By Counts                                        H.B. No. 269

      75R2297 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to exempting members of the Texas National Guard from

 1-3     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.  NATIONAL GUARD EXEMPTION.  (a)  The governing

 1-8     board of each institution of higher education shall exempt an

 1-9     eligible member of the Texas National Guard from the payment of all

1-10     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 National Guard for the entire semester or other academic

1-19     session for which an exemption is sought; and

1-20                 (3)  have enlisted or agreed to enlist for a period of

1-21     additional duty in the Texas National Guard as required by rule

1-22     adopted under Subsection (e).

1-23           (c)  A person is not eligible for an exemption under this

1-24     section if the person has:

 2-1                 (1)  previously received an exemption under this

 2-2     section for 12 semesters or other equivalent academic sessions; or

 2-3                 (2)  received a postgraduate or professional degree.

 2-4           (d)  A semester or other academic session in which the person

 2-5     withdrew from or failed to complete the courses in which the person

 2-6     was enrolled because the person was mobilized or called to active

 2-7     duty in connection with the person's service as a member of the

 2-8     Texas National Guard is not considered in determining the

 2-9     eligibility of the person under Subsection (c)(1) for an exemption.

2-10           (e)  The adjutant general by rule shall establish a

2-11     reasonable period of additional duty for which a member of the

2-12     Texas National Guard must enlist or agree to enlist for each

2-13     semester or other academic session for which the member receives an

2-14     exemption under this section.

2-15           (f)  In this section, "Texas National Guard" means the Texas

2-16     National Guard as defined and constituted under Chapter 431,

2-17     Government Code.

2-18           SECTION 2.  The change in law made by this Act takes effect

2-19     beginning with the fall semester in 1997.

2-20           SECTION 3.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended,

2-25     and that this Act take effect and be in force from and after its

2-26     passage, and it is so enacted.