By: Barrientos S.B. No. 183
73R2385 SOS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the tuition exemption at institutions of higher
1-3 education for students who are blind or deaf.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 54.205(a)(2) and (3), Education Code,
1-6 are amended to read as follows:
1-7 (2) "Blind person" means a person who is a "blind
1-8 disabled individual" as defined in Section 91.051(5), Human
1-9 Resources Code <5, Chapter 291, Acts of the 59th Texas Legislature,
1-10 Regular Session, 1965 (Article 3207c, Vernon's Texas Civil
1-11 Statutes), and who is eligible for the rehabilitation services of
1-12 the Texas Commission for the Blind>.
1-13 (3) "Deaf person" means a person whose sense of
1-14 hearing is nonfunctional, after all necessary medical treatment,
1-15 surgery, and use of hearing aids, for understanding normal
1-16 conversation <and who is eligible for the services of the Division
1-17 of Vocational Rehabilitation of the Texas Education Agency>.
1-18 SECTION 2. Section 54.205, Education Code, is amended by
1-19 amending Subsections (b) and (c) and adding Subsections (d) and (e)
1-20 to read as follows:
1-21 (b) A deaf or blind person who is a resident is entitled to
1-22 exemption from the payment of tuition fees at any institution of
1-23 higher education utilizing public funds if he presents:
1-24 (1) certification <by the appropriate state vocational
2-1 rehabilitation agency> that he is a "blind person" or a "deaf
2-2 person" as defined in Subsection (a) of this section, by the Texas
2-3 Rehabilitation Commission, Texas Commission for the Blind, or Texas
2-4 Commission for the Deaf and Hearing Impaired, as appropriate, in a
2-5 written statement, which certification is considered conclusive;
2-6 (2) a written statement of purpose from the person
2-7 that indicates the course of study to be followed <and is a client
2-8 of the agency, which certification shall be deemed conclusive>;
2-9 (3) <(2)> a high school diploma or its equivalent;
2-10 (4) <(3)> proof of good moral character, which may be
2-11 evidenced by a letter of recommendation from the principal of the
2-12 high school attended by the deaf or blind individual or, if the
2-13 high school no longer exists or if the principal cannot be located,
2-14 a letter of recommendation from the individual's clergyman, a
2-15 public official, or some other responsible person who knows the
2-16 deaf or blind individual and is willing to attest to his good moral
2-17 character; and
2-18 (5) <(4)> proof that he meets all other entrance
2-19 requirements of the institution.
2-20 (c) The governing board of an institution may establish
2-21 special entrance requirements to fit the circumstances of deaf and
2-22 blind persons. <In order to obtain the maximum vocational benefits
2-23 of their college training, all deaf students applying for a tuition
2-24 exemption under this legislation shall cooperate with the
2-25 Commission for Rehabilitation, and all blind students applying for
2-26 a tuition exemption under this section shall cooperate with the
2-27 Texas Commission for the Blind. The Commission for Rehabilitation
3-1 and the Texas Commission for the Blind shall utilize all available
3-2 and appropriate resources at the institutions of higher education
3-3 to insure that deaf or blind students receive the maximum benefits
3-4 from college training for which tuition fee exemptions are claimed
3-5 under this Act.> The Texas <Commission for> Rehabilitation
3-6 Commission, the Texas Commission for the Blind, the Texas
3-7 Commission for the Deaf and Hearing Impaired, and the Coordinating
3-8 Board, Texas College and University System, may develop any rules
3-9 and procedures that these agencies determine necessary for the
3-10 efficient implementation of this section.
3-11 (d) For the purposes of this section, a person is required
3-12 to present certification that the person is a "blind person" or a
3-13 "deaf person" as required under Subsection (b)(1) of this section
3-14 at the time the person initially enrolls at an institution of
3-15 higher education in the course of study designated by the person
3-16 under Subsection (b)(2) of this section. The certification is
3-17 valid for each semester that the person enrolls at that institution
3-18 in the designated course of study.
3-19 (e) A person who qualifies for an exemption under this
3-20 section is entitled to the exemption for each course in which the
3-21 person enrolls at an institution of higher 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.