Texas 2021 - 87th Regular

Texas House Bill HB403 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2709 CXP-D
2	2	By: Hernandez H.B. No. 403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exempting certain individuals who are homeless from the
8	8	payment of tuition and fees at public institutions of higher
9	9	education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 54, Education Code, is
12	12	amended by adding Section 54.3671 to read as follows:
13	13	Sec. 54.3671. EXEMPTIONS FOR INDIVIDUALS WHO ARE HOMELESS.
14	14	(a) In this section, "individual who is homeless":
15	15	(1) means an individual who:
16	16	(A) lacks a fixed, regular, and adequate
17	17	nighttime residence; or
18	18	(B) has a primary nighttime residence that is:
19	19	(i) a supervised publicly or privately
20	20	operated shelter designed to provide temporary living
21	21	accommodations, including welfare hotels, congregate shelters, and
22	22	transitional housing for the mentally ill;
23	23	(ii) an institution that provides a
24	24	temporary residence for individuals intended to be
25	25	institutionalized; or
26	26	(iii) a public or private place not
27	27	designed for, or ordinarily used as, a regular sleeping
28	28	accommodation for human beings; and
29	29	(2) does not include an individual who is imprisoned
30	30	or otherwise detained in a correctional facility.
31	31	(b) Except as provided by Subsection (e), an institution of
32	32	higher education may exempt from the payment of tuition and fees
33	33	authorized in this chapter, including tuition and fees charged for
34	34	a dual credit course or other course for which a high school student
35	35	may earn joint high school and college credit, an individual who is
36	36	homeless if the individual:
37	37	(1) submits to the institution of higher education not
38	38	later than June 30 of each year, as prescribed by Texas Higher
39	39	Education Coordinating Board rule, a notarized affidavit:
40	40	(A) confirming the individual's status as an
41	41	individual who is homeless from:
42	42	(i) a high school or school district
43	43	homeless liaison or other employee of the school district in which
44	44	the individual is enrolled;
45	45	(ii) the director of an emergency shelter
46	46	or transitional housing program funded by the United States
47	47	Department of Housing and Urban Development;
48	48	(iii) the director of:
49	49	(a) a basic center for runaway and
50	50	homeless youth; or
51	51	(b) a transitional living program;
52	52	(iv) a state homeless education counselor,
53	53	if any;
54	54	(v) an employee of the National Center for
55	55	Homeless Education;
56	56	(vi) a third party, including a private or
57	57	publicly funded homeless shelter or service provider;
58	58	(vii) a college financial aid administrator
59	59	other than an administrator employed by the institution of higher
60	60	education;
61	61	(viii) an employee from a college access
62	62	program;
63	63	(ix) a counselor at a high school the
64	64	individual attended or a college counselor; or
65	65	(x) a mental health professional, social
66	66	worker, mentor, physician, or member of the clergy; and
67	67	(B) demonstrating financial need as determined
68	68	by Texas Higher Education Coordinating Board rule; and
69	69	(2) enrolls in the institution of higher education as
70	70	an undergraduate student or in a dual credit course or other course
71	71	for which a high school student may earn joint high school and
72	72	college credit not later than the individual's 25th birthday.
73	73	(c) A person may not charge a fee for providing or
74	74	notarizing the affidavit described by Subsection (b).
75	75	(d) An affidavit described by Subsection (b) may not be used
76	76	for an exemption under this section if the affidavit was signed more
77	77	than 60 days before the date the affidavit is submitted to an
78	78	institution of higher education under Subsection (b).
79	79	(e) An individual is not eligible for an exemption under
80	80	this section if the individual:
81	81	(1) has previously received an exemption under this
82	82	section for 10 semesters or summer sessions at any institution or
83	83	institutions of higher education;
84	84	(2) has received a baccalaureate degree; or
85	85	(3) is subject to the registration requirements of
86	86	Chapter 62, Code of Criminal Procedure.
87	87	SECTION 2. (a) Section 54.3671, Education Code, as added by
88	88	this Act, applies beginning with tuition and fees charged for the
89	89	2022 spring semester.
90	90	(b) The Texas Higher Education Coordinating Board shall
91	91	adopt rules to implement Section 54.3671, Education Code, as added
92	92	by this Act, as soon as practicable after the effective date of this
93	93	Act.
94	94	SECTION 3. This Act takes effect September 1, 2021.