| 1 | 1 | | By: Miller H.B. No. 4089 |
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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 tuition and fee exemptions at public institutions of |
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| 7 | 7 | | higher education for certain military personnel and their |
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| 8 | 8 | | dependents. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 54.341, Education Code, is amended by |
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| 11 | 11 | | amending Subsections (a), (b-1), (c), (d), (e), (f), (k), and (l) |
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| 12 | 12 | | and adding Subsections (a-5),(c-1), and (c-2) to read as follows: |
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| 13 | 13 | | (a) The governing board of each institution of higher |
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| 14 | 14 | | education shall exempt the following persons from the payment of |
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| 15 | 15 | | tuition, dues, fees, and other required charges, including fees for |
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| 16 | 16 | | correspondence courses but excluding general deposit fees, student |
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| 17 | 17 | | services fees, and any fees or charges for lodging, board, or |
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| 18 | 18 | | clothing, provided the person seeking the exemption currently |
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| 19 | 19 | | resides in this state and entered the service at a location in this |
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| 20 | 20 | | state, declared this state as the person's home of record in the |
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| 21 | 21 | | manner provided by the applicable military or other service, or |
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| 22 | 22 | | would have been determined to be a resident of this state for |
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| 23 | 23 | | purposes of Subchapter B at the time the person entered the service: |
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| 24 | 24 | | (1) all nurses and honorably discharged members of the |
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| 25 | 25 | | armed forces of the United States who served during the |
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| 26 | 26 | | Spanish-American War or during World War I; |
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| 27 | 27 | | (2) all nurses, members of the Women's Army Auxiliary |
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| 28 | 28 | | Corps, members of the Women's Auxiliary Volunteer Emergency |
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| 29 | 29 | | Service, and all honorably discharged members of the armed forces |
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| 30 | 30 | | of the United States who served during World War II except those who |
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| 31 | 31 | | were discharged from service because they were over the age of 38 or |
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| 32 | 32 | | because of a personal request on the part of the person that the |
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| 33 | 33 | | person be discharged from service; |
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| 34 | 34 | | (3) all honorably discharged men and women of the |
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| 35 | 35 | | armed forces of the United States who served during the national |
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| 36 | 36 | | emergency which began on June 27, 1950, and which is referred to as |
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| 37 | 37 | | the Korean War; and |
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| 38 | 38 | | (4) all persons who were honorably discharged from the |
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| 39 | 39 | | armed forces of the United States after serving on active military |
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| 40 | 40 | | duty, excluding training for more than two years. [180 days] and who |
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| 41 | 41 | | served a portion of their active duty during: |
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| 42 | 42 | | (A) the Cold War which began on the date of the |
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| 43 | 43 | | termination of the national emergency cited in Subdivision (3); |
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| 44 | 44 | | (B) the Vietnam era which began on December 21, |
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| 45 | 45 | | 1961, and ended on May 7, 1975; |
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| 46 | 46 | | (C) the Grenada and Lebanon era which began on |
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| 47 | 47 | | August 24, 1982, and ended on July 31, 1984; |
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| 48 | 48 | | (D) the Panama era which began on December 20, |
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| 49 | 49 | | 1989, and ended on January 21, 1990; |
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| 50 | 50 | | (E) the Persian Gulf War which began on August 2, |
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| 51 | 51 | | 1990, and ends on the date thereafter prescribed by Presidential |
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| 52 | 52 | | proclamation or September 1, 1997, whichever occurs first; |
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| 53 | 53 | | (F) the national emergency by reason of certain |
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| 54 | 54 | | terrorist attacks that began on September 11, 2001; or |
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| 55 | 55 | | (G) any future national emergency declared in |
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| 56 | 56 | | accordance with federal law. |
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| 57 | 57 | | (a-2) The exemptions provided for in Subsection (a) also |
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| 58 | 58 | | apply to the spouse of: |
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| 59 | 59 | | (1) a member of the armed forces of the United States: |
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| 60 | 60 | | (A) who was killed in action; |
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| 61 | 61 | | (B) who died while in service; |
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| 62 | 62 | | (C) who is missing in action; |
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| 63 | 63 | | (D) whose death is documented to be directly |
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| 64 | 64 | | caused by illness or injury connected with service in the armed |
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| 65 | 65 | | forces of the United States; or |
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| 66 | 66 | | (E) who became totally and permanently disabled |
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| 67 | 67 | | or meets the eligibility requirements for individual |
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| 68 | 68 | | unemployability according to the disability ratings of the |
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| 69 | 69 | | Department of Veterans Affairs as a result of a service-related |
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| 70 | 70 | | injury;] or |
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| 71 | 71 | | (2) a member of the Texas National Guard or the Texas |
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| 72 | 72 | | Air National Guard who |
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| 73 | 73 | | (A) was killed since January 1, 1946, while on |
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| 74 | 74 | | active duty either in the service of this state or the United |
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| 75 | 75 | | States; or |
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| 76 | 76 | | (B) is totally and permanently disabled or meets |
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| 77 | 77 | | the eligibility requirements for individual unemployability |
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| 78 | 78 | | according to the disability ratings of the Department of Veterans |
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| 79 | 79 | | Affairs, regardless of whether the member is eligible to receive |
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| 80 | 80 | | disability benefits from the department, as a result of a |
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| 81 | 81 | | service-related injury suffered since January 1, 1946, while on |
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| 82 | 82 | | active duty either in the service of this state or the United |
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| 83 | 83 | | States]. |
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| 84 | 84 | | (a-4) A person who before the 2014-2015 academic year |
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| 85 | 85 | | received an exemption under this section continues to be eligible |
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| 86 | 86 | | for the exemption provided by this section as this section existed |
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| 87 | 87 | | on January 1, 2013. |
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| 88 | 88 | | (b) The exceptions provided for in Subsection (a) also apply |
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| 89 | 89 | | to: |
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| 90 | 90 | | (1) the children of members of the armed forces of the |
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| 91 | 91 | | United States: |
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| 92 | 92 | | (A) who are or were killed in action; |
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| 93 | 93 | | (B) who die or died while in service; |
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| 94 | 94 | | (C) who are missing in action; |
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| 95 | 95 | | (D) whose death is documented to be directly |
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| 96 | 96 | | caused by illness or injury connected with service in the armed |
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| 97 | 97 | | forces of the United States; or |
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| 98 | 98 | | (E) who became totally and permanently disabled |
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| 99 | 99 | | or meet the eligibility requirement for individual unemployability |
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| 100 | 100 | | according to the disability rating of the Department of Veterans |
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| 101 | 101 | | Affairs as a result of a service-related injury; and |
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| 102 | 102 | | (2) the children of members of the Texas National |
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| 103 | 103 | | Guard and the Texas Air National guard who: |
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| 104 | 104 | | (A) were killed since January 1, 1946, while on |
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| 105 | 105 | | active duty either in the service of their state or the United |
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| 106 | 106 | | States; or |
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| 107 | 107 | | (B) are totally and permanently disabled or meet |
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| 108 | 108 | | the eligibility requirements for individual unemployability |
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| 109 | 109 | | according to the disability ratings of the Department of Veterans |
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| 110 | 110 | | Affairs, regardless of whether the members are eligible to receive |
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| 111 | 111 | | disability benefits from the department, as a result of a |
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| 112 | 112 | | service-related injury suffered since January 1, 1946, while on |
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| 113 | 113 | | active duty either in the service of this state or the United |
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| 114 | 114 | | States. |
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| 115 | 115 | | (a-5) A person who currently resides in this state and |
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| 116 | 116 | | entered the service at a location in this state, declared this state |
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| 117 | 117 | | as the person's home of record in the manner provided by the |
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| 118 | 118 | | applicable military or other service, or would have been determined |
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| 119 | 119 | | to be a resident of this state and entered service before September |
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| 120 | 120 | | 1, 2017, qualifies for the exemption under the previous rules and |
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| 121 | 121 | | guidelines. |
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| 122 | 122 | | (b-1) To qualify for an exemption under Subsection (a-2) or |
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| 123 | 123 | | (b), the spouse or child must be classified as a resident under |
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| 124 | 124 | | Subchapter B on the date of the spouse's or child's registration. |
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| 125 | 125 | | (c) Subject to Subsection (c-1), a [A] person may not |
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| 126 | 126 | | receive exemptions provided for by this section for more than a |
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| 127 | 127 | | cumulative total of 150 hours. |
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| 128 | 128 | | (c-1) In addition to the limitation prescribed by |
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| 129 | 129 | | Subsection (c), a person who qualifies for an exemption under |
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| 130 | 130 | | Subsection (a) based on the person's military service, or a person |
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| 131 | 131 | | to whom an exemption is assigned under Subsection (k) based on the |
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| 132 | 132 | | military service of the person's parent, may not receive the |
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| 133 | 133 | | exemption for a semester or other academic term the first class date |
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| 134 | 134 | | of which is later than the 20th anniversary of the date of the |
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| 135 | 135 | | person's or parent's honorable discharge from military service, as |
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| 136 | 136 | | applicable. This subsection does not apply to a person who is |
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| 137 | 137 | | eligible to receive an exemption under Subsection (a-2) or to |
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| 138 | 138 | | continue to receive an exemption under Subsection (a-1), (a-3), |
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| 139 | 139 | | (a-4), or (a-5). |
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| 140 | 140 | | (c-2) A person may not receive exemptions provided for by |
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| 141 | 141 | | Subsection (a) after the completion of one graduate degree. |
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| 142 | 142 | | (d) Not later than the last class date of the semester or |
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| 143 | 143 | | term to which an exemption under this section applies, except that |
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| 144 | 144 | | the governing board may encourage an earlier submission by the |
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| 145 | 145 | | official day of record for that semester or term on which the |
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| 146 | 146 | | institution must determine the enrollment that is reported to the |
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| 147 | 147 | | Texas Higher Education Coordinating Board, the [The] governing |
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| 148 | 148 | | board of each institution of higher education granting an exemption |
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| 149 | 149 | | under this section shall require each applicant claiming the |
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| 150 | 150 | | exemption to submit to the institution, in the form and manner |
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| 151 | 151 | | prescribed by the Texas Veterans Commission for purposes of this |
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| 152 | 152 | | section under Section 434.0079(b), Government Code: |
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| 153 | 153 | | (1) [,] an application for the exemption and necessary |
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| 154 | 154 | | evidence that the applicant qualifies for the exemption; |
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| 155 | 155 | | (2) a completed Free Application for Federal Student |
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| 156 | 156 | | Aid (FAFSA); and |
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| 157 | 157 | | (3) a degree plan listing all courses required to |
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| 158 | 158 | | graduate evaluated and signed by the applicant's academic advisor |
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| 159 | 159 | | [not later than the last class date of the semester or term to which |
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| 160 | 160 | | the exemption applies, except that the governing board may |
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| 161 | 161 | | encourage the submission of an application and evidence by the |
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| 162 | 162 | | official day of record for the semester or term to which the |
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| 163 | 163 | | exemption applies on which the institution must determine the |
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| 164 | 164 | | enrollment that is reported to the Texas Higher Education |
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| 165 | 165 | | Coordinating Board]. |
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| 166 | 166 | | (e) The exemption from tuition, fees, and other charges |
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| 167 | 167 | | provided for by this section does not apply to a person who at the |
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| 168 | 168 | | time of registration is entitled to receive state or federal grant |
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| 169 | 169 | | aid or educational benefits under federal legislation that may be |
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| 170 | 170 | | used only for the payment of tuition and fees if the value of the |
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| 171 | 171 | | grant aid and [those] benefits received in a semester or other term |
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| 172 | 172 | | is equal to or exceeds the value of the exemption for the same |
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| 173 | 173 | | semester or other term. If the value of state or federal grant aid |
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| 174 | 174 | | or federal benefits that may be used only for the payment of tuition |
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| 175 | 175 | | and fees and are received in a semester or other term does not equal |
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| 176 | 176 | | or exceed the value of the exemption for the same semester or other |
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| 177 | 177 | | term, the person is entitled to receive both the grant aid or |
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| 178 | 178 | | [those] federal benefits and the exemption in the same semester or |
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| 179 | 179 | | other term. The combined amount of the state or federal grant aid |
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| 180 | 180 | | or federal benefit that may be used only for the payment of tuition |
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| 181 | 181 | | and fees plus the amount of the exemption received in a semester or |
