Texas 2019 - 86th Regular

Texas House Bill HB766 Compare Versions

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1-H.B. No. 766
1+By: Huberty, Guillen (Senate Sponsor - Watson) H.B. No. 766
2+ (In the Senate - Received from the House April 16, 2019;
3+ April 24, 2019, read first time and referred to Committee on Higher
4+ Education; May 19, 2019, reported favorably by the following vote:
5+ Yeas 9, Nays 0; May 19, 2019, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to exemptions for disabled peace officers and fire
612 fighters from payment of tuition and fees at public institutions of
713 higher education.
814 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
915 SECTION 1. The heading to Section 54.352, Education Code,
1016 is amended to read as follows:
1117 Sec. 54.352. DISABLED PEACE OFFICERS AND FIRE FIGHTERS [;
1218 OPTIONAL EXEMPTION].
13- SECTION 2. Section 54.352, Education Code, is amended by
14- amending Subsections (a), (g), and (h) and adding Subsection (b-1)
15- to read as follows:
19+ SECTION 2. Sections 54.352(a), (g), and (h), Education
20+ Code, are amended to read as follows:
1621 (a) The governing board of an institution of higher
1722 education shall [may] exempt a student from the payment of tuition
1823 and [required] fees [authorized by this chapter] for a course for
1924 which space is available if the student:
2025 (1) is a resident of this state and has resided in this
2126 state for the 12 months immediately preceding the beginning of the
2227 semester or session for which an exemption is sought;
2328 (2) is permanently disabled as a result of an injury
2429 suffered during the performance of a duty as:
2530 (A) a peace officer of this state or a political
2631 subdivision of this state; or
2732 (B) a fire fighter, as defined by Section
2833 614.001, Government Code, employed by this state or a political
2934 subdivision of this state; and
3035 (3) is unable to continue employment as a peace
3136 officer or fire fighter because of the disability.
32- (b-1) Notwithstanding Subsection (a), the governing board
33- of an institution of higher education may not provide exemptions
34- under this section to students enrolled in a specific course in a
35- number that exceeds 20 percent of the maximum student enrollment
36- designated by the institution for that course.
3737 (g) For the purpose of [In] this section, an injury is
3838 suffered during the performance of a duty as a peace officer if the
3939 injury occurs ["injury suffered during the performance of a duty as
4040 a peace officer" means an injury occurring] as a result of the peace
4141 officer's performance of any of the following law enforcement
4242 duties:
4343 (1) traffic enforcement or traffic control duties,
4444 including enforcement of traffic laws, investigation of vehicle
4545 accidents, or directing traffic;
4646 (2) pursuit, arrest, or search of a person reasonably
4747 believed to have violated a law;
4848 (3) investigation, including undercover
4949 investigation, of a criminal act;
5050 (4) patrol duties, including automobile, bicycle,
5151 foot, air, or horse patrol;
5252 (5) duties related to the transfer of prisoners; or
5353 (6) training duties, including participation in any
5454 training required by the officer's employer or supervisor or by the
5555 Texas Commission on Law Enforcement.
5656 (h) For the purpose of this section, a person [peace
5757 officer] is considered permanently disabled only if the chief
5858 administrative officer of the law enforcement agency, fire
5959 department, or other entity that employed the person [officer] at
6060 the time of the injury, as applicable, determines the person
6161 [officer] is permanently disabled and satisfies any requirement of
6262 an institution under Subsection (e).
6363 SECTION 3. The changes in law made by this Act apply to an
6464 exemption from tuition and fees beginning with the 2019 fall
6565 semester.
6666 SECTION 4. This Act takes effect immediately if it receives
6767 a vote of two-thirds of all the members elected to each house, as
6868 provided by Section 39, Article III, Texas Constitution. If this
6969 Act does not receive the vote necessary for immediate effect, this
7070 Act takes effect September 1, 2019.
71- ______________________________ ______________________________
72- President of the Senate Speaker of the House
73- I certify that H.B. No. 766 was passed by the House on April
74- 16, 2019, by the following vote: Yeas 132, Nays 3, 2 present, not
75- voting; that the House refused to concur in Senate amendments to
76- H.B. No. 766 on May 23, 2019, and requested the appointment of a
77- conference committee to consider the differences between the two
78- houses; and that the House adopted the conference committee report
79- on H.B. No. 766 on May 26, 2019, by the following vote: Yeas 143,
80- Nays 2, 2 present, not voting.
81- ______________________________
82- Chief Clerk of the House
83- I certify that H.B. No. 766 was passed by the Senate, with
84- amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
85- 0; at the request of the House, the Senate appointed a conference
86- committee to consider the differences between the two houses; and
87- that the Senate adopted the conference committee report on H.B. No.
88- 766 on May 26, 2019, by the following vote: Yeas 29, Nays 2.
89- ______________________________
90- Secretary of the Senate
91- APPROVED: __________________
92- Date
93- __________________
94- Governor
71+ * * * * *