By: Turner S.B. No. 505 A BILL TO BE ENTITLED AN ACT 1-1 relating to full tuition exemption and partial lodging and board 1-2 fees exemption for Texas National Guard/ROTC students. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter D, Chapter 54, Education Code, is 1-5 amended by adding Section 54.212 to read as follows: 1-6 Sec. 54.212. TEXAS NATIONAL GUARD/ROTC STUDENTS. (a) In 1-7 this section: 1-8 (1) "Exempt student" means an undergraduate student 1-9 who meets all the requirements of Subsections (d) and (f). 1-10 (2) "Exemption" means exemption from tuition fees and 1-11 lodging and board as described in Subsections (b) and (c). 1-12 (3) "ROTC institution" means an institution of higher 1-13 education, as defined by Section 61.003, that maintains a Reserve 1-14 Officers' Training Corps (ROTC). 1-15 (4) "Tuition fees" includes all dues, fees, and 1-16 enrollment charges whatsoever for which exemptions may be lawfully 1-17 made, including correspondence courses, general property deposit 1-18 fees, and student services fees, but does not include fees or 1-19 charges for lodging, board, or clothing. 1-20 (b)(1) The governing boards of ROTC institutions shall, for 1-21 a period not to exceed four years, exempt from the payment of 1-22 tuition fees a student selected by the ROTC institution's selection 1-23 committee to receive such exemption. 2-1 (2) Participating ROTC institutions shall receive 2-2 reimbursement for exempted tuition fees, lodging, and board charges 2-3 and fees from appropriations made by the legislature. 2-4 (c) A student selected to receive an exemption from tuition 2-5 fees shall be exempt from the ROTC institution's fees and charges 2-6 for lodging and board for the first two years of enrollment. 2-7 (d) A student who is selected to receive an exemption under 2-8 Subsections (b) and (c) shall be required to: 2-9 (1) be admitted to the institution's Reserve Officers' 2-10 Training Corps program or be a participant in such a program; 2-11 (2) become a member of the Texas Army National Guard 2-12 or the Texas Air National Guard and maintain satisfactory 2-13 performance as prescribed by the adjutant general's department as a 2-14 member in good standing during the term of their contractual 2-15 obligation; 2-16 (3) possess and maintain from the date of enrollment 2-17 through completion of the degree program the academic and personal 2-18 conduct standards established by each ROTC institution; 2-19 (4) maintain a minimum full-time enrollment of 12 2-20 credit hours each semester, including military science courses; and 2-21 (5) accept a commission in the Texas National Guard as 2-22 a second lieutenant on graduation from the ROTC institution and 2-23 serve no less than four years as a commissioned officer. 2-24 (e)(1) A maximum of 150 students shall be selected each 2-25 academic year to receive an exemption. The Texas Higher Education 3-1 Coordinating Board, after consultation with representatives of the 3-2 governing boards of ROTC institutions and the adjutant general, 3-3 shall formulate and prescribe a plan governing the selection of 3-4 students desiring to qualify for exemption under this section and 3-5 the allocation of the exemptions available to each ROTC 3-6 institution. 3-7 (2) The adjutant general and each participating ROTC 3-8 institution shall make special efforts to recruit students for the 3-9 program that reflect the state's ethnic, gender, and racial 3-10 diversity. 3-11 (3) Each ROTC institution shall be allocated at least 3-12 two exempt students each academic year. The maximum number of 3-13 exempt students for each ROTC institution will be determined by the 3-14 percentage of the institution's Army and Air Force Reserve 3-15 Officers' Training Corps enrollment in relation to statewide Army 3-16 and Air Force Reserve Officers' Training Corps enrollment. 3-17 Percentages shall be calculated during the fall semester of every 3-18 odd-numbered year beginning September 1, 1995. In the event an 3-19 ROTC institution does not recruit its maximum percentage of exempt 3-20 students, the Texas Higher Education Coordinating Board shall be 3-21 informed by the ROTC institution of the number of excess exemptions 3-22 and shall allocate excess exemptions to ROTC institutions which 3-23 have attained maximum recruiting percentages but have additional 3-24 students who are qualified under Subsection (f) to receive the 3-25 exemption. 4-1 (f) Selection committees, consisting of three ROTC 4-2 institution representatives designated by the commissioner of 4-3 higher education, one of whom shall be a military science faculty 4-4 member and a commissioned officer of the Texas National Guard 4-5 appointed by the adjutant general, shall be established at ROTC 4-6 institutions to review applications of students who have applied 4-7 for the exemption and to determine which students qualify to 4-8 receive the exemption set forth in this section. Selection of 4-9 qualified students shall be based on the following factors: 4-10 (1) individual qualifications, with emphasis on the 4-11 leadership, communication, and organizational abilities and skills 4-12 required of commissioned officers; 4-13 (2) the financial need of the applicant; 4-14 (3) the state's ethnic, racial, and gender diversity; 4-15 and 4-16 (4) projected staffing requirements for the Texas 4-17 National Guard. 4-18 (g) Except in the case of an exempt student who is called 4-19 into active military service under Section 431.111, Government 4-20 Code, during the student's enrollment at an ROTC institution 4-21 exemption from tuition fees shall be limited to four years, and 4-22 exemption from lodging and board fees and charges shall be limited 4-23 to the first two years of enrollment at the institution. 4-24 Extensions of the exemption shall be granted for periods of active 4-25 military duty required of the student which occur during the 5-1 student's four-year exemption period. 5-2 (h)(1) In the event a student fails to maintain exempt 5-3 status as set forth in Subsection (d), the student shall be 5-4 required to: 5-5 (A) serve the remainder of the student's 5-6 contractual obligation as an enlisted member of the Texas National 5-7 Guard; or 5-8 (B) if unable or unwilling to fulfill the terms 5-9 of the contractual obligation, repay to the State of Texas the 5-10 amount of the exemption received for tuition fees, lodging, and 5-11 board charges and fees received by the student. Repayment must be 5-12 completed within five years after the date of the act or 5-13 circumstance that resulted in the student's ineligibility. 5-14 (2) The student's option shall be subject to approval 5-15 by the selection committee of the student's ROTC institution. 5-16 SECTION 2. The exemptions authorized under this Act shall be 5-17 available beginning with the 1996-1997 academic year. 5-18 SECTION 3. Implementation of the exemption program 5-19 authorized by this Act is contingent upon appropriations being made 5-20 by the legislature for the specified purposes of the program. 5-21 SECTION 4. The importance of this legislation and the 5-22 crowded condition of the calendars in both houses create an 5-23 emergency and an imperative public necessity that the 5-24 constitutional rule requiring bills to be read on three several 5-25 days in each house be suspended, and this rule is hereby suspended.