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| 182 | 182 | | other term may not exceed the cost of tuition and fees for that |
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| 183 | 183 | | semester or other term. An institution of higher education may not |
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| 184 | 184 | | require a person eligible for an exemption under Subsection (a) to |
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| 185 | 185 | | apply for or obtain a student loan. |
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| 186 | 186 | | (f) A person may apply an exemption under this section only |
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| 187 | 187 | | to credit hours for which the Texas Higher Education Coordinating |
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| 188 | 188 | | Board certifies student enrollment for the purposes of formula |
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| 189 | 189 | | funding [The governing board of each institution of higher |
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| 190 | 190 | | education may enter into contracts with the United States |
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| 191 | 191 | | government, or any of its agencies, to furnish instruction to |
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| 192 | 192 | | ex-servicemen and ex-service women at a tuition rate which covers |
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| 193 | 193 | | the estimated cost of the instruction or, in the alternative, at a |
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| 194 | 194 | | tuition rate of $100 a semester, as may be determined by the |
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| 195 | 195 | | governing board. If the rates specified are prohibited by federal |
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| 196 | 196 | | law for any particular class of ex-servicemen or ex-service women, |
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| 197 | 197 | | the tuition rate shall be set by the governing board, but shall not |
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| 198 | 198 | | be less than the established rate for civilian students. If federal |
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| 199 | 199 | | law provides as to any class of veterans that the tuition payments |
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| 200 | 200 | | are to be deducted from subsequent benefits to which the veteran may |
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| 201 | 201 | | be entitled, the institution shall refund to any veteran who is a |
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| 202 | 202 | | resident of Texas within the meaning of this section the amount by |
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| 203 | 203 | | which any adjusted compensation payment is actually reduced because |
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| 204 | 204 | | of tuition payments made to the institution by the federal |
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| 205 | 205 | | government for the veteran]. |
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| 206 | 206 | | (k) Subject to the limitation prescribed by Subsection |
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| 207 | 207 | | (k-2) the The Texas Veterans Commission by rule shall prescribe |
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| 208 | 208 | | procedures to allow: |
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| 209 | 209 | | (1) a person who becomes eligible for an exemption |
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| 210 | 210 | | provided by Subsection (a) to waive the person's right to any unused |
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| 211 | 211 | | portion of the number of cumulative credit hours, not to exceed 150 |
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| 212 | 212 | | credit hours, for which the person could receive the exemption and |
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| 213 | 213 | | assign the exemption for the unused portion of those credit hours to |
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| 214 | 214 | | a child of the person; and |
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| 215 | 215 | | (2) following the death of a person who becomes |
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| 216 | 216 | | eligible for an exemption provided by Subsection (a), the |
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| 217 | 217 | | assignment of the exemption for the unused portion of the credit |
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| 218 | 218 | | hours, not to exceed 150 credit hours, to a child of the person, to |
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| 219 | 219 | | be made by the person's spouse or by the conservator, guardian, |
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| 220 | 220 | | custodian, or other legally designated caretaker of the child, if |
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| 221 | 221 | | the child does not otherwise qualify for an exemption under |
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| 222 | 222 | | Subsection (b). |
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| 223 | 223 | | (k-2) A person who becomes eligible for an exemption |
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| 224 | 224 | | provided by Subsection (a) must have served for at least six years |
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| 225 | 225 | | before any portion of the exemption may be assigned to a child of |
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| 226 | 226 | | the person under Subsection (k). |
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| 227 | 227 | | (l) To be eligible to receive an exemption under Subsection |
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| 228 | 228 | | (k), the child must: |
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| 229 | 229 | | (1) be a student who is classified as a resident under |
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| 230 | 230 | | Subchapter B when the child enrolls in an institution of higher |
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| 231 | 231 | | education; |
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| 232 | 232 | | (2) as be an [a graduate or] undergraduate student, |
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| 233 | 233 | | maintain a grade point average that satisfies the grade point |
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| 234 | 234 | | average requirement for making satisfactory academic progress in a |
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| 235 | 235 | | degree, certificate, or continuing education program as determined |
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| 236 | 236 | | by the institution at which the child is enrolled in accordance with |
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| 237 | 237 | | the institution's policy regarding eligibility for financial aid; |
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| 238 | 238 | | [and] |
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| 239 | 239 | | (3) maintain: |
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| 240 | 240 | | (A) a course load of at least 24 semester credit |
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| 241 | 241 | | hours per academic year; and |
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| 242 | 242 | | (B) a cumulative grade point average of at least |
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| 243 | 243 | | 2.5 on a four-point scale or the equivalent; and |
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| 244 | 244 | | (3) (4) be 25 years of age or younger on the first day |
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| 245 | 245 | | of the semester or other academic term for which the exemption is |
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| 246 | 246 | | claimed; and |
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| 247 | 247 | | (5) if eligible, have exhausted all benefits available |
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| 248 | 248 | | to the child under the federal Post-9/11 Veterans Educational |
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| 249 | 249 | | Assistance Act of 2008 (38 U.S.C. Section 3301 et seq.) or any other |
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| 250 | 250 | | federal law authorizing educational benefits for veterans. |
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| 251 | 251 | | SECTION 2. The changes in law made by this Act to Section |
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| 252 | 252 | | 54.341, Education Code, apply beginning with tuition and fees |
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| 253 | 253 | | charged for the 2017 fall semester. Tuition and fees charged for a |
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| 254 | 254 | | term or semester before the 2017 fall semester are governed by the |
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| 255 | 255 | | law in effect immediately before the effective date of this Act, and |
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| 256 | 256 | | the former law is continued in effect for that purpose. |
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| 257 | 257 | | SECTION 3. (a) A joint interim committee is created to |
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| 258 | 258 | | study and review the exemption from tuition, fees, and other |
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| 259 | 259 | | charges provided under Section 54.341, Education Code, as amended |
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| 260 | 260 | | by this Act. |
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| 261 | 261 | | (b) The committee is composed of: |
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| 262 | 262 | | (1) five members of the senate standing committee with |
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| 263 | 263 | | primary jurisdiction over higher education appointed by the |
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| 264 | 264 | | lieutenant governor; and |
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| 265 | 265 | | (2) five members of the house standing committee with |
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| 266 | 266 | | primary jurisdiction over higher education appointed by the speaker |
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| 267 | 267 | | of the house of representatives. |
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| 268 | 268 | | (c) The lieutenant governor and the speaker of the house of |
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| 269 | 269 | | representatives shall: |
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| 270 | 270 | | (1) jointly designate a committee chair; or |
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| 271 | 271 | | (2) if the lieutenant governor and the speaker of the |
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| 272 | 272 | | house of representatives do not agree to jointly designate a |
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| 273 | 273 | | committee chair, designate co-chairs from among the lieutenant |
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| 274 | 274 | | governor's and the speaker's respective appointments. |
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| 275 | 275 | | (d) The committee shall convene at the call of the chair or, |
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| 276 | 276 | | if applicable, at the call of one of the co-chairs. |
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| 277 | 277 | | (e) The committee has all other powers and duties provided |
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| 278 | 278 | | to a special or select committee by the rules of the senate and |
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| 279 | 279 | | house of representatives, by Subchapter B, Chapter 301, Government |
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| 280 | 280 | | Code, and by policies of the senate and house committees on |
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| 281 | 281 | | administration. |
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| 282 | 282 | | (f) Not later than December 1, 2018, the committee shall |
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| 283 | 283 | | report the committee's findings and recommendations to the governor |
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| 284 | 284 | | and the members of the legislature. The committee shall include in |
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| 285 | 285 | | its recommendations specific statutory and rule changes that appear |
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| 286 | 286 | | necessary from the results of the committee's study. |
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| 287 | 287 | | (g) Not later than the 60th day after the effective date of |
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| 288 | 288 | | this Act, the lieutenant governor and the speaker of the house of |
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| 289 | 289 | | representatives shall appoint the members of the committee created |
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| 290 | 290 | | under this section. |
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| 291 | 291 | | (h) The committee is abolished and this section expires |
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| 292 | 292 | | March 1, 2019. |
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| 293 | 293 | | SECTION 4. This Act takes effect immediately if it receives |
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| 294 | 294 | | a vote of two-thirds of all the members elected to each house, as |
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| 295 | 295 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 296 | 296 | | Act does not receive the vote necessary for immediate effect, this |
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| 297 | 297 | | Act takes effect September 1, 2017. |
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