1-1 By: Ogden S.B. No. 474 1-2 (In the Senate - Filed February 6, 1997; February 11, 1997, 1-3 read first time and referred to Committee on Finance; 1-4 February 25, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 12, Nays 0; 1-6 February 25, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 474 By: Sibley 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the payment of resident tuition and fees at state 1-11 institutions of higher education by children and spouses of certain 1-12 military personnel and by certain former military personnel and 1-13 their children and spouses. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Section 54.058, Education Code, is amended by 1-16 adding Subsections (d) and (i) to read as follows: 1-17 (d) A spouse or child of a member of the Armed Forces of the 1-18 United States is entitled to pay the tuition fees and other fees or 1-19 charges provided for Texas residents for a term or semester at a 1-20 state institution of higher education if the member: 1-21 (1) at least one year preceding the first day of the 1-22 term or semester executed a document with the applicable military 1-23 service that is in effect on the first day of the term or semester 1-24 and that: 1-25 (A) indicates that the member's permanent 1-26 residence address is in Texas; and 1-27 (B) designates Texas as the member's place of 1-28 legal residence for income tax purposes; 1-29 (2) has been registered to vote in Texas for the year 1-30 preceding the first day of the term or semester; and 1-31 (3) satisfies at least one of the following 1-32 requirements: 1-33 (A) for the year preceding the first day of the 1-34 term or semester has owned real property in Texas and in that time 1-35 has not been delinquent in the payment of any taxes on the 1-36 property; 1-37 (B) has had an automobile registered in Texas 1-38 for the year preceding the first day of the term or semester; or 1-39 (C) at least one year preceding the first day of 1-40 the term or semester executed a will that has not been revoked or 1-41 superseded indicating that the member is a resident of this state 1-42 and deposited the will with the county clerk of the county of the 1-43 member's residence under Section 71, Texas Probate Code. 1-44 (i) A former member of the Armed Forces of the United States 1-45 or the former member's spouse or child is entitled to pay the 1-46 tuition fees and other fees or charges provided for Texas residents 1-47 for any term or semester at a state institution of higher education 1-48 that begins before the first anniversary of the member's separation 1-49 from the Armed Forces if the former member: 1-50 (1) has retired or been honorably discharged from the 1-51 Armed Forces; and 1-52 (2) has complied with the requirements of Subsection 1-53 (d). 1-54 SECTION 2. The change in law made by this Act applies 1-55 beginning with the fall term or semester in 1997. 1-56 SECTION 3. The importance of this legislation and the 1-57 crowded condition of the calendars in both houses create an 1-58 emergency and an imperative public necessity that the 1-59 constitutional rule requiring bills to be read on three several 1-60 days in each house be suspended, and this rule is hereby suspended, 1-61 and that this Act take effect and be in force from and after its 1-62 passage, and it is so enacted. 1-63 * * * * *