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.