BILL ANALYSIS S.B. 114 By: Rosson (Willis, Chisum, Naishtat, Raymond) 02-13-95 Committee Report (Amended) BACKGROUND H.B. 1356 from the 73rd Legislature, created a new exemption from tuition under certain circumstances. However, an amendment to the legislation was placed that inadvertently included a provision requiring veterans and children of veterans to show proof of financial need to qualify for tuition exemptions. The statutory changes made by H.B. 1356 are not being enforced because of pending opinions from the attorney general. PURPOSE S.B. 114 would remove the requirement that veterans (or the surviving children of certain members of the armed forces) would have to demonstrate financial need in order to qualify for tuition and fee exemptions from public institutions of higher education. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 54 D, Education Code, Sections 54.203(a) and (b), to read as follows: Sec. 54.203. VETERANS, DEPENDENTS, Etc. (a) Deletes the demonstration of financial need from the requirements necessary for a exemption from payment of dues, fees and charges of a public institution of higher education for certain veterans, surviving children of certain members of the armed forces, and other military-related persons. (b) Deletes the demonstration of financial need from the requirements necessary for a exemption from payment of dues, fees and charges of a public institution of higher education for certain veterans, surviving children of certain members of the armed forces, and other military-related persons. SECTION 2. Effective date: Fall, 1995. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENT Amends Section 1 (a) (4) to read as follows: All persons who were honorably discharged from the armed forces of the United States after serving on active military duty, excluding training, for more than 180 days and who are served a portion of their active duty during: the Vietnam era which began on December 21, 1961 and ended on May 7, 1975; or the Grenada and Lebanon era which began on August 24, 1982 and ended on July 31, 1994; or the Panama era which began on December 20, 1989 and ended on January 21, 1990; or the Persian era which began August 20, 1990 and ends on the date thereafter prescribed by Presidential proclamation or September 1, 1997, whichever occurs first; or any future national emergency declared in accordance with federal law. Amends Section 1 by adding Subsection (c) to read as follows: The exemptions provided for in Subsection (a) of this section shall not exceed a cumulative total of 150 credit hours. SUMMARY OF COMMITTEE ACTION S.B. 114 was considered by the committee in a public hearing on February 14, 1995. The chair recognized Representative Willis to explain the bill. The following persons testified in favor of the bill: Mr. Samuel Bier; and Mr. Sean McCann. The following person testified on the bill: Dr. Charles Zucker. The chair recognized Representative Naishtat in favor of the bill. The chair recognized Representative Raymond in favor of the bill. The bill was referred to a subcommittee consisting of Representative Ogden as chair and Representatives Goolsby and Rodriguez as members. S.B. 114 was considered by the subcommittee in a formal meeting on March 16, 1995. The subcommittee considered an amendment to the bill. The amendment was adopted by a record vote of 2 ayes, 1 nay, 0 pnv, 0 absent. The bill was reported favorably as amended to the full committee by a record vote of 3 ayes, 0 nays, 0 pnv, 0 absent. S.B. 114 was considered on subcommittee report by the committee in a public hearing on March 28, 1995. The following person testified in favor of the bill: Mr. Bill McLemore. The bill was left pending. S.B. 114 was considered by the committee in a public hearing on April 4, 1995. The committee considered an amendment to the bill. The amendment was adopted without objection by a non-record vote. The following person testified in favor of the bill: Mr. Bill McLemore. The bill was reported favorably as amended, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.