By Cuellar H.B. No. 178 76R214 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to tuition and fee exemptions for the children of certain 1-3 classroom teachers or school librarians enrolled at a public 1-4 institution of higher education. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 54, Education Code, is 1-7 amended by adding Section 54.219 to read as follows: 1-8 Sec. 54.219. CHILDREN OF CLASSROOM TEACHERS AND LIBRARIANS. 1-9 (a) The governing board of each institution of higher education 1-10 shall exempt a person who is a resident of this state and a child 1-11 of an eligible classroom teacher or librarian from the payment of 1-12 all tuition or all tuition and required fees when the child is 1-13 enrolled as an undergraduate student at the institution. 1-14 (b) To be eligible for an exemption from the payment of all 1-15 tuition, a person must be a child of a person who at the beginning 1-16 of the semester or other equivalent academic session for which an 1-17 exemption is sought has 10 or more years of experience as a 1-18 classroom teacher or full-time librarian in the public schools in 1-19 this state or as a full-time teacher or librarian in the public 1-20 schools of another state, not including experience as a teaching 1-21 aide or administrator, and: 1-22 (1) is employed as a classroom teacher or full-time 1-23 librarian in a public school in this state; or 1-24 (2) has contracted to work as a classroom teacher or 2-1 full-time librarian in a public school in this state during all or 2-2 part of that semester or session or, if the child is enrolled for a 2-3 summer semester or session, has contracted to work as a classroom 2-4 teacher or full-time librarian in the public schools in this state 2-5 during the next school year. 2-6 (c) To be eligible for an exemption from the payment of all 2-7 tuition and required fees, a person must be a child of a person who 2-8 at the beginning of the semester or other equivalent academic 2-9 session for which an exemption is sought has 15 or more years of 2-10 experience as a classroom teacher or full-time librarian in the 2-11 public schools in this state or as a full-time teacher or librarian 2-12 in the public schools of another state, not including experience as 2-13 a teaching aide or administrator, and: 2-14 (1) is employed as a classroom teacher or full-time 2-15 librarian in a public school in this state; or 2-16 (2) has contracted to work as a classroom teacher or 2-17 full-time librarian in a public school in this state during all or 2-18 part of that semester or session or, if the child is enrolled for a 2-19 summer semester or session, has contracted to work as a classroom 2-20 teacher or librarian in this state during the next school year. 2-21 (d) A person is not eligible for an exemption under this 2-22 section if the person: 2-23 (1) has previously received an exemption under this 2-24 section for 10 semesters or other equivalent academic sessions at 2-25 any institution or institutions of higher education; or 2-26 (2) has received a baccalaureate degree. 2-27 (e) For purposes of Subsection (d), a summer term or other 3-1 academic session that is less than nine weeks in duration is 3-2 considered one-half of a regular semester or equivalent academic 3-3 session. 3-4 (f) A person attending an institution of higher education 3-5 who becomes eligible to receive an exemption from tuition under 3-6 Subsection (b) is eligible for a refund of the amount of money the 3-7 person paid to any institution of higher education for tuition as a 3-8 resident student in the three-year period preceding the beginning 3-9 of the first semester or session for which the person receives the 3-10 exemption. 3-11 (g) A person attending an institution of higher education 3-12 who becomes eligible to receive an exemption from tuition and fees 3-13 under Subsection (c) is eligible for a refund of the amount of 3-14 money the person paid to any institution of higher education for 3-15 tuition and fees as a resident student in the three-year period 3-16 preceding the beginning of the first semester or session for which 3-17 the person receives the exemption. 3-18 (h) To receive a refund under Subsection (f) or (g), the 3-19 person must apply to the institution from which the refund is 3-20 sought before the expiration of one year after the person becomes 3-21 eligible for the refund. The institution shall pay the refund from 3-22 any available funds of the institution. 3-23 (i) The Texas Higher Education Coordinating Board shall 3-24 adopt: 3-25 (1) rules governing the granting or denial of an 3-26 exemption under this section, including rules relating to the 3-27 determination of eligibility for an exemption or for a refund of 4-1 tuition or fees previously paid; and 4-2 (2) a uniform application form for an exemption under 4-3 this section. 4-4 (j) An appropriation made to an institution of higher 4-5 education in any biennium should be adjusted to take into 4-6 consideration any tuition or fees exempted or any refund of tuition 4-7 or fees made in the preceding biennium under this section. 4-8 (k) In this section: 4-9 (1) "Child" means a child of any age, including an 4-10 adult child. The term includes an adopted child. 4-11 (2) "Classroom teacher" has the meaning assigned by 4-12 Section 5.001. 4-13 SECTION 2. (a) Except as provided by Subsection (b), this 4-14 Act takes effect beginning with the fall semester in 2000. 4-15 (b) The Texas Higher Education Coordinating Board shall 4-16 adopt rules and forms relating to the exemption of the children of 4-17 classroom teachers and school librarians under Section 54.219, 4-18 Education Code, as added by this Act, not later than January 1, 4-19 2000. 4-20 SECTION 3. The importance of this legislation and the 4-21 crowded condition of the calendars in both houses create an 4-22 emergency and an imperative public necessity that the 4-23 constitutional rule requiring bills to be read on three several 4-24 days in each house be suspended, and this rule is hereby suspended, 4-25 and that this Act take effect and be in force from and after its 4-26 passage, and it is so enacted.