| 1 | 1 | | 85R245 AAF-D |
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| 2 | 2 | | By: Huberty H.B. No. 364 |
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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 exemptions for disabled peace officers and fire |
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| 8 | 8 | | fighters from payment of tuition and fees at public institutions of |
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| 9 | 9 | | higher education. |
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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. The heading to Section 54.352, Education Code, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | Sec. 54.352. DISABLED PEACE OFFICERS AND FIRE FIGHTERS [; |
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| 14 | 14 | | OPTIONAL EXEMPTION]. |
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| 15 | 15 | | SECTION 2. Sections 54.352(a) and (h), Education Code, are |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (a) The governing board of an institution of higher |
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| 18 | 18 | | education shall [may] exempt a student from the payment of tuition |
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| 19 | 19 | | and [required] fees [authorized by this chapter] for a course for |
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| 20 | 20 | | which space is available if the student: |
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| 21 | 21 | | (1) is a resident of this state and has resided in this |
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| 22 | 22 | | state for the 12 months immediately preceding the beginning of the |
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| 23 | 23 | | semester or session for which an exemption is sought; |
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| 24 | 24 | | (2) is permanently disabled as a result of an injury |
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| 25 | 25 | | suffered during the performance of a duty as: |
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| 26 | 26 | | (A) a peace officer of this state or a political |
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| 27 | 27 | | subdivision of this state; or |
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| 28 | 28 | | (B) a fire fighter, as defined by Section |
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| 29 | 29 | | 614.001, Government Code, employed by this state or a political |
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| 30 | 30 | | subdivision of this state; and |
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| 31 | 31 | | (3) is unable to continue employment as a peace |
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| 32 | 32 | | officer or fire fighter because of the disability. |
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| 33 | 33 | | (h) For the purpose of this section, a peace officer or a |
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| 34 | 34 | | fire fighter is considered permanently disabled only if the chief |
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| 35 | 35 | | administrative officer of the law enforcement agency, fire |
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| 36 | 36 | | department, or other entity that employed the officer or fire |
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| 37 | 37 | | fighter at the time of the injury determines the officer or fire |
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| 38 | 38 | | fighter is permanently disabled and satisfies any requirement of an |
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| 39 | 39 | | institution under Subsection (e). |
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| 40 | 40 | | SECTION 3. The changes in law made by this Act apply to an |
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| 41 | 41 | | exemption from tuition and fees beginning with the 2017 fall |
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| 42 | 42 | | semester. |
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| 43 | 43 | | SECTION 4. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2017. |
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