MMA H.B. 640 75(R)BILL ANALYSIS


HIGHER EDUCATION
H.B. 640
By: Kamel
4-19-97
Committee Report (Amended)



BACKGROUND 

Peace officers serve and protect the citizens and communities of Texas.
Due to the hazardous nature of their job, peace officers at times become
permanently disabled in the line of duty and, in some cases, are unable to
continue their employment as a peace officer.  In these cases, an officer
may not have the educational background or needed experience for obtaining
employment in another field.  A disabled peace officer may need to obtain
the necessary education and background for beginning a new career by
attending a college or university.  

PURPOSE

H.B. 640 provides eligible disabled peace officers a tuition exemption to
attend state-supported institutions of higher education. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 54, Education Code, by adding
Section 54.2041 to read as follows: 
 Sec. 54.2041.  DISABLED PEACE OFFICERS.  (a)  Authorizes the governing
board of an institution to exempt a student from tuition and fees if the
student is: 
  (1) a resident of this state for 12 months prior to the semester or
session for which exemption is sought; 
  (2) permanently disabled as a result of an injury suffered during the
performance of duty as a peace officer of this state; and, 
  (3) unable to continue employment as a peace officer because of the
disability. 
(b) Prohibits a person from receiving an exemption for more than 12
semesters or sessions while as an undergraduate student. 
 (c) Prohibits a person from receiving an exemption if they are in a
master's degree program or attending postgraduate courses for a master's
degree program and have already received an exemption under this section. 
 (d) Prohibits a person from receiving an exemption if they are in a
doctoral degree program or attending postgraduate courses for a doctoral
degree program and have already received an exemption under this section. 
 (e) Requires that a person apply for an exemption as provided by the
governing board of the institution.  The governing board of an institution
determines what evidence of eligibility is required for an exemption. 
 (f) States that the legislature must account for the rates of tuition and
fees authorized by Subsection (a) in a way that does not increase the
general revenue appropriations to that institution. 

SECTION 2. Effective with tuition and fees for the fall semester, 1997

SECTION 3. Emergency clause.
 
EXPLANATION OF AMENDMENTS

Committee amendment number 1 would add language to Section 54.2041 that
would make the exemption contingent upon availability of space for a
course.  The amendment would also add two new subsections, (g) and (h).
Subsection (g) would further clarify the meaning of an "injury suffered
during the performance of a duty as a peace officer" by listing certain
law enforcement duties.  Subsection (h) would further clarify the meaning
of a peace officer that is considered permanently disabled by requiring
that the chief administrative officer at the time of the injury determines
the extent of the disability.