1 | 1 | | 89R1329 CXP-D |
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2 | 2 | | By: Lujan H.B. No. 1634 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to tuition and fee exemptions at public institutions of |
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10 | 10 | | higher education for certain students who were under the |
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11 | 11 | | conservatorship of the Department of Family and Protective |
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12 | 12 | | Services. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Sections 54.366(a), (b), and (c), Education |
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15 | 15 | | Code, are amended to read as follows: |
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16 | 16 | | (a) A student is exempt from the payment of tuition and fees |
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17 | 17 | | authorized in this chapter, including tuition and fees charged by |
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18 | 18 | | an institution of higher education for a dual credit course or other |
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19 | 19 | | course for which a high school student may earn joint high school |
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20 | 20 | | and college credit, if the student[: |
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21 | 21 | | [(1)] was under the conservatorship of the Department |
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22 | 22 | | of Family and Protective Services: |
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23 | 23 | | (1) [(A)] on the day preceding the student's 18th |
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24 | 24 | | birthday; |
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25 | 25 | | (2) [(B)] on or after the day of the student's 14th |
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26 | 26 | | birthday, if the student was also eligible for adoption on or after |
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27 | 27 | | that day; |
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28 | 28 | | (3) [(C)] on the day the student graduated from high |
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29 | 29 | | school or received the equivalent of a high school diploma; |
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30 | 30 | | (4) [(D)] on the day preceding: |
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31 | 31 | | (A) [(i)] the date the student is adopted, if |
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32 | 32 | | that date is on or after September 1, 2009; or |
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33 | 33 | | (B) [(ii)] the date permanent managing |
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34 | 34 | | conservatorship of the student is awarded to a person other than the |
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35 | 35 | | student's parent, if that date is on or after September 1, 2009; or |
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36 | 36 | | (5) [(E)] during an academic term in which the student |
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37 | 37 | | was enrolled in a dual credit course or other course for which a |
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38 | 38 | | high school student may earn joint high school and college credit[; |
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39 | 39 | | and |
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40 | 40 | | [(2) enrolls in an institution of higher education as |
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41 | 41 | | an undergraduate student or in a dual credit course or other course |
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42 | 42 | | for which a high school student may earn joint high school and |
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43 | 43 | | college credit not later than the student's 25th birthday]. |
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44 | 44 | | (b) The Texas Education Agency and the Texas Higher |
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45 | 45 | | Education Coordinating Board shall develop outreach programs to |
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46 | 46 | | ensure that students in the conservatorship of the Department of |
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47 | 47 | | Family and Protective Services and in grades 7 through 12 [9-12] are |
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48 | 48 | | aware of the availability of the exemption from the payment of |
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49 | 49 | | tuition and fees provided by this section. The outreach programs |
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50 | 50 | | must include the provision of informational materials regarding the |
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51 | 51 | | exemption to each: |
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52 | 52 | | (1) residential child-care facility as defined by |
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53 | 53 | | Section 42.002, Human Resources Code; |
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54 | 54 | | (2) foster parent or relative or other designated |
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55 | 55 | | caregiver for a student enrolled in grades 7 through 12; and |
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56 | 56 | | (3) school district, open-enrollment charter school, |
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57 | 57 | | and private school offering grade seven or above. |
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58 | 58 | | (c) Notwithstanding Subsection (a) [(a)(1)], a child who |
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59 | 59 | | exits the conservatorship of the Department of Family and |
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60 | 60 | | Protective Services and is returned to the child's parent, |
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61 | 61 | | including a parent whose parental rights were previously |
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62 | 62 | | terminated, may be exempt from the payment of tuition and fees if |
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63 | 63 | | the department determines that the child is eligible under |
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64 | 64 | | department rule. The executive commissioner of the Health and |
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65 | 65 | | Human Services Commission shall by rule develop factors for |
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66 | 66 | | determining eligibility under this subsection in consultation with |
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67 | 67 | | the department and the Texas Higher Education Coordinating Board. |
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68 | 68 | | SECTION 2. Section 54.367(b), Education Code, is amended to |
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69 | 69 | | read as follows: |
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70 | 70 | | (b) The Texas Education Agency and the Texas Higher |
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71 | 71 | | Education Coordinating Board shall develop outreach programs to |
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72 | 72 | | ensure that adopted students in grades 7 through 12 [9-12] formerly |
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73 | 73 | | in foster or other residential care are aware of the availability of |
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74 | 74 | | the exemption from the payment of tuition and fees provided by this |
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75 | 75 | | section. The outreach programs must include the provision of |
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76 | 76 | | informational materials regarding the exemption to each: |
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77 | 77 | | (1) residential child-care facility as defined by |
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78 | 78 | | Section 42.002, Human Resources Code; |
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79 | 79 | | (2) adoptive parent of a student in grades 7 through 12 |
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80 | 80 | | who was formerly in foster or other residential care; and |
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81 | 81 | | (3) school district, open-enrollment charter school, |
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82 | 82 | | and private school offering grade seven or above. |
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83 | 83 | | SECTION 3. Subchapter D, Chapter 54, Education Code, is |
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84 | 84 | | amended by adding Section 54.3671 to read as follows: |
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85 | 85 | | Sec. 54.3671. STREAMLINED ELIGIBILITY DETERMINATION AND |
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86 | 86 | | APPLICATION PROCESS FOR CERTAIN STUDENTS. The Texas Higher |
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87 | 87 | | Education Coordinating Board and the Department of Family and |
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88 | 88 | | Protective Services shall jointly design and implement a |
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89 | 89 | | streamlined eligibility determination and application process for |
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90 | 90 | | the tuition and fee exemptions provided by Sections 54.366 and |
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91 | 91 | | 54.367. The streamlined process must: |
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92 | 92 | | (1) be designed to decrease the administrative burden |
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93 | 93 | | on the department and students in determining exemption eligibility |
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94 | 94 | | by reducing data collection, data entry, and the copying and |
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95 | 95 | | recopying of applications; |
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96 | 96 | | (2) include a system through which a student may apply |
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97 | 97 | | for an exemption electronically through the department's Internet |
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98 | 98 | | website; and |
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99 | 99 | | (3) for a student determined by the department to be |
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100 | 100 | | eligible for an exemption, provide for the automatic submission by |
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101 | 101 | | the department to the institution of higher education indicated by |
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102 | 102 | | the student of the tuition waiver letter or other documentation |
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103 | 103 | | required by the institution to verify the student's eligibility. |
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104 | 104 | | SECTION 4. The changes in law made by this Act to Section |
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105 | 105 | | 54.366, Education Code, apply beginning with tuition and fees |
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106 | 106 | | charged for the 2025 fall semester. Tuition and fees charged for a |
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107 | 107 | | term or semester before the 2025 fall semester are governed by the |
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108 | 108 | | law in effect immediately before the effective date of this Act, and |
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109 | 109 | | the former law is continued in effect for that purpose. |
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110 | 110 | | SECTION 5. This Act takes effect immediately if it receives |
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111 | 111 | | a vote of two-thirds of all the members elected to each house, as |
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112 | 112 | | provided by Section 39, Article III, Texas Constitution. If this |
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113 | 113 | | Act does not receive the vote necessary for immediate effect, this |
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114 | 114 | | Act takes effect September 1, 2025. |
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