1 | 1 | | 84R2147 JRJ-D |
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2 | 2 | | By: Springer H.B. No. 1951 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to tuition exemptions at public institutions of higher |
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8 | 8 | | education for certain active members of the armed forces of the |
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9 | 9 | | United States and the dependent children of those members. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 54.341, Education Code, is amended by |
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12 | 12 | | amending Subsections (a) and (b) and adding Subsection (b-2) to |
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13 | 13 | | read as follows: |
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14 | 14 | | (a) The governing board of each institution of higher |
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15 | 15 | | education shall exempt the following persons from the payment of |
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16 | 16 | | tuition, dues, fees, and other required charges, including fees for |
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17 | 17 | | correspondence courses but excluding general deposit fees, student |
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18 | 18 | | services fees, and any fees or charges for lodging, board, or |
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19 | 19 | | clothing, provided the person seeking the exemption currently |
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20 | 20 | | resides in this state and entered the service at a location in this |
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21 | 21 | | state, declared this state as the person's home of record in the |
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22 | 22 | | manner provided by the applicable military or other service, or |
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23 | 23 | | would have been determined to be a resident of this state for |
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24 | 24 | | purposes of Subchapter B at the time the person entered the service: |
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25 | 25 | | (1) all nurses and honorably discharged members of the |
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26 | 26 | | armed forces of the United States who served during the |
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27 | 27 | | Spanish-American War or during World War I; |
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28 | 28 | | (2) all nurses, members of the Women's Army Auxiliary |
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29 | 29 | | Corps, members of the Women's Auxiliary Volunteer Emergency |
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30 | 30 | | Service, and all honorably discharged members of the armed forces |
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31 | 31 | | of the United States who served during World War II except those who |
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32 | 32 | | were discharged from service because they were over the age of 38 or |
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33 | 33 | | because of a personal request on the part of the person that the |
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34 | 34 | | person be discharged from service; |
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35 | 35 | | (3) all honorably discharged men and women of the |
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36 | 36 | | armed forces of the United States who served during the national |
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37 | 37 | | emergency which began on June 27, 1950, and which is referred to as |
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38 | 38 | | the Korean War; [and] |
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39 | 39 | | (4) all persons who were honorably discharged from the |
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40 | 40 | | armed forces of the United States after serving on active military |
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41 | 41 | | duty, excluding training, for more than 180 days and who served a |
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42 | 42 | | portion of their active duty during: |
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43 | 43 | | (A) the Cold War which began on the date of the |
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44 | 44 | | termination of the national emergency cited in Subdivision (3); |
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45 | 45 | | (B) the Vietnam era which began on December 21, |
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46 | 46 | | 1961, and ended on May 7, 1975; |
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47 | 47 | | (C) the Grenada and Lebanon era which began on |
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48 | 48 | | August 24, 1982, and ended on July 31, 1984; |
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49 | 49 | | (D) the Panama era which began on December 20, |
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50 | 50 | | 1989, and ended on January 21, 1990; |
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51 | 51 | | (E) the Persian Gulf War which began on August 2, |
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52 | 52 | | 1990, and ends on the date thereafter prescribed by Presidential |
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53 | 53 | | proclamation or September 1, 1997, whichever occurs first; |
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54 | 54 | | (F) the national emergency by reason of certain |
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55 | 55 | | terrorist attacks that began on September 11, 2001; or |
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56 | 56 | | (G) any future national emergency declared in |
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57 | 57 | | accordance with federal law; and |
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58 | 58 | | (5) subject to Subsection (b-2), members of the armed |
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59 | 59 | | forces of the United States who are currently serving and have |
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60 | 60 | | served at least 10 years on active military duty. |
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61 | 61 | | (b) The exemptions provided for in Subsection (a) also apply |
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62 | 62 | | to: |
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63 | 63 | | (1) the children of members of the armed forces of the |
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64 | 64 | | United States: |
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65 | 65 | | (A) who are or were killed in action; |
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66 | 66 | | (B) who die or died while in service; |
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67 | 67 | | (C) who are missing in action; |
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68 | 68 | | (D) whose death is documented to be directly |
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69 | 69 | | caused by illness or injury connected with service in the armed |
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70 | 70 | | forces of the United States; [or] |
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71 | 71 | | (E) who became totally and permanently disabled |
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72 | 72 | | or meet the eligibility requirements for individual |
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73 | 73 | | unemployability according to the disability ratings of the |
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74 | 74 | | Department of Veterans Affairs as a result of a service-related |
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75 | 75 | | injury; or |
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76 | 76 | | (F) subject to Subsection (b-2), who are |
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77 | 77 | | currently serving and have served at least 10 years on active |
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78 | 78 | | military duty; and |
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79 | 79 | | (2) the children of members of the Texas National |
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80 | 80 | | Guard and the Texas Air National Guard who: |
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81 | 81 | | (A) were killed since January 1, 1946, while on |
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82 | 82 | | active duty either in the service of their state or the United |
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83 | 83 | | States; or |
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84 | 84 | | (B) are totally and permanently disabled or meet |
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85 | 85 | | the eligibility requirements for individual unemployability |
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86 | 86 | | according to the disability ratings of the Department of Veterans |
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87 | 87 | | Affairs, regardless of whether the members are eligible to receive |
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88 | 88 | | disability benefits from the department, as a result of a |
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89 | 89 | | service-related injury suffered since January 1, 1946, while on |
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90 | 90 | | active duty either in the service of this state or the United |
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91 | 91 | | States. |
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92 | 92 | | (b-2) The Texas Veterans Commission by rule shall establish |
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93 | 93 | | conditions under which a student who previously qualified for an |
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94 | 94 | | exemption under Subsection (a)(5) or (b)(1)(F) for attendance at an |
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95 | 95 | | institution of higher education loses that eligibility and is |
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96 | 96 | | required to repay an amount equal to the amount of tuition, dues, |
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97 | 97 | | fees, and other required charges the student would, but for the |
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98 | 98 | | exemption, have owed the institution. The conditions must include |
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99 | 99 | | the student's withdrawal from or dropping out of the institution, |
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100 | 100 | | the student's failure to maintain a cumulative grade point average |
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101 | 101 | | of at least 2.0 on a 4.0 scale, or the receipt of a dishonorable |
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102 | 102 | | discharge from active military service by the student or the |
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103 | 103 | | student's parent, as applicable. The commission shall establish a |
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104 | 104 | | schedule for installment repayment under this subsection. |
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105 | 105 | | SECTION 2. The change in law made by this Act applies |
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106 | 106 | | beginning with tuition and fees charged for the 2015 fall semester. |
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107 | 107 | | Tuition and fees charged for a term or semester before the 2015 fall |
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108 | 108 | | semester are covered by the law in effect immediately before the |
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109 | 109 | | effective date of this Act, and the former law is continued in |
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110 | 110 | | effect for that purpose. |
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111 | 111 | | SECTION 3. This Act takes effect immediately if it receives |
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112 | 112 | | a vote of two-thirds of all the members elected to each house, as |
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113 | 113 | | provided by Section 39, Article III, Texas Constitution. If this |
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114 | 114 | | Act does not receive the vote necessary for immediate effect, this |
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115 | 115 | | Act takes effect September 1, 2015. |
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