S.B. No. 183
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 certificate or degree program to be pursued or
2-7 the professional enhancement from the course of study for that
2-8 certificate or degree program <and is a client of the agency, which
2-9 certification shall be deemed conclusive>;
2-10 (3) <(2)> a high school diploma or its equivalent;
2-11 (4) <(3) proof of good moral character, which may be
2-12 evidenced by> a letter of recommendation from the principal of the
2-13 high school attended by the deaf or blind individual <or, if the
2-14 high school no longer exists or if the principal cannot be located,
2-15 a letter of recommendation from the individual's clergyman>, a
2-16 public official, or some other responsible person who knows the
2-17 deaf or blind individual and is willing to serve as a reference
2-18 <attest to his good moral character>; and
2-19 (5) <(4)> proof that he meets all other entrance
2-20 requirements of the institution.
2-21 (c) The governing board of an institution may establish
2-22 special entrance requirements to fit the circumstances of deaf and
2-23 blind persons. <In order to obtain the maximum vocational benefits
2-24 of their college training, all deaf students applying for a tuition
2-25 exemption under this legislation shall cooperate with the
2-26 Commission for Rehabilitation, and all blind students applying for
2-27 a tuition exemption under this section shall cooperate with the
3-1 Texas Commission for the Blind. The Commission for Rehabilitation
3-2 and the Texas Commission for the Blind shall utilize all available
3-3 and appropriate resources at the institutions of higher education
3-4 to insure that deaf or blind students receive the maximum benefits
3-5 from college training for which tuition fee exemptions are claimed
3-6 under this Act.> The Texas <Commission for> Rehabilitation
3-7 Commission, the Texas Commission for the Blind, the Texas
3-8 Commission for the Deaf and Hearing Impaired, and the Texas Higher
3-9 Education Coordinating Board<, Texas College and University
3-10 System,> may develop any rules and procedures that these agencies
3-11 determine necessary for the efficient implementation of this
3-12 section.
3-13 (d) For the purposes of this section, a person is required
3-14 to present certification that the person is a "blind person" or a
3-15 "deaf person" as required under Subsection (b)(1) of this section
3-16 at the time the person initially enrolls at an institution of
3-17 higher education in the course of study designated by the person
3-18 under Subsection (b)(2) of this section. The certification is
3-19 valid for each semester that the person enrolls at that institution
3-20 in the designated course of study.
3-21 (e) A person who qualifies for an exemption under this
3-22 section is entitled to the exemption for each course in which the
3-23 person enrolls at an institution of higher education.
3-24 SECTION 3. This Act takes effect September 1, 1993.
3-25 SECTION 4. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.