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Texas House Bill HB3544

Texas 2013 - 83rd Regular

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11 83R25129 JRJ-F
22 By: Menendez H.B. No. 3544
33 Substitute the following for H.B. No. 3544:
44 By: Farias C.S.H.B. No. 3544
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to higher education for veterans and their families.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 54.341, Education Code, is amended by
1212 amending Subsections (d), (h), (i), (k), and (n) and adding
1313 Subsection (o) to read as follows:
1414 (d) The governing board of each institution of higher
1515 education granting an exemption under this section shall require
1616 each applicant claiming the exemption to submit to the institution,
1717 in the form and manner prescribed by the Texas Veterans Commission
1818 for purposes of this section under Section 434.0079(b), Government
1919 Code, an application for the exemption and necessary [satisfactory]
2020 evidence that the applicant qualifies for the exemption not later
2121 than one year after the earlier of the date the institution:
2222 (1) provides written notice to the applicant of the
2323 applicant's eligibility for the exemption; or
2424 (2) receives a written acknowledgement from the
2525 applicant evidencing the applicant's awareness of the applicant's
2626 eligibility for the exemption.
2727 (h) The governing board of each institution of higher
2828 education shall electronically report to the Texas Veterans
2929 Commission [Higher Education Coordinating Board] the information
3030 required by Section 434.00791, Government Code, [61.0516] relating
3131 to each individual receiving an exemption from fees and charges
3232 under Subsection (a), (a-2), or (b). The institution shall report
3333 the information not later than December 31 of each year for the fall
3434 semester, May 31 of each year for the spring semester, and September
3535 30 of each year for the summer session.
3636 (i) The Texas Veterans Commission [Texas Higher Education
3737 Coordinating Board] may adopt rules to provide for the efficient
3838 and uniform application of this section. In developing rules under
3939 this subsection, the commission shall consult with the Texas Higher
4040 Education Coordinating Board and institutions of higher education.
4141 (k) The Texas Veterans Commission [Higher Education
4242 Coordinating Board] by rule shall prescribe procedures to allow:
4343 (1) a person who becomes eligible for an exemption
4444 provided by Subsection (a) to waive the person's right to any unused
4545 portion of the maximum number of cumulative credit hours for which
4646 the person could receive the exemption and assign the exemption for
4747 the unused portion of those credit hours to a child of the person;
4848 and
4949 (2) following the death of a person who becomes
5050 eligible for an exemption provided by Subsection (a), the
5151 assignment of the exemption for the unused portion of the credit
5252 hours to a child of the person, to be made by the person's spouse or
5353 by the conservator, guardian, custodian, or other legally
5454 designated caretaker of the child, if the child does not otherwise
5555 qualify for an exemption under Subsection (b).
5656 (n) The Texas Veterans Commission [Higher Education
5757 Coordinating Board] by rule shall prescribe procedures by which a
5858 child assigned an exemption under Subsection (k) who suffered from
5959 a severe illness or other debilitating condition that affected the
6060 child's ability to use the exemption before reaching the age
6161 described by Subsection (m) may be granted additional time to use
6262 the exemption corresponding to the time the child was unable to use
6363 the exemption because of the illness or condition.
6464 (o) The Texas Higher Education Coordinating Board and the
6565 Texas Veterans Commission shall coordinate to provide each
6666 respective agency with any information required to ensure the
6767 proper administration of this section and the proper execution of
6868 each agency's statutory responsibilities concerning this section.
6969 SECTION 2. Subchapter A, Chapter 434, Government Code, is
7070 amended by adding Section 434.0079 to read as follows:
7171 Sec. 434.0079. DUTIES REGARDING CERTAIN TUITION AND FEE
7272 EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS. (a) The commission,
7373 through its veteran education program, shall assist veterans and
7474 their family members in claiming and qualifying for exemptions from
7575 the payment of tuition and fees at institutions of higher education
7676 under Section 54.341, Education Code.
7777 (b) The commission shall establish the application and
7878 necessary evidence requirements for a person to claim an exemption
7979 under Section 54.341, Education Code, at an institution of higher
8080 education.
8181 SECTION 3. Section 61.0516, Education Code, is transferred
8282 to Subchapter A, Chapter 434, Government Code, redesignated as
8383 Section 434.00791, Government Code, and amended to read as follows:
8484 Sec. 434.00791 [61.0516]. ELECTRONIC SYSTEM TO MONITOR
8585 TUITION EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS [DEPENDENTS].
8686 (a) In this section, "institution of higher education" has the
8787 meaning assigned by Section 61.003, Education Code.
8888 (b) The commission [board] shall ensure [develop] a system
8989 to electronically monitor the use of tuition and fee exemptions at
9090 institutions of higher education under Section 54.341, Education
9191 Code, is developed. The system must allow the commission [board] to
9292 electronically receive, for each semester, the following
9393 information from institutions of higher education:
9494 (1) the name of the institution;
9595 (2) the name, identification number, and date of birth
9696 of each individual attending the institution and receiving benefits
9797 for the semester under Section 54.341, Education Code;
9898 (3) for each individual receiving benefits, the number
9999 of credit hours for which the individual received an exemption for
100100 the semester;
101101 (4) for each individual receiving benefits at the
102102 institution during the semester, the total cumulative number of
103103 credit hours for which the individual has received an exemption at
104104 the institution; and
105105 (5) any other information required by the commission
106106 [board].
107107 (c) Not later than January 1, 2014, the Texas Higher
108108 Education Coordinating Board shall provide to the commission the
109109 system, or access to the system, developed by the coordinating
110110 board that meets the requirements of this section. This subsection
111111 expires September 1, 2015.
112112 SECTION 4. Chapter 434, Government Code, is amended by
113113 adding Subchapters F and G to read as follows:
114114 SUBCHAPTER F. VETERAN EDUCATION EXCELLENCE RECOGNITION AWARD
115115 NETWORK
116116 Sec. 434.251. DEFINITIONS. In this subchapter:
117117 (1) "Commission" means the Texas Veterans Commission.
118118 (2) "Institution of higher education" has the meaning
119119 assigned by Section 61.003, Education Code.
120120 Sec. 434.252. VETERAN EDUCATION EXCELLENCE RECOGNITION
121121 AWARD NETWORK. (a) The commission by rule shall establish an award
122122 program under which institutions of higher education may receive
123123 recognition from the commission for excellence in providing
124124 education and related services to veterans.
125125 (b) For purposes of receiving an award under Subsection (a),
126126 the commission shall evaluate an institution of higher education
127127 regarding, as applicable, the existence and quality at the
128128 institution of:
129129 (1) an advisory board of students who are veterans to
130130 advise the institution's governing board on issues affecting the
131131 institution's students who are veterans;
132132 (2) a centralized place for students who are veterans
133133 to meet or find assistance and information;
134134 (3) an institution employee who serves as a central
135135 point of contact for students who are veterans;
136136 (4) a United States Department of Veterans Affairs
137137 work-study program;
138138 (5) admissions and enrollment policies specifically
139139 designed for veterans;
140140 (6) new student orientation and courses specifically
141141 designed for veterans;
142142 (7) a student organization for veterans;
143143 (8) academic support services specifically for
144144 students who are veterans;
145145 (9) mental health and disability services;
146146 (10) a housing policy that applies specifically to
147147 veterans;
148148 (11) faculty and staff training on issues affecting
149149 students who are veterans;
150150 (12) career services specifically designed for
151151 students who are veterans; and
152152 (13) any other criteria considered necessary or
153153 appropriate by the commission.
154154 Sec. 434.253. RULEMAKING AUTHORITY. The commission may
155155 adopt rules as necessary to administer this subchapter. In
156156 developing rules under this section, the commission shall consult
157157 with the Texas Higher Education Coordinating Board and institutions
158158 of higher education.
159159 SUBCHAPTER G. REGIONAL VETERANS EDUCATION COUNSELORS PROGRAM
160160 Sec. 434.301. DEFINITIONS. In this subchapter:
161161 (1) "Commission" means the Texas Veterans Commission.
162162 (2) "Higher education regions" means the higher
163163 education regions in this state established by the Texas Higher
164164 Education Coordinating Board as specified under Section 434.304.
165165 (3) "Institution of higher education" has the meaning
166166 assigned by Section 61.003, Education Code.
