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.