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 Army National Guard/ROTC students. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 54, Education Code, is amended by adding 1-5 new Section 54.212, to read as follows: 1-6 Sec. 54.212. Texas Army National Guard/ROTC Students 1-7 (a) In this section: 1-8 (1) "exempt student" means a student who meets all the 1-9 requirements of Subsections (d) and (f). 1-10 (2) "ROTC institution" means an institution of higher 1-11 education, as defined by Sec. 61.003 of this code, that maintains 1-12 an Army Reserve Officers' Training Corps (ROTC). 1-13 (3) "tuition fees" includes all dues, fees and 1-14 enrollment charges whatsoever for which exemptions may be lawfully 1-15 made, including correspondence courses, general property deposit 1-16 fees, and student services fees, but does not include fees or 1-17 charges for lodging, board, or clothing. 1-18 (b) The governing boards of ROTC institutions shall, for a 1-19 period not to exceed four years, annually exempt from the payment 1-20 of tuition fees a student selected by the ROTC institution's 1-21 selection committee to receive such an exemption. 1-22 (c) A student selected to receive an exemption from tuition 1-23 fees shall be exempt from the ROTC institution's fees and charges 2-1 for lodging and board for the first two years of enrollment. 2-2 (d) A student who is selected to receive an exemption under 2-3 Subsections (b) and (c) of this section shall be required to: 2-4 (1) be admitted to the institution's Army Reserve 2-5 Officers' Training Corps program, or be a participant in such a 2-6 program; 2-7 (2) become a member of the Texas Army National Guard 2-8 from the date of enrollment through completion of the degree 2-9 program; 2-10 (3) possess and maintain from the date of enrollment 2-11 through completion of the degree program the academic and personal 2-12 conduct standards established by each ROTC institution; 2-13 (4) maintain a minimum full-time enrollment of twelve 2-14 credit hours each semester, including military science courses; and 2-15 (5) accept a commission in the Texas Army National 2-16 Guard as a second lieutenant upon graduation from the ROTC 2-17 institution and serve no less than four years as a commissioned 2-18 officer. 2-19 (e)(1) No more than two hundred and fifty students shall be 2-20 exempt under this section for any one semester. The Texas Higher 2-21 Education Coordinating Board, after consultation with 2-22 representatives of the governing boards of ROTC institutions, shall 2-23 formulate and prescribe a plan governing the selection of students 2-24 desiring to qualify for exemption under this section and the 2-25 allocation of the exemptions available to each ROTC institution. 3-1 (2) The maximum number of exempt students for each 3-2 ROTC institution will be determined by the percentage of the 3-3 institution's Army ROTC enrollment in relation to statewide Army 3-4 ROTC enrollment. Percentages shall be calculated every odd 3-5 numbered year, beginning September 1, 1995. In the event an ROTC 3-6 institution does not recruit its maximum percentage of exempt 3-7 students, the Texas Higher Education Coordination Board shall be 3-8 informed by the ROTC institutions of the number of excess 3-9 exemptions and shall allocate excess exemptions to ROTC 3-10 institutions which have attained maximum recruiting percentages but 3-11 have additional students who are qualified under Subsection (f) to 3-12 receive the exemption. 3-13 (f) Selection committees consisting of three ROTC 3-14 institution representatives designated by the commissioner of 3-15 higher education, one of whom shall be a military science faculty 3-16 member, and a commissioned officer of the Texas Army National Guard 3-17 appointed by the adjutant general shall be established at ROTC 3-18 institutions to review applications of students who have applied 3-19 for the exemption, and to determine which students qualify to 3-20 receive the exemption set forth in the section. Selection of 3-21 qualified students shall be based upon the following factors: 3-22 (1) individual qualifications, with emphasis on the 3-23 leadership, communication and organizational abilities and skills 3-24 required of commissioned officers; 3-25 (2) the state's ethnic, racial and gender diversity; 4-1 and 4-2 (3) projected staffing requirements for the Texas 4-3 National Guard. 4-4 (g) Except in the case of an exempt student who is called 4-5 into active military service under Section 431.111 Government Code, 4-6 during the student's enrollment at an ROTC institution, exemption 4-7 from tuition fees shall be limited to four years, and exemption 4-8 from lodging and board fees and charges shall be limited to the 4-9 first two years of enrollment at the institution. Extensions of 4-10 exemption shall be granted for periods of active military duty 4-11 required of the student which occur during the student's four year 4-12 exemption period. 4-13 (h) In the event a student fails to maintain exempt status 4-14 as set forth in Subsection (b) of this section, the student shall 4-15 be required to either: 4-16 (1) serve four years as an enlisted member of the 4-17 Texas Army National Guard; or 4-18 (2) repay to the state of Texas the amount of the 4-19 exemption received for tuition fees, lodging and board charges and 4-20 fees, received by the student. Repayment must be completed within 4-21 five years after the date of the act or circumstance that resulted 4-22 in the student's ineligibility. 4-23 (3) the student's option shall be subject to approval 4-24 by the selection committee of the student's ROTC institution. 4-25 SECTION 2. The exemptions authorized under this section 5-1 shall be available beginning the 1996-97 academic year. 5-2 SECTION 3. The importance of this legislation and the 5-3 crowded condition of the calendars in both houses create an 5-4 emergency and an imperative public necessity that the 5-5 constitutional rule requiring bills to be read on three several 5-6 days in each house be suspended, and this rule is hereby suspended.