemption for the same semester or other
670	670	term, the person is entitled to receive both those federal benefits
671	671	and the exemption in the same semester or other term. The combined
672	672	amount of the federal benefit that may be used only for the payment
673	673	of tuition and fees plus the amount of the exemption received in a
674	674	semester or other term may not exceed the cost of tuition and fees
675	675	for that semester or other term.
676	676	(e-1) A person may not receive an exemption under this
677	677	section if the person is in default on a loan made or guaranteed for
678	678	educational purposes by the State of Texas.
679	679	(f) The governing board of each institution of higher
680	680	education may enter into contracts with the United States
681	681	government, or any of its agencies, to furnish instruction to
682	682	ex-servicemen and ex-service women at a tuition rate which covers
683	683	the estimated cost of the instruction or, in the alternative, at a
684	684	tuition rate of $100 a semester, as may be determined by the
685	685	governing board. If the rates specified are prohibited by federal
686	686	law for any particular class of ex-servicemen or ex-service women,
687	687	the tuition rate shall be set by the governing board, but shall not
688	688	be less than the established rate for civilian students. If federal
689	689	law provides as to any class of veterans that the tuition payments
690	690	are to be deducted from subsequent benefits to which the veteran may
691	691	be entitled, the institution shall refund to any veteran who is a
692	692	resident of Texas within the meaning of this section the amount by
693	693	which any adjusted compensation payment is actually reduced because
694	694	of tuition payments made to the institution by the federal
695	695	government for the veteran.
696	696	(g) The governing board of a public junior college
697	697	[district], public technical institute, or public state college, as
698	698	those terms are defined by Section 61.003, may establish a fee for
699	699	extraordinary costs associated with a specific course or program
700	700	and may provide that the exemptions provided by this section do not
701	701	apply to this fee.
702	702	(h) The governing board of each institution of higher
703	703	education shall electronically report to the Texas Higher Education
704	704	Coordinating Board the information required by Section 61.0516
705	705	relating to each individual receiving an exemption from fees and
706	706	charges under Subsection (a), (a-2), or (b). The institution shall
707	707	report the information not later than December 31 of each year for
708	708	the fall semester, May 31 of each year for the spring semester, and
709	709	September 30 of each year for the summer session.
710	710	(i) The Texas Higher Education Coordinating Board may adopt
711	711	rules to provide for the efficient and uniform application of this
712	712	section.
713	713	(j) In determining whether to admit a person to any
714	714	certificate program or any baccalaureate, graduate, postgraduate,
715	715	or professional degree program, an institution of higher education
716	716	may not consider the fact that the person is eligible for an
717	717	exemption under this section.
718	718	(k) The Texas Higher Education Coordinating Board by rule
719	719	shall prescribe procedures to allow a person who becomes eligible
720	720	for an exemption provided by Subsection (a) to waive the person's
721	721	right to any unused portion of the maximum number of cumulative
722	722	credit hours for which the person could receive the exemption and
723	723	assign the exemption for the unused portion of those credit hours to
724	724	a child of the person. The procedures shall provide:
725	725	(1) the manner in which a person may waive the
726	726	exemption and designate a child to receive the exemption;
727	727	(2) a procedure permitting the person to designate a
728	728	different child to receive the exemption if the child previously
729	729	designated to receive the exemption did not use the exemption under
730	730	this section for all of the assigned portion of credit hours; and
731	731	(3) a method of documentation to enable institutions
732	732	of higher education to determine the eligibility of the designated
733	733	child to receive the exemption.
734	734	(l) To be eligible to receive an exemption under Subsection
735	735	(k), the child must:
736	736	(1) be a student who is classified as a resident under
737	737	Subchapter B when the child enrolls in an institution of higher
738	738	education;
739	739	(2) make satisfactory academic progress in a degree,
740	740	certificate, or continuing education program as determined by the
741	741	institution at which the child is enrolled in accordance with the
742	742	policy of the institution's financial aid department, except that
743	743	the institution may not require the child to enroll in a minimum
744	744	course load; and
745	745	(3) be 25 years of age or younger on the first day of
746	746	the semester or other academic term for which the exemption is
747	747	claimed, except that the Texas Higher Education Coordinating Board
748	748	by rule shall prescribe procedures by which a child who suffered
749	749	from a severe illness or other debilitating condition that affected
750	750	the child's ability to use the exemption before reaching that age
751	751	may be granted additional time to use the exemption corresponding
752	752	to the time the child was unable to use the exemption because of the
753	753	illness or condition.
754	754	(m) For purposes of this section, a person is the child of
755	755	another person if:
756	756	(1) the person is the stepchild or the biological or
757	757	adopted child of the other person; or
758	758	(2) the other person claimed the person as a dependent
759	759	on a federal income tax return filed for the preceding year or will
760	760	claim the person as a dependent on a federal income tax return for
761	761	the current year.
762	762	Sec. 54.342 [54.219]. PRISONERS OF WAR. (a) In this
763	763	section, "tuition and required fees" includes tuition, service
764	764	fees, lab fees, building use fees, and all other required fees
765	765	except room, board, or clothing fees or deposits in the nature of
766	766	security for the return or proper care of property.
767	767	(b) For each semester or summer session and for a total
768	768	number of semester credit hours not to exceed 120, the governing
769	769	body of each institution of higher education shall exempt from the
770	770	payment of tuition and required fees any person who:
771	771	(1) is a resident of Texas and was a resident of Texas
772	772	at the time of the person's original entry into the United States
773	773	armed forces;
774	774	(2) was first classified as a prisoner of war by the
775	775	United States Department of Defense on or after January 1, 1999; and
776	776	(3) is enrolled for at least 12 semester credit hours.
777	777	(c) For each semester or session in which a person receives
778	778	an exemption from tuition and required fees under Subsection (b),
779	779	the governing body of the institution the person attends shall
780	780	exempt the person from the payment of fees and charges for lodging
781	781	and board if the person resides on the campus of the institution.
782	782	If the person does not reside on the campus of the institution, the
783	783	institution shall provide to the person a reasonable stipend to
784	784	cover the costs of the person's lodging and board.
785	785	(d) For each semester or session in which a person receives
786	786	an exemption from tuition and required fees under Subsection (b),
787	787	the governing body of the institution the person attends shall
788	788	award to the person a scholarship to cover the costs of books and
789	789	similar educational materials required for course work at the
790	790	institution.
791	791	(e) An institution may use any available revenue, including
792	792	legislative appropriations, and shall solicit and accept gifts,
793	793	grants, and donations for the purposes of this section. The
794	794	institution shall use gifts, grants, and donations received for the
795	795	purposes of this section before using any other revenue.
796	796	Sec. 54.343 [54.209]. CHILDREN OF PRISONERS OF WAR OR
797	797	PERSONS MISSING IN ACTION. (a) In this section:
798	798	(1) "Dependent child" means a person under 21 years of
799	799	age, or a person under 25 years of age who receives the majority of
800	800	his support from his parent or parents.
801	801	(2) "Tuition and fees" includes tuition, service fees,
802	802	lab fees, building use fees, and all other fees except room, board,
803	803	or clothing fees, or deposits in the nature of security for the
804	804	return or proper care of property.
