1-1     By:  Kamel (Senate Sponsor - Cain)                     H.B. No. 640

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on Finance;

 1-4     May 18, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to exempting peace officers disabled in the line of duty

 1-9     from tuition and fees charged by a public institution of higher

1-10     education.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subchapter D, Chapter 54, Education Code, is

1-13     amended by adding Section 54.2041 to read as follows:

1-14           Sec. 54.2041.  DISABLED PEACE OFFICERS.  (a)  The governing

1-15     board of an institution of higher education may exempt a student

1-16     from the payment of tuition and required fees authorized by this

1-17     chapter for a course for which space is available if the student:

1-18                 (1)  is a resident of this state and has resided in

1-19     this state for the 12 months immediately preceding the beginning of

1-20     the semester or session for which an exemption is sought;

1-21                 (2)  is permanently disabled as a result of an injury

1-22     suffered during the performance of a duty as a peace officer of

1-23     this state or a political subdivision of this state; and

1-24                 (3)  is unable to continue employment as a peace

1-25     officer because of the disability.

1-26           (b)  A person may not receive an exemption under this section

1-27     for more than 12 semesters or sessions while the person is enrolled

1-28     in an undergraduate program or while the person is attending only

1-29     undergraduate courses.

1-30           (c)  A person may not receive an exemption under this section

1-31     if the person is enrolled in a master's degree program or is

1-32     attending postgraduate courses to meet the requirements of a

1-33     master's degree program and the person has previously received a

1-34     master's degree and received an exemption under this section for a

1-35     semester or session while attending a postgraduate course to meet

1-36     the requirements of the master's degree program.

1-37           (d)  A person may not receive an exemption under this section

1-38     if the person is enrolled in a doctoral degree program or is

1-39     attending postgraduate courses to meet the requirements of a

1-40     doctoral degree program and the person has previously received a

1-41     doctoral degree and received an exemption under this section for a

1-42     semester or session while attending a postgraduate course to meet

1-43     the requirements of the doctoral degree program.

1-44           (e)  A person must apply for an exemption in the manner

1-45     provided by the governing board of the institution.  The governing

1-46     board shall require an applicant for an exemption to submit

1-47     satisfactory evidence that the applicant is eligible for the

1-48     exemption.

1-49           (f)  The legislature, in an appropriations act, shall account

1-50     for the rates of tuition and fees authorized by Subsection (a) in a

1-51     way that does not increase the general revenue appropriations to

1-52     that institution.

1-53           (g)  In this section, "injury suffered during the performance

1-54     of a duty as a peace officer" means an injury occurring as a result

1-55     of the peace officer's performance of any of the following law

1-56     enforcement duties:

1-57                 (1)  traffic enforcement or traffic control duties,

1-58     including enforcement of traffic laws, investigation of vehicle

1-59     accidents, or directing traffic;

1-60                 (2)  pursuit, arrest, or search of a person reasonably

1-61     believed to have violated a law;

1-62                 (3)  investigation, including undercover investigation,

1-63     of a criminal act;

1-64                 (4)  patrol duties, including automobile, bicycle,

 2-1     foot, air, or horse patrol;

 2-2                 (5)  duties related to the transfer of prisoners; or

 2-3                 (6)  training duties, including participation in any

 2-4     training required by the officer's employer or supervisor  or by

 2-5     the Commission on Law Enforcement Officer Standards and Education.

 2-6           (h)  For the purpose of this section, a peace officer is

 2-7     considered permanently disabled only if the chief administrative

 2-8     officer of the law enforcement agency or other entity that employed

 2-9     the officer at the time of the injury determines the officer is

2-10     permanently disabled and satisfies any requirement of an

2-11     institution under Subsection (e).

2-12           SECTION 2.  This Act applies beginning with tuition and

2-13     required fees imposed for the fall semester of 1997.

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended,

2-19     and that this Act take effect and be in force from and after its

2-20     passage, and it is so enacted.

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