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.