805	805	(b) The governing body of each institution of higher
806	806	education, on presentation of satisfactory evidence, shall exempt
807	807	from the payment of tuition and fees the dependent child of any
808	808	person who is a domiciliary of Texas on active duty as a member of
809	809	the armed forces of the United States, and who at the time of the
810	810	registration is classified by the Department of Defense as a
811	811	prisoner of war or as missing in action.
812	812	Sec. 54.344 [54.215]. PARTICIPANTS IN MILITARY FUNERALS.
813	813	The governing board of each institution of higher education shall
814	814	provide a $25 exemption from tuition and required fees under this
815	815	chapter to a student in exchange for a voucher issued to the student
816	816	under Section 434.0072, Government Code, that is presented by the
817	817	student to the institution.
818	818	Sec. 54.345 [54.2155]. ASSISTANCE FOR TUITION AND FEES FOR
819	819	MEMBERS OF STATE MILITARY FORCES. (a) For each semester, the
820	820	adjutant general of the state military forces shall certify to
821	821	institutions of higher education as described by Section 431.090,
822	822	Government Code, information identifying the persons to whom the
823	823	adjutant general has awarded assistance for tuition and mandatory
824	824	fees under that section.
825	825	(b) An institution of higher education shall exempt a person
826	826	certified by the adjutant general as described by Subsection (a)
827	827	from the payment of tuition for the semester credit hours for which
828	828	the person enrolls, not to exceed 12 semester credit hours. If the
829	829	person is not charged tuition at the rate provided for other Texas
830	830	residents, the amount of the exemption may not exceed the amount of
831	831	tuition the person would be charged as a Texas resident for the
832	832	number of semester credit hours for which the person enrolls, not to
833	833	exceed 12 semester credit hours.
834	834	(c) An institution of higher education shall exempt a person
835	835	who receives an exemption from tuition under Subsection (b) from
836	836	the payment of all mandatory fees for any semester in which the
837	837	person receives the tuition exemption.
838	838	Sec. 54.351 [54.204]. CHILDREN OF DISABLED FIREFIGHTERS
839	839	AND LAW ENFORCEMENT OFFICERS. (a) In this section:
840	840	(1) "Eligible firefighter or law enforcement officer"
841	841	means:
842	842	(A) a full-paid or volunteer firefighter;
843	843	(B) a full-paid or volunteer municipal, county,
844	844	or state peace officer, including a game warden; or
845	845	(C) a custodial officer of the Texas Department
846	846	of Criminal Justice.
847	847	(2) "Disability" means inability to engage in any
848	848	substantial gainful activity by reason of a medically determinable
849	849	physical or mental impairment that can be expected to result in
850	850	death or to be of long-continued and indefinite duration. A person
851	851	is not considered to be under a disability unless the person
852	852	provides any proof of the existence of the disability as may be
853	853	required.
854	854	(b) The governing board of each institution of higher
855	855	education shall exempt from the payment of all dues, fees, and
856	856	charges any person whose parent is an eligible firefighter or law
857	857	enforcement officer who has suffered an injury, resulting in death
858	858	or disability, sustained in the line of duty according to the
859	859	regulations and criteria then in effect governing the department or
860	860	agency in which the eligible firefighter or law enforcement officer
861	861	volunteered or was employed. The exemption does not apply to
862	862	general deposits or to fees or charges for lodging, board, or
863	863	clothing.
864	864	(c) A person is not entitled to the exemption if the person:
865	865	(1) does not apply initially for the exemption before
866	866	the date the person:
867	867	(A) becomes 21 years of age, if the person is not
868	868	covered by Paragraph (B); or
869	869	(B) becomes 22 years of age, if the person is
870	870	eligible to participate in a school district's special education
871	871	program under Section 29.003;
872	872	(2) does not meet all entrance requirements of the
873	873	institution; or
874	874	(3) does not maintain a scholastic average sufficient
875	875	to remain in good standing.
876	876	(d) Subject to Subsection (e), a person may receive an
877	877	exemption only for the first 120 undergraduate semester credit
878	878	hours for which the person registers.
879	879	(e) A person is not entitled to an exemption for any term or
880	880	semester the person begins after the date the person becomes 26
881	881	years of age.
882	882	(f) A person entitled to an exemption under the provisions
883	883	of this section shall, when transferring from a public junior
884	884	college to a public senior college or university, meet the standard
885	885	entrance requirements required by the senior college or university
886	886	of an applicant for admission not covered by the provisions of this
887	887	section.
888	888	(g) An eligible firefighter or law enforcement officer
889	889	whose injury results in a disability shall submit to a physical
890	890	examination by a physician designated by the United States Social
891	891	Security Administration to conduct physical examinations and to
892	892	make disability reports to the Social Security Administration. If
893	893	the physician decides the injury received has resulted in a
894	894	disability, the physician shall certify that fact to the head of the
895	895	department in which the eligible firefighter or law enforcement
896	896	officer volunteers or is employed.
897	897	(h) The head of the department in which the eligible
898	898	firefighter or law enforcement officer volunteered or was employed
899	899	at the time the firefighter or law enforcement officer sustained
900	900	the injury shall file a certificate with the Texas Higher Education
901	901	Coordinating Board on a form prepared by the board for the purpose.
902	902	The head of the department shall attach the certificate of the
903	903	examining physician if an examination is required by Subsection (g)
904	904	[of this section]. A copy of the certificate on file with the
905	905	coordinating board is sufficient evidence for the institution to
906	906	grant the exemption.
907	907	Sec. 54.352 [54.2041]. DISABLED PEACE OFFICERS; OPTIONAL
908	908	EXEMPTION. (a) The governing board of an institution of higher
909	909	education may exempt a student from the payment of tuition and
910	910	required fees authorized by this chapter for a course for which
911	911	space is available if the student:
912	912	(1) is a resident of this state and has resided in this
913	913	state for the 12 months immediately preceding the beginning of the
914	914	semester or session for which an exemption is sought;
915	915	(2) is permanently disabled as a result of an injury
916	916	suffered during the performance of a duty as a peace officer of this
917	917	state or a political subdivision of this state; and
918	918	(3) is unable to continue employment as a peace
919	919	officer because of the disability.
920	920	(b) A person may not receive an exemption under this section
921	921	for more than 12 semesters or sessions while the person is enrolled
922	922	in an undergraduate program or while the person is attending only
923	923	undergraduate courses.
924	924	(c) A person may not receive an exemption under this section
925	925	if the person is enrolled in a master's degree program or is
926	926	attending postgraduate courses to meet the requirements of a
927	927	master's degree program and the person has previously received a
928	928	master's degree and received an exemption under this section for a
929	929	semester or session while attending a postgraduate course to meet
930	930	the requirements of the master's degree program.
931	931	(d) A person may not receive an exemption under this section
932	932	if the person is enrolled in a doctoral degree program or is
933	933	attending postgraduate courses to meet the requirements of a
934	934	doctoral degree program and the person has previously received a
935	935	doctoral degree and received an exemption under this section for a
936	936	semester or session while attending a postgraduate course to meet
937	937	the requirements of the doctoral degree program.
