By Kamel, Bailey, Cuellar, Solis, Reyna of Dallas H.B. No. 640 75R3544 CAG-D A BILL TO BE ENTITLED 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 semester or session 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 SECTION 2. This Act applies beginning with tuition and 2-24 required fees imposed for the fall semester of 1997. 2-25 SECTION 3. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended, 3-3 and that this Act take effect and be in force from and after its 3-4 passage, and it is so enacted. 3-5 COMMITTEE AMENDMENT NO. 1 3-6 Amend H.B. No. 640 as follows: 3-7 (1) On page 1, line 11, strike "semester or session" and 3-8 substitute "course for which space is available". 3-9 (2) On page 2, between lines 22 and 23, insert the following 3-10 subsections: 3-11 (g) In this section, "injury suffered during the performance 3-12 of a duty as a peace officer" means an injury occurring as a result 3-13 of the peace officer's performance of any of the following law 3-14 enforcement duties: 3-15 (1) traffic enforcement or traffic control duties, 3-16 including enforcement of traffic laws, investigation of vehicle 3-17 accidents, or directing traffic; 3-18 (2) pursuit, arrest, or search of a person reasonably 3-19 believed to have violated a law; 3-20 (3) investigation, including undercover investigation, 3-21 of a criminal act; 3-22 (4) patrol duties, including automobile, bicycle, 3-23 foot, air, or horse patrol; 3-24 (5) duties related to the transfer of prisoners; or 3-25 (6) training duties, including participation in any 3-26 training required by the officer's employer or supervisor or by 3-27 the Commission on Law Enforcement Officer Standards and Education. 4-1 (h) For the purpose of this section, a peace officer is 4-2 considered permanently disabled only if the chief administrative 4-3 officer of the law enforcement agency or other entity that employed 4-4 the officer at the time of the injury determines the officer is 4-5 permanently disabled and satisfies any requirement of an 4-6 institution under Subsection (e). 4-7 75R10233 CAG-D Solis