1-1 By: Delco (Senate Sponsor - Shelley) H.B. No. 1356
1-2 (In the Senate - Received from the House April 21, 1993;
1-3 April 21, 1993, read first time and referred to Committee on
1-4 Education; May 6, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 May 6, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Ratliff x
1-10 Haley x
1-11 Barrientos x
1-12 Bivins x
1-13 Harris of Tarrant x
1-14 Luna x
1-15 Montford x
1-16 Shapiro x
1-17 Sibley x
1-18 Turner x
1-19 Zaffirini x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 1356 By: Harris of Tarrant
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to exempting certain persons from tuition, fees, and
1-24 charges at public institutions of higher education.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 54.203(a), Education Code, is amended to
1-27 read as follows:
1-28 (a) The governing board of each institution of higher
1-29 education shall exempt the following persons from the payment of
1-30 all dues, fees, and charges, including fees for correspondence
1-31 courses but excluding property deposit fees, student services fees,
1-32 and any fees or charges for lodging, board, or clothing, provided
1-33 the persons seeking the exemptions demonstrate financial need as
1-34 defined by the Texas Higher Education Coordinating Board, were
1-35 citizens of Texas at the time they entered the services indicated,
1-36 and have resided in Texas for at least the period of 12 months
1-37 before the date of registration:
1-38 (1) all nurses and honorably discharged members of the
1-39 armed forces of the United States who served during the
1-40 Spanish-American War or during World War I;
1-41 (2) all nurses, members of the Women's Army Auxiliary
1-42 Corps, members of the Women's Auxiliary Volunteer Emergency
1-43 Service, and all honorably discharged members of the armed forces
1-44 of the United States who served during World War II except those
1-45 who were discharged from service because they were over the age of
1-46 38 or because of a personal request on the part of the person that
1-47 he be discharged from service;
1-48 (3) all honorably discharged men and women of the
1-49 armed forces of the United States who served during the national
1-50 emergency which began on June 27, 1950, and which is referred to as
1-51 the Korean War; and
1-52 (4) all persons who were honorably discharged from the
1-53 armed forces of the United States after serving on active military
1-54 duty, excluding training, for more than 180 days during the Cold
1-55 War which began on the date of the termination of the national
1-56 emergency cited in Subdivision (3) of this subsection.
1-57 SECTION 2. Section 54.203(b), Education Code, is amended to
1-58 read as follows:
1-59 (b) The exemptions provided for in Subsection (a) of this
1-60 section also apply and inure to the benefit of the children of
1-61 members of the armed forces of the United States who are or were
1-62 killed in action, who die or died while in service, who are missing
1-63 in action, or whose death is documented to be directly caused by
1-64 illness or injury connected with service in the armed forces of the
1-65 United States <during World War II, the national emergency which
1-66 began on June 27, 1950, or the Cold War>, and to the benefit of
1-67 orphans of members of the Texas National Guard and the Texas Air
1-68 National Guard killed since January 1, 1946, while on active duty
2-1 either in the service of their state or the United States.
2-2 However, to qualify for this exemption a person must be a citizen
2-3 of Texas, must demonstrate financial need as defined by the Texas
2-4 Higher Education Coordinating Board, and must have resided in the
2-5 state for at least 12 months immediately preceding the date of his
2-6 registration.
2-7 SECTION 3. Subchapter D, Chapter 54, Education Code, is
2-8 amended by adding Section 54.211 to read as follows:
2-9 Sec. 54.211. EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER
2-10 RESIDENTIAL CARE. A student is exempt from the payment of tuition
2-11 and fees authorized in this chapter if the student:
2-12 (1) was in foster care or other residential care under
2-13 the conservatorship of the Department of Protective and Regulatory
2-14 Services on or after the day preceding the student's 18th birthday;
2-15 and
2-16 (2) enrolls in an institution of higher education as
2-17 an undergraduate student not later than the third anniversary of
2-18 the date the student was discharged from the foster or other
2-19 residential care.
2-20 SECTION 4. This Act applies to tuition, fees, and charges
2-21 beginning with the fall semester 1993.
2-22 SECTION 5. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
2-28 passage, and it is so enacted.
2-29 * * * * *
2-30 Austin,
2-31 Texas
2-32 May 6, 1993
2-33 Hon. Bob Bullock
2-34 President of the Senate
2-35 Sir:
2-36 We, your Committee on Education to which was referred H.B. No.
2-37 1356, have had the same under consideration, and I am instructed to
2-38 report it back to the Senate with the recommendation that it do not
2-39 pass, but that the Committee Substitute adopted in lieu thereof do
2-40 pass and be printed.
2-41 Ratliff,
2-42 Chairman
2-43 * * * * *
2-44 WITNESSES
2-45 FOR AGAINST ON
2-46 ___________________________________________________________________
2-47 Name: Mack Adams x
2-48 Representing: Higher Ed Coord Board
2-49 City: Austin
2-50 -------------------------------------------------------------------
2-51 Name: Thomas Chapmono x
2-52 Representing: TX Dept of Protctv & Reg Svc
2-53 City: Austin
2-54 -------------------------------------------------------------------
2-55 Name: Winifred Conlon x
2-56 Representing: TX State Foster Parents Inc.
2-57 City: Austin
2-58 -------------------------------------------------------------------
2-59 Name: Walter Hinojosa x
2-60 Representing: TX Federation of Teachers
2-61 City: Austin
2-62 -------------------------------------------------------------------
2-63 FOR AGAINST ON
2-64 ___________________________________________________________________
2-65 Name: Sandy Kibby x
2-66 Representing: Texas PTA
2-67 City: Austin
2-68 -------------------------------------------------------------------
2-69 Name: Rita Powell x
2-70 Representing: TX Assn of Licensed Chldr Svc
3-1 City: Austin
3-2 -------------------------------------------------------------------
3-3 Name: Marshall Wella x
3-4 Representing: Self
3-5 City: Austin
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