1-1  By:  Hochberg (Senate Sponsor - Ratliff)               H.B. No. 114
    1-2        (In the Senate - Received from the House April 3, 1995;
    1-3  April 4, 1995, read first time and referred to Committee on
    1-4  Education; May 17, 1995, reported favorably by the following vote:
    1-5  Yeas 9, Nays 0; May 17, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the testing and remedial education of certain students
    1-9  enrolling in public institutions of higher education.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 51.306(a)(1), Education Code, is amended
   1-12  to read as follows:
   1-13              (1)  "Board," <and> "institution of higher education,"
   1-14  and "private or independent institution of higher education" have
   1-15  the meanings assigned by Section 61.003 of this code.
   1-16        SECTION 2.  Section 51.306, Education Code, is amended by
   1-17  adding Subsections (q)-(s) to read as follows:
   1-18        (q)  This section does not apply to a student at an
   1-19  institution of higher education who:
   1-20              (1)  enrolls on a temporary basis in the institution of
   1-21  higher education; and
   1-22              (2)  is also enrolled in a private or independent
   1-23  institution of higher education or an out-of-state institution of
   1-24  higher education or has graduated from an institution of higher
   1-25  education, a private or independent institution of higher
   1-26  education, or an out-of-state institution of higher education.
   1-27        (r)  To receive an exemption under Subsection (q), a student
   1-28  must:
   1-29              (1)  if the student claims the exemption because the
   1-30  student is also enrolled in a private or independent institution of
   1-31  higher education or an out-of-state institution of higher
   1-32  education, present to the institution of higher education at which
   1-33  the student seeks the exemption as evidence of enrollment in the
   1-34  other institution:
   1-35                    (A)  a transcript, grade report, or paid fee
   1-36  receipt from the preceding semester; or
   1-37                    (B)  any other evidence acceptable to the
   1-38  institution of higher education as proof of enrollment in the other
   1-39  institution;
   1-40              (2)  if the student claims the exemption because the
   1-41  student has graduated from an institution of higher education, a
   1-42  private or independent institution of higher education, or an
   1-43  out-of-state institution of higher education, present to the
   1-44  institution of higher education at which the student seeks the
   1-45  exemption as evidence of graduation from the other institution a
   1-46  diploma or transcript; and
   1-47              (3)  sign a form stating that the student does not
   1-48  intend to enroll on a permanent basis in or receive a certificate
   1-49  or degree from the institution of higher education at which the
   1-50  student seeks the exemption.
   1-51        (s)  An exemption under Subsection (q) terminates if the
   1-52  student:
   1-53              (1)  enrolls on a permanent basis in the institution of
   1-54  higher education; or
   1-55              (2)  enrolls in a certificate or degree program at the
   1-56  institution of higher education.
   1-57        SECTION 3.  The importance of this legislation and the
   1-58  crowded condition of the calendars in both houses create an
   1-59  emergency and an imperative public necessity that the
   1-60  constitutional rule requiring bills to be read on three several
   1-61  days in each house be suspended, and this rule is hereby suspended,
   1-62  and that this Act take effect and be in force from and after its
   1-63  passage, and it is so enacted.
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