| 2 | 7 | | |
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| 3 | 8 | | |
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| 4 | 9 | | A BILL TO BE ENTITLED |
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| 5 | 10 | | AN ACT |
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| 6 | 11 | | relating to the liability for unpaid tuition and fees at a public |
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| 7 | 12 | | institution of higher education due to a misclassification of |
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| 8 | 13 | | certain military personnel and their dependents. |
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| 9 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 15 | | SECTION 1. Subchapter D, Chapter 54, Education Code, is |
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| 11 | 16 | | amended by adding Section 54.3412 to read as follows: |
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| 12 | 17 | | Sec. 54.3412. LIABILITY FOR UNPAID TUITION AND REQUIRED |
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| 13 | 18 | | FEES DUE TO MISCLASSIFICATION AS TEXAS VETERAN, SPOUSE, OR |
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| 14 | 19 | | DEPENDENT. (a) An institution of higher education may elect to |
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| 15 | 20 | | collect all or part of any tuition, fees, or other required charges |
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| 16 | 21 | | for which a person was granted an exemption under Section 54.341 if |
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| 17 | 22 | | the person did not qualify for that exemption. The person is liable |
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| 18 | 23 | | for the amount of tuition, fees, and other required charges the |
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| 19 | 24 | | person would have paid to the institution without the exemption. |
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| 20 | 25 | | (b) The person shall pay the applicable amount to the |
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| 21 | 26 | | institution of higher education not later than the 30th day after |
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| 22 | 27 | | the date the person is notified of the person's liability for the |
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| 23 | 28 | | amount owed. After receiving the notice and until the amount is |
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| 24 | 29 | | paid in full, the person is not entitled to receive from the |
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| 25 | 30 | | institution a certificate or diploma, if not yet awarded on the date |
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| 26 | 31 | | of the notice, or official transcript that is based at least |
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| 27 | 32 | | partially on or includes credit for courses taken while the person |
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| 28 | 33 | | was erroneously granted an exemption under Section 54.341. |
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| 29 | 34 | | (c) The Texas Veterans Commission periodically shall audit |
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| 30 | 35 | | applications submitted by persons seeking an exemption from |
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| 31 | 36 | | tuition, fees, and other required charges under Section 54.341 to |
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| 32 | 37 | | verify qualifications for the exemptions under that section. The |
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| 33 | 38 | | commission shall ensure an audit under this subsection is conducted |
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| 34 | 39 | | in compliance with federal law regarding confidentiality of student |
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| 35 | 40 | | medical or educational information, including the Health Insurance |
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| 36 | 41 | | Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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| 37 | 42 | | et seq.) and the Family Educational Rights and Privacy Act of 1974 |
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| 38 | 43 | | (20 U.S.C. Section 1232g), and any state law relating to the privacy |
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| 39 | 44 | | of student information. The commission shall report the findings |
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| 40 | 45 | | of its audits to the applicable institutions of higher education. |
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| 41 | 46 | | SECTION 2. This Act takes effect September 1, 2019. |
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