H.B. No. 766
AN ACT
relating to exemptions for disabled peace officers and fire
fighters from payment of tuition and fees at public institutions of
higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 54.352, Education Code,
is amended to read as follows:
Sec. 54.352. DISABLED PEACE OFFICERS AND FIRE FIGHTERS [;
OPTIONAL EXEMPTION].
SECTION 2. Section 54.352, Education Code, is amended by
amending Subsections (a), (g), and (h) and adding Subsection (b-1)
to read as follows:
(a) The governing board of an institution of higher
education shall [may] exempt a student from the payment of tuition
and [required] fees [authorized by this chapter] for a course for
which space is available if the student:
(1) is a resident of this state and has resided in this
state for the 12 months immediately preceding the beginning of the
semester or session for which an exemption is sought;
(2) is permanently disabled as a result of an injury
suffered during the performance of a duty as:
(A) a peace officer of this state or a political
subdivision of this state; or
(B) a fire fighter, as defined by Section
614.001, Government Code, employed by this state or a political
subdivision of this state; and
(3) is unable to continue employment as a peace
officer or fire fighter because of the disability.
(b-1) Notwithstanding Subsection (a), the governing board
of an institution of higher education may not provide exemptions
under this section to students enrolled in a specific course in a
number that exceeds 20 percent of the maximum student enrollment
designated by the institution for that course.
(g) For the purpose of [In] this section, an injury is
suffered during the performance of a duty as a peace officer if the
injury occurs ["injury suffered during the performance of a duty as
a peace officer" means an injury occurring] as a result of the peace
officer's performance of any of the following law enforcement
duties:
(1) traffic enforcement or traffic control duties,
including enforcement of traffic laws, investigation of vehicle
accidents, or directing traffic;
(2) pursuit, arrest, or search of a person reasonably
believed to have violated a law;
(3) investigation, including undercover
investigation, of a criminal act;
(4) patrol duties, including automobile, bicycle,
foot, air, or horse patrol;
(5) duties related to the transfer of prisoners; or
(6) training duties, including participation in any
training required by the officer's employer or supervisor or by the
Texas Commission on Law Enforcement.
(h) For the purpose of this section, a person [peace
officer] is considered permanently disabled only if the chief
administrative officer of the law enforcement agency, fire
department, or other entity that employed the person [officer] at
the time of the injury, as applicable, determines the person
[officer] is permanently disabled and satisfies any requirement of
an institution under Subsection (e).
SECTION 3. The changes in law made by this Act apply to an
exemption from tuition and fees beginning with the 2019 fall
semester.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 766 was passed by the House on April
16, 2019, by the following vote: Yeas 132, Nays 3, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 766 on May 23, 2019, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 766 on May 26, 2019, by the following vote: Yeas 143,
Nays 2, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 766 was passed by the Senate, with
amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
766 on May 26, 2019, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor