1 | 1 | | By: Collier H.B. No. 974 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to higher education for veterans and their families. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Chapter 54, Tax Code, is amended by amending |
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9 | 9 | | Subsections (a), (a-3) and (a-4) and adding Subsection (a-5) to |
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10 | 10 | | read as follows: |
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11 | 11 | | (a) The governing board of each institution of higher |
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12 | 12 | | education shall exempt the following persons from the payment of |
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13 | 13 | | tuition, dues, fees, and other required charges, including fees for |
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14 | 14 | | correspondence courses but excluding general deposit fees, student |
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15 | 15 | | services fees, and any fees or charges for lodging, board, or |
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16 | 16 | | clothing, provided the person seeking the exemption currently |
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17 | 17 | | resides in this state and entered the service at a location in this |
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18 | 18 | | state, declared this state as the person's home of record in the |
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19 | 19 | | manner provided by the applicable military or other service, or |
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20 | 20 | | would have been determined to be is a resident of this state for |
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21 | 21 | | purposes under Subchapter B at the time the person entered the |
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22 | 22 | | service on the date of registration: |
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23 | 23 | | (1) all nurses and honorably discharged members of the |
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24 | 24 | | armed forces of the United States who served during the |
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25 | 25 | | Spanish-American War or during World War I; |
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26 | 26 | | (2) all nurses, members of the Women's Army Auxiliary |
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27 | 27 | | Corps, members of the Women's Auxiliary Volunteer Emergency |
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28 | 28 | | Service, and all honorably discharged members of the armed forces |
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29 | 29 | | of the United States who served during World War II except those who |
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30 | 30 | | were discharged from service because they were over the age of 38 or |
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31 | 31 | | because of a personal request on the part of the person that the |
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32 | 32 | | person be discharged from service; |
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33 | 33 | | (3) all honorably discharged men and women of the |
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34 | 34 | | armed forces of the United States who served during the national |
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35 | 35 | | emergency which began on June 27, 1950, and which is referred to as |
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36 | 36 | | the Korean War; and |
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37 | 37 | | (4) all persons who were honorably discharged from the |
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38 | 38 | | armed forces of the United States after serving on active military |
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39 | 39 | | duty, excluding training, for more than 180 days and who served a |
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40 | 40 | | portion of their active duty during: |
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41 | 41 | | (A) the Cold War which began on the date of the |
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42 | 42 | | termination of the national emergency cited in Subdivision (3); |
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43 | 43 | | (B) the Vietnam era which began on December 21, |
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44 | 44 | | 1961, and ended on May 7, 1975; |
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45 | 45 | | (C) the Grenada and Lebanon era which began on |
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46 | 46 | | August 24, 1982, and ended on July 31, 1984; |
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47 | 47 | | (D) the Panama era which began on December 20, |
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48 | 48 | | 1989, and ended on January 21, 1990; |
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49 | 49 | | (E) the Persian Gulf War which began on August 2, |
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50 | 50 | | 1990, and ends on the date thereafter prescribed by Presidential |
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51 | 51 | | proclamation or September 1, 1997, whichever occurs first; |
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52 | 52 | | (F) the national emergency by reason of certain |
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53 | 53 | | terrorist attacks that began on September 11, 2001; or |
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54 | 54 | | (G) any future national emergency declared in |
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55 | 55 | | accordance with federal law. |
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56 | 56 | | (a-3) A person who before the 2011-2012 academic year |
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57 | 57 | | received an exemption provided by Subsection (a) continues to be |
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58 | 58 | | eligible for the exemption provided by that subsection as that |
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59 | 59 | | subsection existed on January 1, 2011, subject to the other |
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60 | 60 | | provisions of this section other than the requirement of Subsection |
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61 | 61 | | (a) that the person must currently reside in this state. that the |
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62 | 62 | | person must have entered the service at a location in this state, |
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63 | 63 | | declared this state as the person's home of record, or would have |
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64 | 64 | | been determined to be a resident of this state for the purposes of |
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65 | 65 | | Subchapter B at the time the person entered service. |
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66 | 66 | | (a-4) A person who before the 2014-2015 academic year |
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67 | 67 | | received an exemption under this section continues to be eligible |
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68 | 68 | | for the exemption provided by this section as this section existed |
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69 | 69 | | on January 1, 2013. subject to the other provisions of this section |
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70 | 70 | | other than the requirement of Subsection (a) that the person must |
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71 | 71 | | have entered the service at a location in this state, declared this |
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72 | 72 | | state as the person's home of record, or would have been determined |
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73 | 73 | | to be a resident of this state for purposes of Subchapter B at the |
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74 | 74 | | time the person entered the service. |
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75 | 75 | | (a-5) A person who before the 2015-2016 academic year |
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76 | 76 | | received an exemption under this section continues to be eligible |
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77 | 77 | | for the exemption provided by this section as this section existed |
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78 | 78 | | on January 1, 2015, other than the requirement of Subsection (a) |
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79 | 79 | | that the person must have entered the service at a location in this |
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80 | 80 | | state, declared this state as the person's home of record, or would |
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81 | 81 | | have been determined to be a resident of this state for the purposes |
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82 | 82 | | of Subchapter B at the time the person entered the service. |
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83 | 83 | | (b) The exemptions provided for in Subsection (a) also apply |
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84 | 84 | | to: |
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85 | 85 | | (1) the children of members of the armed forces of the |
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86 | 86 | | United States: |
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87 | 87 | | (A) who are or were killed in action; |
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88 | 88 | | (B) who die or died while in service; |
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89 | 89 | | (C) who are missing in action; |
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90 | 90 | | (D) whose death is documented to be directly |
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91 | 91 | | caused by illness or injury connected with service in the armed |
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92 | 92 | | forces of the United States; or |
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93 | 93 | | (E) who became totally and permanently disabled |
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94 | 94 | | or meet the eligibility requirements for individual |
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95 | 95 | | unemployability according to the disability ratings of the |
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96 | 96 | | Department of Veterans Affairs as a result of a service-related |
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97 | 97 | | injury; and |
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98 | 98 | | (2) the children of members of the Texas National |
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99 | 99 | | Guard and the Texas Air National Guard who: |
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100 | 100 | | (A) were killed since January 1, 1946, while on |
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101 | 101 | | active duty either in the service of their state or the United |
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102 | 102 | | States; or |
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103 | 103 | | (B) are totally and permanently disabled or meet |
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104 | 104 | | the eligibility requirements for individual unemployability |
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105 | 105 | | according to the disability ratings of the Department of Veterans |
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106 | 106 | | Affairs, regardless of whether the members are eligible to receive |
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107 | 107 | | disability benefits from the department, as a result of a |
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108 | 108 | | service-related injury suffered since January 1, 1946, while on |
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109 | 109 | | active duty either in the service of this state or the United |
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110 | 110 | | States. |
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111 | 111 | | SECTION 3. This Act takes effect immediately, if it |
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112 | 112 | | receives a vote of two-thirds of all the members elected to each |
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113 | 113 | | house, as provided by Section 39, Article III, Texas Constitution. |
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114 | 114 | | If this Act does not receive the vote necessary to take effect on |
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115 | 115 | | that date, this Act takes effect September 1, 2015. |
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