1-1 AN ACT
1-2 relating to exempting peace officers disabled in the line of duty
1-3 from tuition and fees charged by a public institution of higher
1-4 education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 54, Education Code, is
1-7 amended by adding Section 54.2041 to read as follows:
1-8 Sec. 54.2041. DISABLED PEACE OFFICERS. (a) The governing
1-9 board of an institution of higher education may exempt a student
1-10 from the payment of tuition and required fees authorized by this
1-11 chapter for a course for which space is available if the student:
1-12 (1) is a resident of this state and has resided in
1-13 this state for the 12 months immediately preceding the beginning of
1-14 the semester or session for which an exemption is sought;
1-15 (2) is permanently disabled as a result of an injury
1-16 suffered during the performance of a duty as a peace officer of
1-17 this state or a political subdivision of this state; and
1-18 (3) is unable to continue employment as a peace
1-19 officer because of the disability.
1-20 (b) A person may not receive an exemption under this section
1-21 for more than 12 semesters or sessions while the person is enrolled
1-22 in an undergraduate program or while the person is attending only
1-23 undergraduate courses.
1-24 (c) A person may not receive an exemption under this section
2-1 if the person is enrolled in a master's degree program or is
2-2 attending postgraduate courses to meet the requirements of a
2-3 master's degree program and the person has previously received a
2-4 master's degree and received an exemption under this section for a
2-5 semester or session while attending a postgraduate course to meet
2-6 the requirements of the master's degree program.
2-7 (d) A person may not receive an exemption under this section
2-8 if the person is enrolled in a doctoral degree program or is
2-9 attending postgraduate courses to meet the requirements of a
2-10 doctoral degree program and the person has previously received a
2-11 doctoral degree and received an exemption under this section for a
2-12 semester or session while attending a postgraduate course to meet
2-13 the requirements of the doctoral degree program.
2-14 (e) A person must apply for an exemption in the manner
2-15 provided by the governing board of the institution. The governing
2-16 board shall require an applicant for an exemption to submit
2-17 satisfactory evidence that the applicant is eligible for the
2-18 exemption.
2-19 (f) The legislature, in an appropriations act, shall account
2-20 for the rates of tuition and fees authorized by Subsection (a) in a
2-21 way that does not increase the general revenue appropriations to
2-22 that institution.
2-23 (g) In this section, "injury suffered during the performance
2-24 of a duty as a peace officer" means an injury occurring as a result
2-25 of the peace officer's performance of any of the following law
2-26 enforcement duties:
2-27 (1) traffic enforcement or traffic control duties,
3-1 including enforcement of traffic laws, investigation of vehicle
3-2 accidents, or directing traffic;
3-3 (2) pursuit, arrest, or search of a person reasonably
3-4 believed to have violated a law;
3-5 (3) investigation, including undercover investigation,
3-6 of a criminal act;
3-7 (4) patrol duties, including automobile, bicycle,
3-8 foot, air, or horse patrol;
3-9 (5) duties related to the transfer of prisoners; or
3-10 (6) training duties, including participation in any
3-11 training required by the officer's employer or supervisor or by
3-12 the Commission on Law Enforcement Officer Standards and Education.
3-13 (h) For the purpose of this section, a peace officer is
3-14 considered permanently disabled only if the chief administrative
3-15 officer of the law enforcement agency or other entity that employed
3-16 the officer at the time of the injury determines the officer is
3-17 permanently disabled and satisfies any requirement of an
3-18 institution under Subsection (e).
3-19 SECTION 2. This Act applies beginning with tuition and
3-20 required fees imposed for the fall semester of 1997.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 640 was passed by the House on May
10, 1997, by the following vote: Yeas 140, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 640 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor