Texas 2019 - 86th Regular

Texas House Bill HB730 Compare Versions

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1-86R21051 SOS-F
2- By: Hernandez, Guillen H.B. No. 730
3- Substitute the following for H.B. No. 730:
4- By: Howard C.S.H.B. No. 730
1+86R5332 SOS-D
2+ By: Hernandez H.B. No. 730
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to exempting certain individuals who are homeless from the
10- payment of tuition and fees at public institutions of higher
11- education.
7+ relating to exempting certain homeless individuals from the payment
8+ of tuition and fees at public institutions of higher education.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1310 SECTION 1. Subchapter D, Chapter 54, Education Code, is
1411 amended by adding Section 54.3671 to read as follows:
15- Sec. 54.3671. EXEMPTIONS FOR INDIVIDUALS WHO ARE HOMELESS.
16- (a) In this section, "individual who is homeless":
12+ Sec. 54.3671. EXEMPTIONS FOR HOMELESS INDIVIDUALS. (a) In
13+ this section, "homeless individual":
1714 (1) means an individual who:
1815 (A) lacks a fixed, regular, and adequate
1916 nighttime residence; or
2017 (B) has a primary nighttime residence that is:
2118 (i) a supervised publicly or privately
2219 operated shelter designed to provide temporary living
2320 accommodations, including welfare hotels, congregate shelters, and
2421 transitional housing for the mentally ill;
2522 (ii) an institution that provides a
2623 temporary residence for individuals intended to be
2724 institutionalized; or
2825 (iii) a public or private place not
2926 designed for, or ordinarily used as, a regular sleeping
3027 accommodation for human beings; and
3128 (2) does not include an individual who is imprisoned
3229 or otherwise detained in a correctional facility.
33- (b) Except as provided by Subsection (e), an institution of
34- higher education may exempt from the payment of tuition and fees
35- authorized in this chapter, including tuition and fees charged for
36- a dual credit course or other course for which a high school student
37- may earn joint high school and college credit, an individual who is
38- homeless if the individual:
39- (1) submits to the institution of higher education not
40- later than June 30th of each year, as prescribed by Texas Higher
41- Education Coordinating Board rule, a notarized affidavit:
42- (A) confirming the individual's status as an
43- individual who is homeless from:
44- (i) a high school or school district
45- homeless liaison or other employee of the school district in which
46- the individual is enrolled;
47- (ii) the director of an emergency shelter
48- or transitional housing program funded by the United States
49- Department of Housing and Urban Development;
50- (iii) the director of:
51- (a) a basic center for runaway and
52- homeless youth; or
53- (b) a transitional living program;
54- (iv) a state homeless education counselor,
55- if any;
56- (v) an employee of the National Center for
57- Homeless Education;
58- (vi) a third party, including a private or
59- publicly funded homeless shelter or service provider;
60- (vii) a college financial aid administrator
61- other than an administrator employed by the institution of higher
62- education;
63- (viii) an employee from a college access
64- program;
65- (ix) a counselor at a high school the
66- individual attended or a college counselor; or
67- (x) a mental health professional, social
68- worker, mentor, physician, or a member of the clergy; and
69- (B) demonstrating financial need as determined
70- by Texas Higher Education Coordinating Board rule; and
71- (2) enrolls in the institution of higher education as
30+ (b) Except as provided by Subsection (e), a homeless
31+ individual is exempt from the payment of tuition and fees
32+ authorized in this chapter, including tuition and fees charged by
33+ an institution of higher education for a dual credit course or other
34+ course for which a high school student may earn joint high school
35+ and college credit, if the individual:
36+ (1) submits to the institution of higher education, as
37+ prescribed by Texas Higher Education Coordinating Board rule, a
38+ notarized affidavit confirming the individual's status as a
39+ homeless individual from:
40+ (A) an employee of a homeless shelter or
41+ transitional housing facility;
42+ (B) an employee of an organization that provides
43+ to homeless individuals or assists homeless individuals in
44+ obtaining services such as health services, mental or behavioral
45+ health services, substance abuse services, public assistance
46+ services, or employment services;
47+ (C) an attorney licensed to practice law in this
48+ state;
49+ (D) a peace officer who is an official homeless
50+ liaison;
51+ (E) an employee of a faith-based organization
52+ that provides benefits or services to homeless individuals; or
53+ (F) a counselor or administrator at a school
54+ attended by the homeless individual;
55+ (2) enrolls in an institution of higher education as
7256 an undergraduate student or in a dual credit course or other course
7357 for which a high school student may earn joint high school and
74- college credit not later than the individual's 25th birthday.
58+ college credit not later than the individual's 25th birthday; and
59+ (3) demonstrates financial need as determined by Texas
60+ Higher Education Coordinating Board rule.
7561 (c) A person may not charge a fee for providing or
7662 notarizing the affidavit described by Subsection (b).
7763 (d) An affidavit described by Subsection (b) may not be used
7864 for an exemption under this section if the affidavit was signed more
7965 than 60 days before the date the affidavit is submitted to an
8066 institution of higher education under Subsection (b).
81- (e) An individual is not eligible for an exemption under
82- this section if the individual:
67+ (e) A person is not eligible for an exemption under this
68+ section if the person:
8369 (1) has previously received an exemption under this
8470 section for 10 semesters or summer sessions at any institution or
8571 institutions of higher education;
8672 (2) has received a baccalaureate degree; or
8773 (3) is subject to the registration requirements of
8874 Chapter 62, Code of Criminal Procedure.
8975 SECTION 2. (a) Section 54.3671, Education Code, as added by
9076 this Act, applies beginning with tuition and fees charged for the
9177 2020 spring semester.
9278 (b) The Texas Higher Education Coordinating Board shall
9379 adopt rules to implement Section 54.3671, Education Code, as added
9480 by this Act, as soon as practicable after the effective date of this
9581 Act.
9682 SECTION 3. This Act takes effect September 1, 2019.