83R25129 JRJ-F
By: Menendez H.B. No. 3544
Substitute the following for H.B. No. 3544:
By: Farias C.S.H.B. No. 3544
A BILL TO BE ENTITLED
AN ACT
relating to higher education for veterans and their families.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.341, Education Code, is amended by
amending Subsections (d), (h), (i), (k), and (n) and adding
Subsection (o) to read as follows:
(d) The governing board of each institution of higher
education granting an exemption under this section shall require
each applicant claiming the exemption to submit to the institution,
in the form and manner prescribed by the Texas Veterans Commission
for purposes of this section under Section 434.0079(b), Government
Code, an application for the exemption and necessary [satisfactory]
evidence that the applicant qualifies for the exemption not later
than one year after the earlier of the date the institution:
(1) provides written notice to the applicant of the
applicant's eligibility for the exemption; or
(2) receives a written acknowledgement from the
applicant evidencing the applicant's awareness of the applicant's
eligibility for the exemption.
(h) The governing board of each institution of higher
education shall electronically report to the Texas Veterans
Commission [Higher Education Coordinating Board] the information
required by Section 434.00791, Government Code, [61.0516] relating
to each individual receiving an exemption from fees and charges
under Subsection (a), (a-2), or (b). The institution shall report
the information not later than December 31 of each year for the fall
semester, May 31 of each year for the spring semester, and September
30 of each year for the summer session.
(i) The Texas Veterans Commission [Texas Higher Education
Coordinating Board] may adopt rules to provide for the efficient
and uniform application of this section. In developing rules under
this subsection, the commission shall consult with the Texas Higher
Education Coordinating Board and institutions of higher education.
(k) The Texas Veterans Commission [Higher Education
Coordinating Board] by rule shall prescribe procedures to allow:
(1) a person who becomes eligible for an exemption
provided by Subsection (a) to waive the person's right to any unused
portion of the maximum number of cumulative credit hours for which
the person could receive the exemption and assign the exemption for
the unused portion of those credit hours to a child of the person;
and
(2) following the death of a person who becomes
eligible for an exemption provided by Subsection (a), the
assignment of the exemption for the unused portion of the credit
hours to a child of the person, to be made by the person's spouse or
by the conservator, guardian, custodian, or other legally
designated caretaker of the child, if the child does not otherwise
qualify for an exemption under Subsection (b).
(n) The Texas Veterans Commission [Higher Education
Coordinating Board] by rule shall prescribe procedures by which a
child assigned an exemption under Subsection (k) who suffered from
a severe illness or other debilitating condition that affected the
child's ability to use the exemption before reaching the age
described by Subsection (m) may be granted additional time to use
the exemption corresponding to the time the child was unable to use
the exemption because of the illness or condition.
(o) The Texas Higher Education Coordinating Board and the
Texas Veterans Commission shall coordinate to provide each
respective agency with any information required to ensure the
proper administration of this section and the proper execution of
each agency's statutory responsibilities concerning this section.
SECTION 2. Subchapter A, Chapter 434, Government Code, is
amended by adding Section 434.0079 to read as follows:
Sec. 434.0079. DUTIES REGARDING CERTAIN TUITION AND FEE
EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS. (a) The commission,
through its veteran education program, shall assist veterans and
their family members in claiming and qualifying for exemptions from
the payment of tuition and fees at institutions of higher education
under Section 54.341, Education Code.
(b) The commission shall establish the application and
necessary evidence requirements for a person to claim an exemption
under Section 54.341, Education Code, at an institution of higher
education.
SECTION 3. Section 61.0516, Education Code, is transferred
to Subchapter A, Chapter 434, Government Code, redesignated as
Section 434.00791, Government Code, and amended to read as follows:
Sec. 434.00791 [61.0516]. ELECTRONIC SYSTEM TO MONITOR
TUITION EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS [DEPENDENTS].
(a) In this section, "institution of higher education" has the
meaning assigned by Section 61.003, Education Code.
(b) The commission [board] shall ensure [develop] a system
to electronically monitor the use of tuition and fee exemptions at
institutions of higher education under Section 54.341, Education
Code, is developed. The system must allow the commission [board] to
electronically receive, for each semester, the following
information from institutions of higher education:
(1) the name of the institution;
(2) the name, identification number, and date of birth
of each individual attending the institution and receiving benefits
for the semester under Section 54.341, Education Code;
(3) for each individual receiving benefits, the number
of credit hours for which the individual received an exemption for
the semester;
(4) for each individual receiving benefits at the
institution during the semester, the total cumulative number of
credit hours for which the individual has received an exemption at
the institution; and
(5) any other information required by the commission
[board].
(c) Not later than January 1, 2014, the Texas Higher
Education Coordinating Board shall provide to the commission the
system, or access to the system, developed by the coordinating
board that meets the requirements of this section. This subsection
expires September 1, 2015.
SECTION 4. Chapter 434, Government Code, is amended by
adding Subchapters F and G to read as follows:
SUBCHAPTER F. VETERAN EDUCATION EXCELLENCE RECOGNITION AWARD
NETWORK
Sec. 434.251. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Veterans Commission.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
Sec. 434.252. VETERAN EDUCATION EXCELLENCE RECOGNITION
AWARD NETWORK. (a) The commission by rule shall establish an award
program under which institutions of higher education may receive
recognition from the commission for excellence in providing
education and related services to veterans.