938	938	(e) A person must apply for an exemption in the manner
939	939	provided by the governing board of the institution. The governing
940	940	board shall require an applicant for an exemption to submit
941	941	satisfactory evidence that the applicant is eligible for the
942	942	exemption.
943	943	(f) The legislature, in an appropriations act, shall
944	944	account for the rates of tuition and fees authorized by Subsection
945	945	(a) in a way that does not increase the general revenue
946	946	appropriations to that institution.
947	947	(g) In this section, "injury suffered during the
948	948	performance of a duty as a peace officer" means an injury occurring
949	949	as a result of the peace officer's performance of any of the
950	950	following law enforcement duties:
951	951	(1) traffic enforcement or traffic control duties,
952	952	including enforcement of traffic laws, investigation of vehicle
953	953	accidents, or directing traffic;
954	954	(2) pursuit, arrest, or search of a person reasonably
955	955	believed to have violated a law;
956	956	(3) investigation, including undercover
957	957	investigation, of a criminal act;
958	958	(4) patrol duties, including automobile, bicycle,
959	959	foot, air, or horse patrol;
960	960	(5) duties related to the transfer of prisoners; or
961	961	(6) training duties, including participation in any
962	962	training required by the officer's employer or supervisor or by the
963	963	Commission on Law Enforcement Officer Standards and Education.
964	964	(h) For the purpose of this section, a peace officer is
965	965	considered permanently disabled only if the chief administrative
966	966	officer of the law enforcement agency or other entity that employed
967	967	the officer at the time of the injury determines the officer is
968	968	permanently disabled and satisfies any requirement of an
969	969	institution under Subsection (e).
970	970	Sec. 54.354 [615.0225]. EDUCATION BENEFITS FOR CERTAIN
971	971	SURVIVORS. (a) A person is eligible to receive education benefits
972	972	under this section if the person is:
973	973	(1) a surviving spouse; or
974	974	(2) a surviving minor child as defined by Section
975	975	615.001, Government Code.
976	976	(b) An eligible person who enrolls as a full-time student at
977	977	an institution of higher education as defined by Section 61.003[,
978	978	Education Code,] is exempt from tuition and fees at that
979	979	institution of higher education until the student receives a
980	980	bachelor's degree or 200 hours of course credit, whichever occurs
981	981	first.
982	982	(c) If the student elects to reside in housing provided by
983	983	the institution of higher education and qualifies to reside in that
984	984	housing, the institution shall pay from the general revenue
985	985	appropriated to the institution the cost of the student's contract
986	986	for food and housing until the student receives a bachelor's degree
987	987	or 200 hours of course credit, whichever occurs first. If there is
988	988	no space available in the institution's housing, the institution
989	989	shall, from the general revenue appropriated to the institution,
990	990	pay to the student each month the equivalent amount that the
991	991	institution would have expended had the student lived in the
992	992	institution's housing. The institution is not required to pay the
993	993	student the monthly payment if the student would not qualify to live
994	994	in the institution's housing.
995	995	(d) The institution of higher education shall, from the
996	996	general revenue appropriated to the institution, pay to the student
997	997	the cost of the student's textbooks until the student receives a
998	998	bachelor's degree or 200 hours of course credit, whichever occurs
999	999	first.
1000	1000	(e) A payment under this section is in addition to any
1001	1001	payment made under Section 615.022, Government Code.
1002	1002	Sec. 54.355 [54.221]. CHILDREN OF PROFESSIONAL NURSING
1003	1003	PROGRAM FACULTY. (a) In this section:
1004	1004	(1) "Child" means a child 25 years of age or younger
1005	1005	and includes an adopted child.
1006	1006	(2) "Graduate professional nursing program" means an
1007	1007	educational program of a public or private institution of higher
1008	1008	education that prepares students for a master's or doctoral degree
1009	1009	in nursing.
1010	1010	(3) "Undergraduate professional nursing program"
1011	1011	means a public or private educational program for preparing
1012	1012	students for initial licensure as registered nurses.
1013	1013	(b) The governing board of an institution of higher
1014	1014	education shall exempt from the payment of tuition a resident of
1015	1015	this state enrolled as an undergraduate student at the institution
1016	1016	who is a child of a person who, at the beginning of the semester or
1017	1017	other academic term for which an exemption is sought, holds a
1018	1018	master's or doctoral degree in nursing, if not employed or under
1019	1019	contract as a teaching assistant under Subdivision (1) or (2), or a
1020	1020	baccalaureate degree in nursing, if employed or under contract as a
1021	1021	teaching assistant under Subdivision (1) or (2), and:
1022	1022	(1) is employed by an undergraduate or graduate
1023	1023	professional nursing program in this state as a full-time member of
1024	1024	its faculty or staff with duties that include teaching, serving as a
1025	1025	teaching assistant, performing research, serving as an
1026	1026	administrator, or performing other professional services; or
1027	1027	(2) has contracted with an undergraduate or graduate
1028	1028	professional nursing program in this state to serve as a full-time
1029	1029	member of its faculty or staff to perform duties described by
1030	1030	Subdivision (1) during all or part of the semester or other academic
1031	1031	term for which an exemption is sought or, if the child is enrolled
1032	1032	for a summer session, during all or part of that session or for the
1033	1033	next academic year.
1034	1034	(c) A child who would qualify for an exemption under this
1035	1035	section but for the fact that the child's parent is not employed
1036	1036	full-time is eligible for an exemption on a pro rata basis equal to
1037	1037	the percentage of full-time employment the parent is employed,
1038	1038	except that a parent employed for less than 25 percent of full-time
1039	1039	employment is considered to be employed for 25 percent of full-time
1040	1040	employment.
1041	1041	(d) A person is not eligible for an exemption under this
1042	1042	section if the person:
1043	1043	(1) has previously received an exemption under this
1044	1044	section for 10 semesters or summer sessions at any institution or
1045	1045	institutions of higher education; or
1046	1046	(2) has received a baccalaureate degree.
1047	1047	(e) For purposes of Subsection (d), a summer session that is
1048	1048	less than nine weeks in duration is considered one-half of a summer
1049	1049	session.
1050	1050	(f) The tuition exemption provided by this section applies
1051	1051	only to enrollment of a child at the institution at which the
1052	1052	child's parent is employed or is under contract.
1053	1053	(g) The Texas Higher Education Coordinating Board shall
1054	1054	adopt:
1055	1055	(1) rules governing the granting or denial of an
1056	1056	exemption under this section, including rules relating to the
1057	1057	determination of eligibility for an exemption; and
1058	1058	(2) a uniform application form for an exemption under
1059	1059	this section.
1060	1060	Sec. 54.356 [54.222]. PRECEPTORS FOR PROFESSIONAL NURSING
1061	1061	EDUCATION PROGRAMS. (a) In this section, "child" and
1062	1062	"undergraduate professional nursing program" have the meanings
1063	1063	assigned by Section 54.355 [54.221].
1064	1064	(b) The governing board of an institution of higher
1065	1065	education shall exempt from the payment of $500 of the total amount
1066	1066	of tuition a resident of this state enrolled as a student at the
1067	1067	institution who:
1068	1068	(1) is a registered nurse; and
1069	1069	(2) serves under a written preceptor agreement with an
1070	1070	undergraduate professional nursing program as a clinical preceptor
1071	1071	for students enrolled in the program.
