H.B. No. 114
    1-1                                AN ACT
    1-2  relating to the testing and remedial education of certain students
    1-3  enrolling in public institutions of higher education.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 51.306(a)(1), Education Code, is amended
    1-6  to read as follows:
    1-7              (1)  "Board," <and> "institution of higher education,"
    1-8  and "private or independent institution of higher education" have
    1-9  the meanings assigned by Section 61.003 of this code.
   1-10        SECTION 2.  Section 51.306, Education Code, is amended by
   1-11  adding Subsections (q)-(s) to read as follows:
   1-12        (q)  This section does not apply to a student at an
   1-13  institution of higher education who:
   1-14              (1)  enrolls on a temporary basis in the institution of
   1-15  higher education; and
   1-16              (2)  is also enrolled in a private or independent
   1-17  institution of higher education or an out-of-state institution of
   1-18  higher education or has graduated from an institution of higher
   1-19  education, a private or independent institution of higher
   1-20  education, or an out-of-state institution of higher education.
   1-21        (r)  To receive an exemption under Subsection (q), a student
   1-22  must:
   1-23              (1)  if the student claims the exemption because the
   1-24  student is also enrolled in a private or independent institution of
    2-1  higher education or an out-of-state institution of higher
    2-2  education, present to the institution of higher education at which
    2-3  the student seeks the exemption as evidence of enrollment in the
    2-4  other institution:
    2-5                    (A)  a transcript, grade report, or paid fee
    2-6  receipt from the preceding semester; or
    2-7                    (B)  any other evidence acceptable to the
    2-8  institution of higher education as proof of enrollment in the other
    2-9  institution;
   2-10              (2)  if the student claims the exemption because the
   2-11  student has graduated from an institution of higher education, a
   2-12  private or independent institution of higher education, or an
   2-13  out-of-state institution of higher education, present to the
   2-14  institution of higher education at which the student seeks the
   2-15  exemption as evidence of graduation from the other institution a
   2-16  diploma or transcript; and
   2-17              (3)  sign a form stating that the student does not
   2-18  intend to enroll on a permanent basis in or receive a certificate
   2-19  or degree from the institution of higher education at which the
   2-20  student seeks the exemption.
   2-21        (s)  An exemption under Subsection (q) terminates if the
   2-22  student:
   2-23              (1)  enrolls on a permanent basis in the institution of
   2-24  higher education; or
   2-25              (2)  enrolls in a certificate or degree program at the
   2-26  institution of higher education.
   2-27        SECTION 3.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended,
    3-5  and that this Act take effect and be in force from and after its
    3-6  passage, and it is so enacted.