| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
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. Sections 54.352(a), (g), and (h), Education |
|
|
Code, are amended 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. |
|
|
(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. |