(b) For purposes of receiving an award under Subsection (a),
the commission shall evaluate an institution of higher education
regarding, as applicable, the existence and quality at the
institution of:
(1) an advisory board of students who are veterans to
advise the institution's governing board on issues affecting the
institution's students who are veterans;
(2) a centralized place for students who are veterans
to meet or find assistance and information;
(3) an institution employee who serves as a central
point of contact for students who are veterans;
(4) a United States Department of Veterans Affairs
work-study program;
(5) admissions and enrollment policies specifically
designed for veterans;
(6) new student orientation and courses specifically
designed for veterans;
(7) a student organization for veterans;
(8) academic support services specifically for
students who are veterans;
(9) mental health and disability services;
(10) a housing policy that applies specifically to
veterans;
(11) faculty and staff training on issues affecting
students who are veterans;
(12) career services specifically designed for
students who are veterans; and
(13) any other criteria considered necessary or
appropriate by the commission.
Sec. 434.253. RULEMAKING AUTHORITY. The commission may
adopt rules as necessary to administer this subchapter. In
developing rules under this section, the commission shall consult
with the Texas Higher Education Coordinating Board and institutions
of higher education.
SUBCHAPTER G. REGIONAL VETERANS EDUCATION COUNSELORS PROGRAM
Sec. 434.301. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Veterans Commission.
(2) "Higher education regions" means the higher
education regions in this state established by the Texas Higher
Education Coordinating Board as specified under Section 434.304.
(3) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
Sec. 434.302. REGIONAL VETERANS EDUCATION COUNSELORS. The
commission shall employ regional veterans education counselors. A
regional veterans education counselor shall:
(1) visit the institutions of higher education located
in each higher education region served by the veterans education
counselor;
(2) work with those institutions of higher education
and any existing veterans programs at those institutions to:
(A) create a hospitable and supportive
environment for veterans;
(B) enhance awareness of and encourage
participation in veterans educational programs and commission
programs providing other services to veterans, including
employment and claims assistance services;
(C) develop programs providing ancillary
assistance to veterans based on the unique needs of veterans and
their family members;
(D) ensure that veterans successfully complete
their education; and
(E) promote the establishment of a student
veterans group on each campus in the higher education region;
(3) work with local, state, and national veterans
groups, including the Veterans of Foreign Wars and the American
Legion, to promote educational opportunities and benefits to the
veteran population in the higher education region;
(4) work with local workforce development boards to:
(A) ensure that the regional veterans education
counselors are aware of available nontraditional educational
opportunities, including on-the-job training programs and
apprenticeships; and
(B) advise employers in the higher education
region of potential opportunities to create on-the-job training
programs for veterans;
(5) work with education services officers at military
installations to encourage active duty members of the armed forces
of the United States and veterans to use federal and state
educational benefits;
(6) create and manage publicity campaigns in concert
with the commission and institutions of higher education in the
higher education region to promote the use of education benefits
under the federal Post-9/11 Veterans Educational Assistance Act of
2008 (38 U.S.C. Section 3301 et seq.), the tuition exemption
program for veterans and their family members under Section 54.341,
Education Code, and any other education benefit for veterans or
their family members under federal or state law;
(7) support programs to assist students who are combat
veterans in readjusting and reintegrating into a noncombat
environment;
(8) maintain statistical information regarding
demographics of veterans assisted, application success, program
completion rates, dropout rates, and reasons for success or
failure, as appropriate; and
(9) perform other activities, as assigned by the
commission, to enhance the educational opportunities of veterans
and their family members in the higher education region and
throughout this state.
Sec. 434.303. PROGRAM MANAGER. The commission shall employ
a program manager to administer the regional veterans education
counselors program. The program manager shall:
(1) provide leadership, training, support, and
overall management of the regional veterans education counselors;
(2) using data provided by the Texas Higher Education
Coordinating Board, produce an annual report on veterans'
attendance at institutions of higher education; and
(3) perform any other task required by the commission.
Sec. 434.304. ASSIGNMENT OF REGIONAL VETERANS EDUCATION
COUNSELORS. The commission shall assign regional veterans
education counselors throughout this state with at least one
counselor assigned responsibility for serving not more than two of
the following higher education regions:
(1) High Plains Region;
(2) Northwest Texas Region;
(3) Metroplex Region;
(4) Upper East Texas Region;
(5) Southeast Texas Region;
(6) Gulf Coast Region;
(7) Central Texas Region;
(8) South Texas Region;
(9) West Texas Region; and
(10) Upper Rio Grande Region.
Sec. 434.305. SUPPORT FROM INSTITUTIONS OF HIGHER
EDUCATION. Each institution of higher education shall cooperate
with the commission to provide information, as permitted by law,
related to student veterans at the institution, provide access to
veteran resource centers or other student meeting areas, and
otherwise support the work of regional veterans education
counselors.
Sec. 434.306. RULEMAKING AUTHORITY. The commission may
adopt rules to implement this subchapter. In developing rules
under this section, the commission shall consult with the Texas
Higher Education Coordinating Board and institutions of higher
education.
SECTION 5. Section 9.01(b)(4), Chapter 1049 (S.B. 5), Acts
of the 82nd Legislature, Regular Session, 2011, which would repeal
Section 54.203(h), Education Code, effective September 1, 2013, is
repealed and does not take effect, and Section 54.341(h), Education
Code, which was redesignated from Section 54.203(h), Education
Code, by Chapter 359 (S.B. 32), Acts of the 82nd Legislature,
Regular Session, 2011, remains in effect as amended by this Act.
SECTION 6. The changes in law made by this Act to Section
54.341, Education Code, apply beginning with tuition and fees for
the 2014 fall semester. Tuition and fees for a term or semester
before the 2014 fall semester are covered by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 7. As soon as practicable after the effective date
of this Act, the Texas Veterans Commission shall employ the
regional veterans education counselors and a program manager as
required by Subchapter G, Chapter 434, Government Code, as added by
this Act.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.