By Kamel                                         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.