By: Campbell S.B. No. 2317
A BILL TO BE ENTITLED
AN ACT
relating to the liability for unpaid tuition and fees at a public
institution of higher education due to a misclassification of
certain military personnel and their dependents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 54, Education Code, is
amended by adding Section 54.3412 to read as follows:
Sec. 54.3412. LIABILITY FOR UNPAID TUITION AND REQUIRED
FEES DUE TO MISCLASSIFICATION AS TEXAS VETERAN, SPOUSE, OR
DEPENDENT. (a) An institution of higher education may elect to
collect all or part of any tuition, fees, or other required charges
for which a person was granted an exemption under Section 54.341 if
the person did not qualify for that exemption. The person is liable
for the amount of tuition, fees, and other required charges the
person would have paid to the institution without the exemption.
(b) The person shall pay the applicable amount to the
institution of higher education not later than the 30th day after
the date the person is notified of the person's liability for the
amount owed. After receiving the notice and until the amount is
paid in full, the person is not entitled to receive from the
institution a certificate or diploma, if not yet awarded on the date
of the notice, or official transcript that is based at least
partially on or includes credit for courses taken while the person
was erroneously granted an exemption under Section 54.341.
(c) The Texas Veterans Commission periodically shall audit
applications submitted by persons seeking an exemption from
tuition, fees, and other required charges under Section 54.341 to
verify qualifications for the exemptions under that section. The
commission shall ensure an audit under this subsection is conducted
in compliance with federal law regarding confidentiality of student
medical or educational information, including the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
et seq.) and the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g), and any state law relating to the privacy
of student information. The commission shall report the findings
of its audits to the applicable institutions of higher education.
SECTION 2. This Act takes effect September 1, 2019.