1072	1072	(b-1) A person is entitled to an exemption under Subsection
1073	1073	(b) for one semester or other academic term for each semester or
1074	1074	other academic term during which the person serves as a clinical
1075	1075	preceptor as described by Subsection (b). The person may claim the
1076	1076	exemption in:
1077	1077	(1) the semester or other academic term in which the
1078	1078	person serves as a clinical preceptor; or
1079	1079	(2) a different semester or other academic term that
1080	1080	begins before the first anniversary of the last day of a semester or
1081	1081	other academic term described by Subdivision (1), if the person
1082	1082	does not claim the exemption in the semester or other term during
1083	1083	which the person serves as a clinical preceptor.
1084	1084	(c) The governing board of an institution of higher
1085	1085	education shall exempt from the payment of $500 of the total amount
1086	1086	of tuition a resident of this state enrolled as an undergraduate
1087	1087	student at the institution who is a child of a person who meets the
1088	1088	requirements of Subsection (b). The child is entitled to an
1089	1089	exemption for one semester or other academic term for each semester
1090	1090	or other academic term during which the parent serves as a clinical
1091	1091	preceptor. The child may claim the exemption in any semester or
1092	1092	other academic term during which the parent could have claimed an
1093	1093	exemption under Subsection (b). The child's eligibility for an
1094	1094	exemption is not affected by whether the parent also received an
1095	1095	exemption under Subsection (b) for the same qualifying service as a
1096	1096	clinical preceptor.
1097	1097	(d) Notwithstanding Subsections (b) and (c), if a person
1098	1098	eligible for an exemption under this section owes less than $500 in
1099	1099	tuition, the governing board of the institution of higher education
1100	1100	in which the person is enrolled shall exempt the person from the
1101	1101	payment of only the amount of tuition the person owes.
1102	1102	(e) A person is not eligible for an exemption under
1103	1103	Subsection (c) if the person:
1104	1104	(1) has previously received an exemption under this
1105	1105	section for 10 semesters or summer sessions at any institution or
1106	1106	institutions of higher education; or
1107	1107	(2) has received a baccalaureate degree.
1108	1108	(f) For purposes of Subsection (e), a summer session that is
1109	1109	less than nine weeks in duration is considered one-half of a summer
1110	1110	session.
1111	1111	(g) The Texas Higher Education Coordinating Board shall
1112	1112	adopt:
1113	1113	(1) rules governing the granting or denial of an
1114	1114	exemption under this section, including rules relating to the
1115	1115	determination of eligibility for an exemption; and
1116	1116	(2) a uniform application form for an exemption under
1117	1117	this section.
1118	1118	Sec. 54.361 [54.212]. ONE-YEAR EXEMPTION FOR CERTAIN TANF
1119	1119	STUDENTS. A student is exempt from the payment of tuition and fees
1120	1120	authorized by this chapter for the first academic year in which the
1121	1121	student enrolls at an institution of higher education if the
1122	1122	student:
1123	1123	(1) graduated from a public high school in this state;
1124	1124	(2) successfully completed the attendance
1125	1125	requirements under Section 25.085 [21.032];
1126	1126	(3) during the student's last year of public high
1127	1127	school in this state, was a dependent child receiving financial
1128	1128	assistance under Chapter 31, Human Resources Code, for not less
1129	1129	than six months;
1130	1130	(4) is younger than 22 years of age on the date of
1131	1131	enrollment;
1132	1132	(5) enrolls at the institution as an undergraduate
1133	1133	student not later than the second anniversary of the date of
1134	1134	graduation from a public high school in this state;
1135	1135	(6) has met the entrance examination requirements of
1136	1136	the institution before the date of enrollment; and
1137	1137	(7) is classified as a resident under Subchapter B.
1138	1138	Sec. 54.362 [54.213]. FUNDING OF EXEMPTIONS. (a) An
1139	1139	institution of higher education may fund tuition exemptions under
1140	1140	Section 54.361 [54.212] or 54.363 [54.214] from local funds or from
1141	1141	funds appropriated to the institution. An institution of higher
1142	1142	education is not required to provide tuition exemptions beyond
1143	1143	those funded through appropriations specifically designated for
1144	1144	this purpose.
1145	1145	(b) Savings to the foundation school fund that occur as a
1146	1146	result of the Early High School Graduation Scholarship program
1147	1147	created in Subchapter K, Chapter 56, and that are not required for
1148	1148	the funding of state credits for tuition and mandatory fees under
1149	1149	Section 56.204 or school district credits under Section 56.2075
1150	1150	shall be used first to provide tuition exemptions under Section
1151	1151	54.361 [54.212]. Any of those savings remaining after providing
1152	1152	tuition exemptions under Section 54.361 [54.212] shall be used to
1153	1153	provide tuition exemptions under Section 54.363 [54.214]. The
1154	1154	Texas Education Agency shall also accept and make available to
1155	1155	provide tuition exemptions under Section 54.363 [54.214] gifts,
1156	1156	grants, and donations made to the agency for that purpose. Payment
1157	1157	of funds under this subsection shall be made in the manner provided
1158	1158	by Section 56.207 for state credits under Subchapter K, Chapter 56.
1159	1159	Sec. 54.363 [54.214]. EDUCATIONAL AIDES. (a) In this
1160	1160	section, "coordinating board" means the Texas Higher Education
1161	1161	Coordinating Board.
1162	1162	(b) The governing board of an institution of higher
1163	1163	education shall exempt an eligible educational aide from the
1164	1164	payment of tuition and fees, other than class or laboratory fees.
1165	1165	(c) To be eligible for an exemption under this section, a
1166	1166	person must:
1167	1167	(1) be a resident of this state;
1168	1168	(2) be a school employee serving in any capacity;
1169	1169	(3) for the initial term or semester for which the
1170	1170	person receives an exemption under this section, have worked as an
1171	1171	educational aide for at least one school year during the five years
1172	1172	preceding that term or semester;
1173	1173	(4) establish financial need as determined by
1174	1174	coordinating board rule;
1175	1175	(5) be enrolled in courses required for teacher
1176	1176	certification at the institution of higher education granting the
1177	1177	exemption;
1178	1178	(6) maintain an acceptable grade point average as
1179	1179	determined by coordinating board rule; and
1180	1180	(7) comply with any other requirements adopted by the
1181	1181	coordinating board under this section.
1182	1182	(d) The institution of higher education at which a person
1183	1183	seeking an exemption under this section is enrolled must certify
1184	1184	the person's eligibility to receive the exemption. As soon as
1185	1185	practicable after receiving an application for certification, the
1186	1186	institution shall make the determination of eligibility and give
1187	1187	notice of its determination to the applicant and to the school
1188	1188	district employing the applicant as an educational aide.
1189	1189	(e) The coordinating board shall adopt rules consistent
1190	1190	with this section as necessary to implement this section. The
1191	1191	coordinating board shall distribute a copy of the rules adopted
1192	1192	under this section to each school district and institution of
1193	1193	higher education in this state.
1194	1194	(f) The board of trustees of a school district shall
1195	1195	establish a plan to encourage the hiring of educational aides who
1196	1196	show a willingness to become certified teachers.
