By:  Ogden, Lucio                                      S.B. No. 474

                                A BILL TO BE ENTITLED

                                       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2-11     the term or semester executed a will that has not been revoked or

2-12     superseded indicating that the member is a resident of this state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.