75R11722 CAG-D By Counts, Raymond, Turner of Coleman, H.B. No. 269 Finnell Substitute the following for H.B. No. 269: By Cuellar C.S.H.B. No. 269 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to exempting members of the Texas state military forces 1-3 from tuition charged by an institution of higher education. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 54, Education Code, is 1-6 amended by adding Section 54.2125 to read as follows: 1-7 Sec. 54.2125. TEXAS STATE MILITARY FORCES EXEMPTION. (a) 1-8 The governing board of each institution of higher education may 1-9 exempt an eligible member of the Texas state military forces from 1-10 the payment of all tuition. 1-11 (b) To be eligible for an exemption under this section, a 1-12 person must: 1-13 (1) have resided in this state for the 12 months 1-14 immediately preceding the beginning of the semester or other 1-15 academic session for which an exemption is sought; 1-16 (2) maintain satisfactory performance as prescribed by 1-17 the adjutant general's department as a member in good standing of 1-18 the Texas state military forces for the entire semester or other 1-19 academic session for which an exemption is sought; 1-20 (3) have enlisted or agreed to enlist for a period of 1-21 additional duty in the Texas state military forces as required by 1-22 rule adopted under Subsection (e); and 1-23 (4) be selected to receive an exemption by a method 1-24 established by the adjutant general. 2-1 (c) A person is not eligible for an exemption under this 2-2 section if the person has: 2-3 (1) previously received an exemption under this 2-4 section for 12 semesters or other equivalent academic sessions; or 2-5 (2) received a postgraduate or professional degree. 2-6 (d) A semester or other academic session in which the person 2-7 withdrew from or failed to complete the courses in which the person 2-8 was enrolled because the person was mobilized or called to active 2-9 duty in connection with the person's service as a member of the 2-10 Texas state military forces is not considered in determining the 2-11 eligibility of the person under Subsection (c)(1) for an exemption. 2-12 (e) The adjutant general by rule shall establish a 2-13 reasonable period of additional duty for which a member of the 2-14 Texas state military forces must enlist or agree to enlist for each 2-15 semester or other academic session for which the member receives an 2-16 exemption under this section. 2-17 (f) The adjutant general may not authorize more than 675 2-18 members of the Texas state military forces to receive exemptions 2-19 under this section in any semester or term. Not more than 50 of 2-20 the exemptions may be used exclusively for eligible members of the 2-21 Texas State Guard. The adjutant general shall make the remaining 2-22 exemptions and any exemptions not used by the Texas State Guard for 2-23 its members available to eligible members of the Texas National 2-24 Guard. Exemptions used by Texas National Guard members may only be 2-25 used by a member holding the rank of E3-E7, WO1-CW2, or O1-O3. 2-26 (g) In this section, "state military forces," "Texas 2-27 National Guard," and "Texas State Guard" refer to those entities as 3-1 defined and constituted under Chapter 431, Government Code. 3-2 SECTION 2. The change in law made by this Act takes effect 3-3 beginning with the fall semester in 1997. 3-4 SECTION 3. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended, 3-9 and that this Act take effect and be in force from and after its 3-10 passage, and it is so enacted.