1197	1197	(g) The governing board of an institution of higher
1198	1198	education that offers courses required for teacher certification
1199	1199	shall establish a plan to make those courses more accessible to
1200	1200	those who seek teacher certification. The board shall consider as
1201	1201	part of its plan to make those courses more accessible for teacher
1202	1202	certification, evening classes, Internet classes, or other means
1203	1203	approved by the Texas Higher Education Coordinating Board.
1204	1204	Sec. 54.364 [54.205]. BLIND, DEAF STUDENTS. (a) In this
1205	1205	section:
1206	1206	(1) "Resident" has the same meaning as is assigned it
1207	1207	in Subchapter B of this chapter.
1208	1208	(2) "Blind person" means a person who is a "blind
1209	1209	disabled individual" as defined in Section 91.051(5), Human
1210	1210	Resources Code.
1211	1211	(3) "Deaf person" means a person whose sense of
1212	1212	hearing is nonfunctional, after all necessary medical treatment,
1213	1213	surgery, and use of hearing aids, for understanding normal
1214	1214	conversation.
1215	1215	(4) "Tuition fees" includes all dues, fees, and
1216	1216	enrollment charges whatsoever for which exemptions may be lawfully
1217	1217	made, including fees for correspondence courses, general deposit
1218	1218	fees, and student services fees, but does not include fees or
1219	1219	charges for lodging, board, or clothing.
1220	1220	(5) "Institution of higher education" has the meaning
1221	1221	assigned by Section 61.003, except that the term includes the
1222	1222	Southwest Collegiate Institute for the Deaf.
1223	1223	(b) A deaf or blind person who is a resident is entitled to
1224	1224	exemption from the payment of tuition fees at any institution of
1225	1225	higher education utilizing public funds if the person [he]
1226	1226	presents:
1227	1227	(1) certification that the person [he] is a "blind
1228	1228	person" or a "deaf person" as defined in Subsection (a) [of this
1229	1229	section] by the Department of Assistive and Rehabilitative Services
1230	1230	[Texas Rehabilitation Commission, Texas Commission for the Blind,
1231	1231	or Texas Commission for the Deaf and Hard of Hearing, as
1232	1232	appropriate,] in a written statement, which certification is
1233	1233	considered conclusive;
1234	1234	(2) a written statement of purpose from the person
1235	1235	that indicates the certificate or degree program to be pursued or
1236	1236	the professional enhancement from the course of study for that
1237	1237	certificate or degree program;
1238	1238	(3) a high school diploma or its equivalent;
1239	1239	(4) a letter of recommendation from the principal of
1240	1240	the high school attended by the deaf or blind individual, a public
1241	1241	official, or some other responsible person who knows the deaf or
1242	1242	blind individual and is willing to serve as a reference; and
1243	1243	(5) proof that the person [he] meets all other
1244	1244	entrance requirements of the institution.
1245	1245	(c) The governing board of an institution may establish
1246	1246	special entrance requirements to fit the circumstances of deaf and
1247	1247	blind persons. The Department of Assistive and Rehabilitative
1248	1248	Services [Texas Rehabilitation Commission, the Texas Commission
1249	1249	for the Blind, the Texas Commission for the Deaf and Hard of
1250	1250	Hearing,] and the Texas Higher Education Coordinating Board may
1251	1251	develop any rules and procedures that these agencies determine
1252	1252	necessary for the efficient implementation of this section.
1253	1253	(d) For the purposes of this section, a person is required
1254	1254	to present certification that the person is a "blind person" or a
1255	1255	"deaf person" as required under Subsection (b)(1) [of this section]
1256	1256	at the time the person initially enrolls at an institution of higher
1257	1257	education in the course of study designated by the person under
1258	1258	Subsection (b)(2) [of this section]. The certification is valid
1259	1259	for each semester that the person enrolls at that institution in the
1260	1260	designated course of study.
1261	1261	(e) A person who qualifies for an exemption under this
1262	1262	section is entitled to the exemption for each course in which the
1263	1263	person enrolls at an institution of higher education.
1264	1264	Sec. 54.365 [54.210]. SENIOR CITIZENS; OPTIONAL BENEFIT.
1265	1265	(a) In this section, "senior citizen" means a person 65 years of
1266	1266	age or older.
1267	1267	(b) The governing board of a state-supported institution of
1268	1268	higher education may allow a senior citizen to audit any course
1269	1269	offered by the institution without the payment of a fee if space is
1270	1270	available.
1271	1271	(c) The governing board of an institution of higher
1272	1272	education may allow a senior citizen to enroll for credit in up to
1273	1273	six hours of courses offered by the institution each semester or
1274	1274	summer term without payment of tuition if space is available.
1275	1275	Sec. 54.366 [54.211]. EXEMPTIONS FOR STUDENTS UNDER
1276	1276	CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.
1277	1277	(a) A student is exempt from the payment of tuition and fees
1278	1278	authorized in this chapter, including tuition and fees charged by
1279	1279	an institution of higher education for a dual credit course or other
1280	1280	course for which a high school student may earn joint high school
1281	1281	and college credit, if the student:
1282	1282	(1) was under the conservatorship of the Department of
1283	1283	Family and Protective Services:
1284	1284	(A) on the day preceding the student's 18th
1285	1285	birthday;
1286	1286	(B) on or after the day of the student's 14th
1287	1287	birthday, if the student was also eligible for adoption on or after
1288	1288	that day;
1289	1289	(C) on the day the student graduated from high
1290	1290	school or received the equivalent of a high school diploma;
1291	1291	(D) on the day preceding:
1292	1292	(i) the date the student is adopted, if that
1293	1293	date is on or after September 1, 2009; or
1294	1294	(ii) the date permanent managing
1295	1295	conservatorship of the student is awarded to a person other than the
1296	1296	student's parent, if that date is on or after September 1, 2009; or
1297	1297	(E) [(D)] during an academic term in which the
1298	1298	student was enrolled in a dual credit course or other course for
1299	1299	which a high school student may earn joint high school and college
1300	1300	credit; and
1301	1301	(2) enrolls in an institution of higher education as
1302	1302	an undergraduate student or in a dual credit course or other course
1303	1303	for which a high school student may earn joint high school and
1304	1304	college credit not later than the student's 25th birthday.
1305	1305	(b) The Texas Education Agency and the Texas Higher
1306	1306	Education Coordinating Board shall develop outreach programs to
1307	1307	ensure that students in the conservatorship of the Department of
1308	1308	Family and Protective Services and in grades 9-12 are aware of the
1309	1309	availability of the exemption from the payment of tuition and fees
1310	1310	provided by this section.
1311	1311	Sec. 54.367 [54.2111]. EXEMPTIONS FOR ADOPTED STUDENTS
1312	1312	FORMERLY IN FOSTER OR OTHER RESIDENTIAL CARE. (a) A student is
1313	1313	exempt from the payment of tuition and fees authorized by this
1314	1314	chapter if the student:
1315	1315	(1) was adopted; and
1316	1316	(2) was the subject of an adoption assistance
1317	1317	agreement under Subchapter D, Chapter 162, Family Code, that:
1318	1318	(A) provided monthly payments and medical
1319	1319	assistance benefits; and
1320	1320	(B) was not limited to providing only for the
1321	1321	reimbursement of nonrecurring expenses, including reasonable and
1322	1322	necessary adoption fees, court costs, attorney's fees, and other
1323	1323	expenses directly related to the legal adoption of the child.