167167 Sec. 434.302. REGIONAL VETERANS EDUCATION COUNSELORS. The
168168 commission shall employ regional veterans education counselors. A
169169 regional veterans education counselor shall:
170170 (1) visit the institutions of higher education located
171171 in each higher education region served by the veterans education
172172 counselor;
173173 (2) work with those institutions of higher education
174174 and any existing veterans programs at those institutions to:
175175 (A) create a hospitable and supportive
176176 environment for veterans;
177177 (B) enhance awareness of and encourage
178178 participation in veterans educational programs and commission
179179 programs providing other services to veterans, including
180180 employment and claims assistance services;
181181 (C) develop programs providing ancillary
182182 assistance to veterans based on the unique needs of veterans and
183183 their family members;
184184 (D) ensure that veterans successfully complete
185185 their education; and
186186 (E) promote the establishment of a student
187187 veterans group on each campus in the higher education region;
188188 (3) work with local, state, and national veterans
189189 groups, including the Veterans of Foreign Wars and the American
190190 Legion, to promote educational opportunities and benefits to the
191191 veteran population in the higher education region;
192192 (4) work with local workforce development boards to:
193193 (A) ensure that the regional veterans education
194194 counselors are aware of available nontraditional educational
195195 opportunities, including on-the-job training programs and
196196 apprenticeships; and
197197 (B) advise employers in the higher education
198198 region of potential opportunities to create on-the-job training
199199 programs for veterans;
200200 (5) work with education services officers at military
201201 installations to encourage active duty members of the armed forces
202202 of the United States and veterans to use federal and state
203203 educational benefits;
204204 (6) create and manage publicity campaigns in concert
205205 with the commission and institutions of higher education in the
206206 higher education region to promote the use of education benefits
207207 under the federal Post-9/11 Veterans Educational Assistance Act of
208208 2008 (38 U.S.C. Section 3301 et seq.), the tuition exemption
209209 program for veterans and their family members under Section 54.341,
210210 Education Code, and any other education benefit for veterans or
211211 their family members under federal or state law;
212212 (7) support programs to assist students who are combat
213213 veterans in readjusting and reintegrating into a noncombat
214214 environment;
215215 (8) maintain statistical information regarding
216216 demographics of veterans assisted, application success, program
217217 completion rates, dropout rates, and reasons for success or
218218 failure, as appropriate; and
219219 (9) perform other activities, as assigned by the
220220 commission, to enhance the educational opportunities of veterans
221221 and their family members in the higher education region and
222222 throughout this state.
223223 Sec. 434.303. PROGRAM MANAGER. The commission shall employ
224224 a program manager to administer the regional veterans education
225225 counselors program. The program manager shall:
226226 (1) provide leadership, training, support, and
227227 overall management of the regional veterans education counselors;
228228 (2) using data provided by the Texas Higher Education
229229 Coordinating Board, produce an annual report on veterans'
230230 attendance at institutions of higher education; and
231231 (3) perform any other task required by the commission.
232232 Sec. 434.304. ASSIGNMENT OF REGIONAL VETERANS EDUCATION
233233 COUNSELORS. The commission shall assign regional veterans
234234 education counselors throughout this state with at least one
235235 counselor assigned responsibility for serving not more than two of
236236 the following higher education regions:
237237 (1) High Plains Region;
238238 (2) Northwest Texas Region;
239239 (3) Metroplex Region;
240240 (4) Upper East Texas Region;
241241 (5) Southeast Texas Region;
242242 (6) Gulf Coast Region;
243243 (7) Central Texas Region;
244244 (8) South Texas Region;
245245 (9) West Texas Region; and
246246 (10) Upper Rio Grande Region.
247247 Sec. 434.305. SUPPORT FROM INSTITUTIONS OF HIGHER
248248 EDUCATION. Each institution of higher education shall cooperate
249249 with the commission to provide information, as permitted by law,
250250 related to student veterans at the institution, provide access to
251251 veteran resource centers or other student meeting areas, and
252252 otherwise support the work of regional veterans education
253253 counselors.
254254 Sec. 434.306. RULEMAKING AUTHORITY. The commission may
255255 adopt rules to implement this subchapter. In developing rules
256256 under this section, the commission shall consult with the Texas
257257 Higher Education Coordinating Board and institutions of higher
258258 education.
259259 SECTION 5. Section 9.01(b)(4), Chapter 1049 (S.B. 5), Acts
260260 of the 82nd Legislature, Regular Session, 2011, which would repeal
261261 Section 54.203(h), Education Code, effective September 1, 2013, is
262262 repealed and does not take effect, and Section 54.341(h), Education
263263 Code, which was redesignated from Section 54.203(h), Education
264264 Code, by Chapter 359 (S.B. 32), Acts of the 82nd Legislature,
265265 Regular Session, 2011, remains in effect as amended by this Act.
266266 SECTION 6. The changes in law made by this Act to Section
267267 54.341, Education Code, apply beginning with tuition and fees for
268268 the 2014 fall semester. Tuition and fees for a term or semester
269269 before the 2014 fall semester are covered by the law in effect
270270 immediately before the effective date of this Act, and the former
271271 law is continued in effect for that purpose.
272272 SECTION 7. As soon as practicable after the effective date
273273 of this Act, the Texas Veterans Commission shall employ the
274274 regional veterans education counselors and a program manager as
275275 required by Subchapter G, Chapter 434, Government Code, as added by
276276 this Act.
277277 SECTION 8. This Act takes effect immediately if it receives
278278 a vote of two-thirds of all the members elected to each house, as
279279 provided by Section 39, Article III, Texas Constitution. If this
280280 Act does not receive the vote necessary for immediate effect, this
281281 Act takes effect on the 91st day after the last day of the
282282 legislative session.