By:  Barrientos                                        S.B. No. 183
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the tuition exemption at institutions of higher
    1-2  education for students who are blind or deaf.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subdivisions (2) and (3), Subsection (a), Section
    1-5  54.205, Education Code, are amended to read as follows:
    1-6              (2)  "Blind person" means a person who is a "blind
    1-7  disabled individual" as defined in Section 91.051(5), Human
    1-8  Resources Code <5, Chapter 291, Acts of the 59th Texas Legislature,
    1-9  Regular Session, 1965 (Article 3207c, Vernon's Texas Civil
   1-10  Statutes), and who is eligible for the rehabilitation services of
   1-11  the Texas Commission for the Blind>.
   1-12              (3)  "Deaf person" means a person whose sense of
   1-13  hearing is nonfunctional, after all necessary medical treatment,
   1-14  surgery, and use of hearing aids, for understanding normal
   1-15  conversation <and who is eligible for the services of the Division
   1-16  of Vocational Rehabilitation of the Texas Education Agency>.
   1-17        SECTION 2.  Section 54.205, Education Code, is amended by
   1-18  amending Subsections (b) and (c) and adding Subsections (d) and (e)
   1-19  to read as follows:
   1-20        (b)  A deaf or blind person who is a resident is entitled to
   1-21  exemption from the payment of tuition fees at any institution of
   1-22  higher education utilizing public funds if he presents:
   1-23              (1)  certification <by the appropriate state vocational
   1-24  rehabilitation agency> that he is a "blind person" or a "deaf
    2-1  person" as defined in Subsection (a) of this section, by the Texas
    2-2  Rehabilitation Commission, Texas Commission for the Blind, or Texas
    2-3  Commission for the Deaf and Hearing Impaired, as appropriate, in a
    2-4  written statement, which certification is considered conclusive;
    2-5              (2)  a written statement of purpose from the person
    2-6  that indicates the course of study to be followed <and is a client
    2-7  of the agency, which certification shall be deemed conclusive>;
    2-8              (3) <(2)>  a high school diploma or its equivalent;
    2-9              (4) <(3)>  proof of good moral character, which may be
   2-10  evidenced by a letter of recommendation from the principal of the
   2-11  high school attended by the deaf or blind individual or, if the
   2-12  high school no longer exists or if the principal cannot be located,
   2-13  a letter of recommendation from the individual's clergyman, a
   2-14  public official, or some other responsible person who knows the
   2-15  deaf or blind individual and is willing to attest to his good moral
   2-16  character; and
   2-17              (5) <(4)>  proof that he meets all other entrance
   2-18  requirements of the institution.
   2-19        (c)  The governing board of an institution may establish
   2-20  special entrance requirements to fit the circumstances of deaf and
   2-21  blind persons.  <In order to obtain the maximum vocational benefits
   2-22  of their college training, all deaf students applying for a tuition
   2-23  exemption under this legislation shall cooperate with the
   2-24  Commission for Rehabilitation, and all blind students applying for
   2-25  a tuition exemption under this section shall cooperate with the
   2-26  Texas Commission for the Blind.  The Commission for Rehabilitation
   2-27  and the Texas Commission for the Blind shall utilize all available
    3-1  and appropriate resources at the institutions of higher education
    3-2  to insure that deaf or blind students receive the maximum benefits
    3-3  from college training for which tuition fee exemptions are claimed
    3-4  under this Act.>  The Texas <Commission for> Rehabilitation
    3-5  Commission, the Texas Commission for the Blind, the Texas
    3-6  Commission for the Deaf and Hearing Impaired, and the Coordinating
    3-7  Board, Texas College and University System, may develop any rules
    3-8  and procedures that these agencies determine necessary for the
    3-9  efficient implementation of this section.
   3-10        (d)  For the purposes of this section, a person is required
   3-11  to present certification that the person is a "blind person" or a
   3-12  "deaf person" as required under Subsection (b)(1) of this section
   3-13  at the time the person initially enrolls at an institution of
   3-14  higher education in the course of study designated by the person
   3-15  under Subsection (b)(2) of this section.  The certification is
   3-16  valid for each semester that the person enrolls at that institution
   3-17  in the designated course of study.
   3-18        (e)  A person who qualifies for an exemption under this
   3-19  section is entitled to the exemption for each course in a degree
   3-20  program in which the person enrolls at an institution of higher
   3-21  education.
   3-22        SECTION 3.  This Act takes effect September 1, 1993.
   3-23        SECTION 4.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended.