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. 2-21 * * * * *