S.B. No. 114
AN ACT
1-1 relating to exempting certain veterans of the armed forces, the
1-2 surviving children of certain members of the armed forces, and
1-3 other persons with military-related service from tuition, fees, and
1-4 charges at public institutions of higher education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 54.203, Education Code, is amended to
1-7 read as follows:
1-8 Sec. 54.203. Veterans, Dependents, Etc. (a) The governing
1-9 board of each institution of higher education shall exempt the
1-10 following persons from the payment of all dues, fees, and charges,
1-11 including fees for correspondence courses but excluding property
1-12 deposit fees, student services fees, and any fees or charges for
1-13 lodging, board, or clothing, provided the persons seeking the
1-14 exemptions <demonstrate financial need as defined by the Texas
1-15 Higher Education Coordinating Board,> were citizens of Texas at the
1-16 time they entered the services indicated<,> and have resided in
1-17 Texas for at least the period of 12 months before the date of
1-18 registration:
1-19 (1) all nurses and honorably discharged members of the
1-20 armed forces of the United States who served during the
1-21 Spanish-American War or during World War I;
1-22 (2) all nurses, members of the Women's Army Auxiliary
1-23 Corps, members of the Women's Auxiliary Volunteer Emergency
1-24 Service, and all honorably discharged members of the armed forces
2-1 of the United States who served during World War II except those
2-2 who were discharged from service because they were over the age of
2-3 38 or because of a personal request on the part of the person that
2-4 he be discharged from service;
2-5 (3) all honorably discharged men and women of the
2-6 armed forces of the United States who served during the national
2-7 emergency which began on June 27, 1950, and which is referred to as
2-8 the Korean War; and
2-9 (4) all persons who were honorably discharged from the
2-10 armed forces of the United States after serving on active military
2-11 duty, excluding training, for more than 180 days and who served a
2-12 portion of their active duty during:
2-13 (A) the Cold War which began on the date of the
2-14 termination of the national emergency cited in Subdivision (3) of
2-15 this subsection;
2-16 (B) the Vietnam era which began on December 21,
2-17 1961, and ended on May 7, 1975;
2-18 (C) the Grenada and Lebanon era which began on
2-19 August 24, 1982, and ended on July 31, 1984;
2-20 (D) the Panama era which began on December 20,
2-21 1989, and ended on January 21, 1990;
2-22 (E) the Persian Gulf War which began on
2-23 August 2, 1990, and ends on the date thereafter prescribed by
2-24 Presidential proclamation or September 1, 1997, whichever occurs
2-25 first; or
2-26 (F) any future national emergency declared in
2-27 accordance with federal law.
3-1 (b) The exemptions provided for in Subsection (a) of this
3-2 section also apply and inure to the benefit of the children of
3-3 members of the armed forces of the United States who are or were
3-4 killed in action, who die or died while in service, who are missing
3-5 in action, or whose death is documented to be directly caused by
3-6 illness or injury connected with service in the armed forces of the
3-7 United States, and to the benefit of orphans of members of the
3-8 Texas National Guard and the Texas Air National Guard killed since
3-9 January 1, 1946, while on active duty either in the service of
3-10 their state or the United States. However, to qualify for this
3-11 exemption a person must be a citizen of Texas<, must demonstrate
3-12 financial need as defined by the Texas Higher Education
3-13 Coordinating Board,> and must have resided in the state for at
3-14 least 12 months immediately preceding the date of the person's
3-15 <his> registration.
3-16 (c) The exemptions provided for in Subsection (a) of this
3-17 section shall not exceed a cumulative total of 150 credit hours.
3-18 (d) The governing board of each institution of higher
3-19 education granting exemptions shall require every applicant
3-20 claiming the benefit of an exemption to submit satisfactory
3-21 evidence that he fulfills the necessary citizenship and residency
3-22 requirements.
3-23 (e) <(d)> The exemption from fees provided for in Subsection
3-24 (a) of this section does not apply to a person if at the time of
3-25 his registration he is eligible for educational benefits under
3-26 federal legislation in effect at the time of his registration. A
3-27 person is covered by the exemptions if his right to benefits under
4-1 federal legislation is extinguished at the time of his
4-2 registration.
4-3 (f) <(e)> The governing board of each institution of higher
4-4 education may enter into contracts with the United States
4-5 government, or any of its agencies, to furnish instruction to
4-6 ex-servicemen and ex-service women at a tuition rate which covers
4-7 the estimated cost of the instruction or, in the alternative, at a
4-8 tuition rate of $100 a semester, as may be determined by the
4-9 governing board. If the rates specified are prohibited by federal
4-10 law for any particular class of ex-servicemen or ex-service women,
4-11 the tuition rate shall be set by the governing board, but shall not
4-12 be less than the established rate for civilian students. If
4-13 federal law provides as to any class of veterans that the tuition
4-14 payments are to be deducted from subsequent benefits to which the
4-15 veteran may be entitled, the institution shall refund to any
4-16 veteran who is a resident of Texas within the meaning of this
4-17 section the amount by which any adjusted compensation payment is
4-18 actually reduced because of tuition payments made to the
4-19 institution by the federal government for the veteran.
4-20 SECTION 2. This Act applies to tuition, fees, and charges
4-21 imposed beginning with the fall semester 1995.
4-22 SECTION 3. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended,
4-27 and that this Act take effect and be in force from and after its
5-1 passage, and it is so enacted.