1-1 By: Barrientos S.B. No. 183
1-2 (In the Senate - Filed January 26, 1993; January 27, 1993,
1-3 read first time and referred to Committee on Education;
1-4 February 17, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 8, Nays 0; February 17, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 COMMITTEE AMENDMENT NO. 1 By: Luna
1-20 Amend S.B. 183 by inserting the following between the word "course"
1-21 and "in" on page 2, line 30.
1-22 "in a degree program"
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the tuition exemption at institutions of higher
1-26 education for students who are blind or deaf.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Subdivisions (2) and (3), Subsection (a), Section
1-29 54.205, Education Code, are amended to read as follows:
1-30 (2) "Blind person" means a person who is a "blind
1-31 disabled individual" as defined in Section 91.051(5), Human
1-32 Resources Code <5, Chapter 291, Acts of the 59th Texas Legislature,
1-33 Regular Session, 1965 (Article 3207c, Vernon's Texas Civil
1-34 Statutes), and who is eligible for the rehabilitation services of
1-35 the Texas Commission for the Blind>.
1-36 (3) "Deaf person" means a person whose sense of
1-37 hearing is nonfunctional, after all necessary medical treatment,
1-38 surgery, and use of hearing aids, for understanding normal
1-39 conversation <and who is eligible for the services of the Division
1-40 of Vocational Rehabilitation of the Texas Education Agency>.
1-41 SECTION 2. Section 54.205, Education Code, is amended by
1-42 amending Subsections (b) and (c) and adding Subsections (d) and (e)
1-43 to read as follows:
1-44 (b) A deaf or blind person who is a resident is entitled to
1-45 exemption from the payment of tuition fees at any institution of
1-46 higher education utilizing public funds if he presents:
1-47 (1) certification <by the appropriate state vocational
1-48 rehabilitation agency> that he is a "blind person" or a "deaf
1-49 person" as defined in Subsection (a) of this section, by the Texas
1-50 Rehabilitation Commission, Texas Commission for the Blind, or Texas
1-51 Commission for the Deaf and Hearing Impaired, as appropriate, in a
1-52 written statement, which certification is considered conclusive;
1-53 (2) a written statement of purpose from the person
1-54 that indicates the course of study to be followed <and is a client
1-55 of the agency, which certification shall be deemed conclusive>;
1-56 (3) <(2)> a high school diploma or its equivalent;
1-57 (4) <(3)> proof of good moral character, which may be
1-58 evidenced by a letter of recommendation from the principal of the
1-59 high school attended by the deaf or blind individual or, if the
1-60 high school no longer exists or if the principal cannot be located,
1-61 a letter of recommendation from the individual's clergyman, a
1-62 public official, or some other responsible person who knows the
1-63 deaf or blind individual and is willing to attest to his good moral
1-64 character; and
1-65 (5) <(4)> proof that he meets all other entrance
1-66 requirements of the institution.
1-67 (c) The governing board of an institution may establish
1-68 special entrance requirements to fit the circumstances of deaf and
2-1 blind persons. <In order to obtain the maximum vocational benefits
2-2 of their college training, all deaf students applying for a tuition
2-3 exemption under this legislation shall cooperate with the
2-4 Commission for Rehabilitation, and all blind students applying for
2-5 a tuition exemption under this section shall cooperate with the
2-6 Texas Commission for the Blind. The Commission for Rehabilitation
2-7 and the Texas Commission for the Blind shall utilize all available
2-8 and appropriate resources at the institutions of higher education
2-9 to insure that deaf or blind students receive the maximum benefits
2-10 from college training for which tuition fee exemptions are claimed
2-11 under this Act.> The Texas <Commission for> Rehabilitation
2-12 Commission, the Texas Commission for the Blind, the Texas
2-13 Commission for the Deaf and Hearing Impaired, and the Coordinating
2-14 Board, Texas College and University System, may develop any rules
2-15 and procedures that these agencies determine necessary for the
2-16 efficient implementation of this section.
2-17 (d) For the purposes of this section, a person is required
2-18 to present certification that the person is a "blind person" or a
2-19 "deaf person" as required under Subsection (b)(1) of this section
2-20 at the time the person initially enrolls at an institution of
2-21 higher education in the course of study designated by the person
2-22 under Subsection (b)(2) of this section. The certification is
2-23 valid for each semester that the person enrolls at that institution
2-24 in the designated course of study.
2-25 (e) A person who qualifies for an exemption under this
2-26 section is entitled to the exemption for each course in which the
2-27 person enrolls at an institution of higher education.
2-28 SECTION 3. This Act takes effect September 1, 1993.
2-29 SECTION 4. The importance of this legislation and the
2-30 crowded condition of the calendars in both houses create an
2-31 emergency and an imperative public necessity that the
2-32 constitutional rule requiring bills to be read on three several
2-33 days in each house be suspended, and this rule is hereby suspended.
2-34 * * * * *
2-35 Austin,
2-36 Texas
2-37 February 17,
2-38 1993
2-39 Hon. Bob Bullock
2-40 President of the Senate
2-41 Sir:
2-42 We, your Committee on Education to which was referred S.B. No. 183,
2-43 have had the same under consideration, and I am instructed to
2-44 report it back to the Senate with the recommendation that it do
2-45 pass, as amended, and be printed.
2-46 Ratliff,
2-47 Chairman
2-48 * * * * *
2-49 WITNESSES
2-50 FOR AGAINST ON
2-51 ___________________________________________________________________
2-52 Name: Tommy Craig x
2-53 Representing: Natl. Federation of the
2-54 Blind
2-55 City: Austin
2-56 -------------------------------------------------------------------
2-57 Name: Ralph H. White x
2-58 Representing: TX. Commission for the Deaf
2-59 City: Austin
2-60 -------------------------------------------------------------------
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: Billy Collins x
2-64 Representing: TX. Commission for the Deaf
2-65 City: Austin
2-66 -------------------------------------------------------------------
2-67 Name: Texana Faulk Conn x
2-68 Representing: TX. Commission for the Deaf
2-69 City: Austin
2-70 -------------------------------------------------------------------
3-1 Name: Mack Adams x
3-2 Representing: Asst. Commissioner for
3-3 Student
3-4 City: Austin
3-5 -------------------------------------------------------------------
3-6 Name: Jennifer Berg x
3-7 Representing: Tx Comm. for Deaf and Hear.
3-8 City: Austin
3-9 -------------------------------------------------------------------