1324	1324	(b) The Texas Education Agency and the Texas Higher
1325	1325	Education Coordinating Board shall develop outreach programs to
1326	1326	ensure that adopted students in grades 9-12 formerly in foster or
1327	1327	other residential care are aware of the availability of the
1328	1328	exemption from the payment of tuition and fees provided by this
1329	1329	section.
1330	1330	Sec. 54.368 [54.224]. INTERINSTITUTIONAL ACADEMIC
1331	1331	PROGRAMS; OPTIONAL EXEMPTION. (a) In this section:
1332	1332	(1) "Interinstitutional academic program" means a
1333	1333	program under which a student may, in accordance with a written
1334	1334	agreement between an institution of higher education and one or
1335	1335	more other institutions of higher education or private or
1336	1336	independent institutions of higher education, take courses at each
1337	1337	institution that is a party to the agreement as necessary to fulfill
1338	1338	the program's degree or certificate requirements.
1339	1339	(2) "Private or independent institution of higher
1340	1340	education" has the meaning assigned by Section 61.003.
1341	1341	(b) Notwithstanding any other provision of this chapter,
1342	1342	the governing board of an institution of higher education may
1343	1343	exempt from the payment of tuition and required fees authorized by
1344	1344	this chapter a student who is taking a course, including an
1345	1345	interdisciplinary course, at the institution under an
1346	1346	interinstitutional academic program agreement but who is enrolled
1347	1347	primarily at another institution of higher education or at a
1348	1348	private or independent institution of higher education that is a
1349	1349	party to the agreement and to which the student is responsible for
1350	1350	the payment of tuition and fees.
1351	1351	SECTION 2. Subsection (c), Section 21.050, Education Code,
1352	1352	is amended to read as follows:
1353	1353	(c) A person who receives a bachelor's degree required for a
1354	1354	teaching certificate on the basis of higher education coursework
1355	1355	completed while receiving an exemption from tuition and fees under
1356	1356	Section 54.363 [54.214] may not be required to participate in any
1357	1357	field experience or internship consisting of student teaching to
1358	1358	receive a teaching certificate.
1359	1359	SECTION 3. Section 54.011, Education Code, is amended to
1360	1360	read as follows:
1361	1361	Sec. 54.011. TUITION LIMIT IN CASES OF CONCURRENT
1362	1362	ENROLLMENT. When a student registers at more than one public
1363	1363	institution of higher education at the same time, the student's
1364	1364	[his] tuition charges shall be determined in the following manner:
1365	1365	(1) The student shall pay the full tuition charge to
1366	1366	the first institution at which the student [he] is registered; and
1367	1367	in any event the student [he] shall pay an amount at least equal to
1368	1368	the minimum tuition specified in this code.
1369	1369	(2) If the minimum tuition specified in this code for
1370	1370	the first institution at which the student is registered is equal to
1371	1371	or greater than the minimum tuition specified in this code for the
1372	1372	second institution at which the student is registered concurrently,
1373	1373	the student shall not be required to pay the specified minimum
1374	1374	tuition charge to the second institution in addition to the tuition
1375	1375	charge paid to the first institution, but shall pay only the hourly
1376	1376	rates, as provided in this code, to the second institution.
1377	1377	(3) If the minimum tuition specified in this code for
1378	1378	the first institution at which the student is registered is less
1379	1379	than the specified minimum tuition charge at the second institution
1380	1380	(that is, if the second institution has a higher minimum tuition
1381	1381	charge specified in this code), then the student shall first
1382	1382	register at the institution having the lower minimum tuition and
1383	1383	shall pay to the second institution only the amount equal to the
1384	1384	difference between the student's [his] total tuition charge at the
1385	1385	second institution and the student's [his] total tuition charge at
1386	1386	the first institution, but in no case shall the student pay to the
1387	1387	second institution less than the hourly rates as provided in this
1388	1388	code.
1389	1389	(4) If a student is considered to be a Texas resident
1390	1390	and therefore qualified to pay Texas resident tuition rates by one
1391	1391	institution at which the student [he] is registered, the [that]
1392	1392	student shall be considered a Texas resident at each of the
1393	1393	institutions at which the student [he] is concurrently registered
1394	1394	for the purposes of determining the proper tuition charges.
1395	1395	Nothing in this subdivision shall be so construed as to allow a
1396	1396	nonresident to pay resident tuition except at institutions covered
1397	1397	by Section 54.231 [54.060 of this code].
1398	1398	SECTION 4. Subsection (c), Section 54.545, Education Code,
1399	1399	is amended to read as follows:
1400	1400	(c) Subchapters B and D do not apply to a fee charged under
1401	1401	this section, except to a fee for a correspondence course taken by a
1402	1402	student who would qualify for an exemption from tuition under
1403	1403	Section 54.341 [54.203] if the correspondence course applies
1404	1404	towards the student's degree plan. The governing board of an
1405	1405	institution of higher education may grant an exemption provided by
1406	1406	Section 54.341 [54.203] for continuing education courses.
1407	1407	SECTION 5. Section 56.455, Education Code, is amended to
1408	1408	read as follows:
1409	1409	Sec. 56.455. INITIAL ELIGIBILITY FOR LOAN. To be eligible
1410	1410	initially for a Texas B-On-time loan, a person must:
1411	1411	(1) be a resident of this state under Section 54.052 or
1412	1412	be entitled, as a child of a member of the armed forces of the United
1413	1413	States, to pay tuition at the rate provided for residents of this
1414	1414	state under Section 54.241 [54.058];
1415	1415	(2) meet one of the following academic requirements:
1416	1416	(A) be a graduate of a public or private high
1417	1417	school in this state who graduated not earlier than the 2002-2003
1418	1418	school year under the recommended or advanced high school program
1419	1419	established under Section 28.025(a) or its equivalent;
1420	1420	(B) be a graduate of a high school operated by the
1421	1421	United States Department of Defense who:
1422	1422	(i) graduated from that school not earlier
1423	1423	than the 2002-2003 school year; and
1424	1424	(ii) at the time of graduation from that
1425	1425	school was a dependent child of a member of the armed forces of the
1426	1426	United States; or
1427	1427	(C) have received an associate degree from an
1428	1428	eligible institution not earlier than May 1, 2005;
1429	1429	(3) be enrolled for a full course load for an
1430	1430	undergraduate student, as determined by the coordinating board, in
1431	1431	an undergraduate degree or certificate program at an eligible
1432	1432	institution;
1433	1433	(4) be eligible for federal financial aid, except that
1434	1434	a person is not required to meet any financial need requirement
1435	1435	applicable to a particular federal financial aid program; and
1436	1436	(5) comply with any additional nonacademic
1437	1437	requirement adopted by the coordinating board under this
1438	1438	subchapter.
1439	1439	SECTION 6. Section 61.0516, Education Code, is amended to
1440	1440	read as follows:
1441	1441	Sec. 61.0516. ELECTRONIC SYSTEM TO MONITOR TUITION
1442	1442	EXEMPTIONS FOR VETERANS AND DEPENDENTS. The board shall develop a
1443	1443	system to electronically monitor the use of tuition exemptions
1444	1444	under Section 54.341 [54.203]. The system must allow the board to
1445	1445	electronically receive, for each semester, the following
1446	1446	information from institutions of higher education:
1447	1447	(1) the name of the institution;
1448	1448	(2) the name, identification number, and date of birth
1449	1449	of each individual attending the institution and receiving benefits
1450	1450	for the semester under Section 54.341 [54.203];
1451	1451	(3) for each individual receiving benefits, the number
1452	1452	of credit hours for which the individual received an exemption for
1453	1453	the semester;
1454	1454	(4) for each individual receiving benefits at the
1455	1455	institution during the semester, the total cumulative number of
1456	1456	credit hours for which the individual has received an exemption at
1457	1457	the institution; and
1458	1458	(5) any other information required by the board.
1459	1459	SECTION 7. Section 61.073, Education Code, is amended to
1460	1460	read as follows:
1461	1461	Sec. 61.073. ALLOCATION OF FUNDS FOR TUITION AND FEE
1462	1462	EXEMPTIONS. Funds shall be appropriated to the board [Texas Higher
1463	1463	Education Coordinating Board] for allocation to each junior [and
1464	1464	community] college in an amount equal to the total of all tuition
1465	1465	and [laboratory] fees forgone [foregone] each semester as a result
1466	1466	of the tuition and [laboratory] fee exemptions required by law in
1467	1467	Sections 54.301, 54.331, 54.341, 54.343, 54.351, 54.352, 54.353,
1468	1468	54.3531, and 54.364 [54.201 through 54.209, Texas Education Code].
1469	1469	SECTION 8. Subdivision (2), Section 61.9751, Education
1470	1470	Code, is amended to read as follows:
1471	1471	(2) "Nursing education program" means an
1472	1472	undergraduate professional nursing program or a graduate
1473	1473	professional nursing program as those terms are defined by Section
1474	1474	54.355 [54.221].
1475	1475	SECTION 9. Subsection (c), Section 76.07, Education Code,
1476	1476	is amended to read as follows:
1477	1477	(c) A nonresident student who is simultaneously enrolled in
1478	1478	the institution and another public institution of higher education
1479	1479	under a program offered jointly by the two institutions under a
1480	1480	partnership agreement and who pays the fees and charges required of
1481	1481	Texas residents at one of the institutions as provided by Section
1482	1482	54.213 [54.064] because the student holds a competitive scholarship
1483	1483	is entitled to pay the fees and charges required of Texas residents
1484	1484	at each public institution of higher education in which the student
1485	1485	is simultaneously enrolled under the program.
1486	1486	SECTION 10. Subsection (a), Section 131.005, Education
1487	1487	Code, is amended to read as follows:
1488	1488	(a) A Texas resident student enrolled in the institute is
1489	1489	exempt from tuition fees under Section 54.364 [54.205 of this
1490	1490	code].
1491	1491	SECTION 11. Subsection (i), Section 162.304, Family Code,
1492	1492	is amended to read as follows:
1493	1493	(i) A child for whom a subsidy is provided under Subsection
1494	1494	(b-1) for premiums for health benefits coverage and who does not
1495	1495	receive any other subsidy under this section is not considered to be
1496	1496	the subject of an adoption assistance agreement for any other
1497	1497	purpose, including for determining eligibility for the exemption
1498	1498	from payment of tuition and fees for higher education under Section
1499	1499	54.367 [54.2111], Education Code.
1500	1500	SECTION 12. Subsection (i), Section 431.090, Government
1501	1501	Code, is amended to read as follows:
1502	1502	(i) From money appropriated for purposes of this section,
1503	1503	the adjutant general shall authorize the comptroller to reimburse
1504	1504	an institution of higher education in an amount equal to the amount
1505	1505	of the exemption from tuition and mandatory fees the institution
1506	1506	grants to a person under Section 54.345 [54.2155], Education Code.
1507	1507	SECTION 13. Subsection (b), Section 434.0072, Government
1508	1508	Code, is amended to read as follows:
1509	1509	(b) The commission shall establish a program to issue
1510	1510	vouchers to be exchanged for an exemption from the payment of
1511	1511	tuition and required fees at an institution of higher education as
1512	1512	provided by Section 54.344 [54.215], Education Code, to students in
1513	1513	grades 6 through 12 or at postsecondary educational institutions
1514	1514	who sound "Taps" on a bugle, trumpet, or cornet during military
1515	1515	honors funerals held in this state for deceased veterans. A voucher
1516	1516	must be issued in the amount of $25 for each time a student sounds
1517	1517	"Taps" as described by this subsection.
1518	1518	SECTION 14. Subsection (a), Section 824.602, Government
1519	1519	Code, as amended by Chapters 674 (S.B. 132) and 1359 (S.B. 1691),
1520	1520	Acts of the 79th Legislature, Regular Session, 2005, is reenacted
1521	1521	and amended to read as follows:
1522	1522	(a) Subject to Section 825.506, the retirement system may
1523	1523	not, under Section 824.601, withhold a monthly benefit payment if
1524	1524	the retiree is employed in a Texas public educational institution:
1525	1525	(1) as a substitute only with pay not more than the
1526	1526	daily rate of substitute pay established by the employer and, if the
1527	1527	retiree is a disability retiree, the employment has not exceeded a
1528	1528	total of 90 days in the school year;
1529	1529	(2) in a position, other than as a substitute, on no
1530	1530	more than a one-half time basis for the month;
1531	1531	(3) in one or more positions on as much as a full-time
1532	1532	basis, if the work occurs in not more than six months of a school
1533	1533	year that begins after the retiree's effective date of retirement;
1534	1534	(4) in a position, other than as a substitute, on no
1535	1535	more than a one-half time basis for no more than 90 days in the
1536	1536	school year, if the retiree is a disability retiree;
1537	1537	(5) in a position as a classroom teacher on as much as
1538	1538	a full-time basis, if the retiree has retired under Section
1539	1539	824.202(a) or (a-1), is certified under Subchapter B, Chapter 21,
1540	1540	Education Code, to teach the subjects assigned, is teaching in an
1541	1541	acute shortage area as determined by the board of trustees of a
1542	1542	school district as provided by Subsection (m), and has been
1543	1543	separated from service with all public schools for at least 12
1544	1544	months;
1545	1545	(6) in a position as a principal, including as an
1546	1546	assistant principal, on as much as a full-time basis, if the retiree
1547	1547	has retired under Section 824.202(a) or (a-1) without reduction for
1548	1548	retirement at an early age, is certified under Subchapter B,
1549	1549	Chapter 21, Education Code, to serve as a principal, and has been
1550	1550	separated from service with all public schools for at least 12
1551	1551	months;
1552	1552	(7) as a bus driver for a school district on as much as
1553	1553	a full-time basis, if the retiree has retired under Section
1554	1554	824.202(a) or (a-1), and the retiree's primary employment is as a
1555	1555	bus driver; or
1556	1556	(8) as a faculty member, during the period beginning
1557	1557	with the 2005 fall semester and ending on the last day of the 2015
1558	1558	spring semester, in an undergraduate professional nursing program
1559	1559	or graduate professional nursing program, as defined by Section
1560	1560	54.355 [54.221], Education Code, and if the retiree has been
1561	1561	separated from service with all public schools for at least 12
1562	1562	months.
1563	1563	SECTION 15. Subdivision (1-b), Subsection (a), Section
1564	1564	2306.562, Government Code, is amended to read as follows:
1565	1565	(1-b) "Graduate professional nursing program" and
1566	1566	"undergraduate professional nursing program" have the meanings
1567	1567	assigned by Section 54.355 [54.221], Education Code.
1568	1568	SECTION 16. The following provisions of the Education Code
1569	1569	are repealed:
1570	1570	(1) Subsection (d), Section 54.0513;
1571	1571	(2) Subsection (e), Section 54.503;
1572	1572	(3) Subsection (d), Section 65.45; and
1573	1573	(4) Subsection (c), Section 160.07.
1574	1574	SECTION 17. (a) Section 54.208, Education Code, as amended
1575	1575	by Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347), Acts of the 81st
1576	1576	Legislature, Regular Session, 2009, is repealed.
1577	1577	(b) Subchapter D, Chapter 54, Education Code, is amended by
1578	1578	adding Sections 54.353 and 54.3531 to read as follows:
1579	1579	Sec. 54.353. FIREFIGHTERS AND PEACE OFFICERS ENROLLED IN
1580	1580	CERTAIN COURSES. (a) The governing board of an institution of
1581	1581	higher education shall exempt from the payment of tuition and
1582	1582	laboratory fees a student who is employed as a firefighter by a
1583	1583	political subdivision of this state and who enrolls in a course or
1584	1584	courses offered as part of a fire science curriculum.
1585	1585	(b) The governing board of an institution of higher
1586	1586	education shall exempt from the payment of tuition and laboratory
1587	1587	fees charged by the institution for a criminal justice or law
1588	1588	enforcement course or courses an undergraduate student who:
1589	1589	(1) is employed as a peace officer by this state or by
1590	1590	a political subdivision of this state;
1591	1591	(2) is enrolled in a criminal justice or law
1592	1592	enforcement-related degree program at the institution;
1593	1593	(3) is making satisfactory academic progress toward
1594	1594	the student's degree as determined by the institution; and
1595	1595	(4) applies for the exemption at least one week before
1596	1596	the last date of the institution's regular registration period for
1597	1597	the applicable semester or other term.
1598	1598	(c) Notwithstanding Subsection (b), a student may not
1599	1599	receive an exemption under that subsection for any course if the
1600	1600	student has previously attempted a number of semester credit hours
1601	1601	for courses taken at any institution of higher education while
1602	1602	classified as a resident student for tuition purposes in excess of
1603	1603	the maximum number of those hours specified by Section 61.0595(a)
1604	1604	as eligible for funding under the formulas established under
1605	1605	Section 61.059.
1606	1606	(d) Notwithstanding Subsection (b), the governing board of
1607	1607	an institution of higher education may not provide exemptions under
1608	1608	that subsection to students enrolled in a specific class in a number
1609	1609	that exceeds 20 percent of the maximum student enrollment
1610	1610	designated by the institution for that class.
1611	1611	(e) An exemption provided under this section does not apply
1612	1612	to deposits that may be required in the nature of security for the
1613	1613	return or proper care of property loaned for the use of students.
1614	1614	(f) The coordinating board shall adopt:
1615	1615	(1) rules governing the granting or denial of an
1616	1616	exemption under this section, including rules relating to the
1617	1617	determination of a student's eligibility for an exemption; and
1618	1618	(2) a uniform listing of degree programs covered by
1619	1619	the exemption under this section.
1620	1620	(g) If the legislature does not specifically appropriate
1621	1621	funds to an institution of higher education in an amount sufficient
1622	1622	to pay the institution's costs in complying with this section for a
1623	1623	semester, the governing board of the institution of higher
1624	1624	education shall report to the Senate Finance Committee and the
1625	1625	House Appropriations Committee the cost to the institution of
1626	1626	complying with this section for that semester.
1627	1627	Sec. 54.3531. FIREFIGHTERS ENROLLED IN FIRE SCIENCE
1628	1628	COURSES. (a) The governing board of an institution of higher
1629	1629	education shall exempt from the payment of tuition and laboratory
1630	1630	fees any student enrolled in one or more courses offered as part of
1631	1631	a fire science curriculum who:
1632	1632	(1) is employed as a firefighter by a political
1633	1633	subdivision of this state; or
1634	1634	(2) is currently, and has been for at least one year,
1635	1635	an active member of an organized volunteer fire department in this
1636	1636	state, as defined by the fire fighters' pension commissioner, who
1637	1637	holds:
1638	1638	(A) an Accredited Advanced level of
1639	1639	certification, or an equivalent successor certification, under the
1640	1640	State Firemen's and Fire Marshals' Association of Texas volunteer
1641	1641	certification program; or
1642	1642	(B) Phase V (Firefighter II) certification, or an
1643	1643	equivalent successor certification, under the Texas Commission on
1644	1644	Fire Protection's voluntary certification program under Section
1645	1645	419.071, Government Code.
1646	1646	(b) An exemption provided under this section does not apply
1647	1647	to deposits that may be required in the nature of security for the
1648	1648	return or proper care of property loaned for the use of students.
1649	1649	(c) Notwithstanding Subsection (a), a student who for a
1650	1650	semester or term at an institution of higher education receives an
1651	1651	exemption under this section may continue to receive the exemption
1652	1652	for a subsequent semester or term at any institution only if the
1653	1653	student makes satisfactory academic progress toward a degree or
1654	1654	certificate at that institution as determined by the institution
1655	1655	for purposes of financial aid.
1656	1656	(d) Notwithstanding Subsection (a), the exemption provided
1657	1657	under this section does not apply to any amount of additional
1658	1658	tuition the institution elects to charge a resident undergraduate
1659	1659	student under Section 54.014(a) or (f).
1660	1660	(e) Notwithstanding Subsection (a), the exemption provided
1661	1661	under this section does not apply to any amount of tuition the
1662	1662	institution charges a graduate student in excess of the amount of
1663	1663	tuition charged to similarly situated graduate students because the
1664	1664	student has a number of semester credit hours of doctoral work in
1665	1665	excess of the applicable number provided by Section 61.059(l)(1) or
1666	1666	(2).
1667	1667	(f) The coordinating board shall adopt:
1668	1668	(1) rules governing the granting or denial of an
1669	1669	exemption under this section, including rules relating to the
1670	1670	determination of a student's eligibility for an exemption; and
1671	1671	(2) a uniform listing of degree programs covered by
1672	1672	the exemption under this section.
1673	1673	SECTION 18. The changes in law made by this Act apply
1674	1674	beginning with tuition and other fees charged for the 2012-2013
1675	1675	academic year. Tuition and other fees charged for an academic
1676	1676	period before that academic year are covered by the law in effect
1677	1677	immediately before the effective date of this Act, and the former
1678	1678	law is continued in effect for that purpose.
1679	1679	SECTION 19. This Act takes effect January 1, 2012.