AN ACT 1-1 relating to the payment of resident tuition and fees at state 1-2 institutions of higher education by children and spouses of certain 1-3 military personnel and by certain former military personnel and 1-4 their children and spouses. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 54.058, Education Code, is amended by 1-7 adding Subsections (d) and (i) to read as follows: 1-8 (d) A spouse or dependent child of a member of the Armed 1-9 Forces of the United States, who is not assigned to duty in Texas 1-10 but who has previously resided in Texas for a 12-month period, is 1-11 entitled to pay the tuition fees and other fees or charges provided 1-12 for Texas residents for a term or semester at a state institution 1-13 of higher education if the member: 1-14 (1) at least one year preceding the first day of the 1-15 term or semester executed a document with the applicable military 1-16 service that is in effect on the first day of the term or semester 1-17 and that: 1-18 (A) indicates that the member's permanent 1-19 residence address is in Texas; and 1-20 (B) designates Texas as the member's place of 1-21 legal residence for income tax purposes; 1-22 (2) has been registered to vote in Texas for the 1-23 entire year preceding the first day of the term or semester; and 2-1 (3) satisfies at least one of the following 2-2 requirements: 2-3 (A) for the entire year preceding the first day 2-4 of the term or semester has owned real property in Texas and in 2-5 that time has not been delinquent in the payment of any taxes on 2-6 the property; 2-7 (B) has had an automobile registered in Texas 2-8 for the entire year preceding the first day of the term or 2-9 semester; or 2-10 (C) at least one year preceding the first day of 2-11 the term or semester executed a will that has not been revoked or 2-12 superseded indicating that the member is a resident of this state 2-13 and deposited the will with the county clerk of the county of the 2-14 member's residence under Section 71, Texas Probate Code. 2-15 (i) A former member of the Armed Forces of the United States 2-16 or the former member's spouse or dependent child is entitled to pay 2-17 the tuition fees and other fees or charges provided for Texas 2-18 residents for any term or semester at a state institution of higher 2-19 education that begins before the first anniversary of the member's 2-20 separation from the Armed Forces if the former member: 2-21 (1) has retired or been honorably discharged from the 2-22 Armed Forces; and 2-23 (2) has complied with the requirements of Subsection 2-24 (d). 2-25 SECTION 2. The change in law made by this Act applies 3-1 beginning with the fall term or semester in 1997. 3-2 SECTION 3. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended, 3-7 and that this Act take effect and be in force from and after its 3-8 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 474 passed the Senate on March 3, 1997, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 474 passed the House on May 26, 1997, by the following vote: Yeas 142, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor