AN ACT
1-1 relating to providing tuition payment assistance to certain members
1-2 of the state military forces attending public or private
1-3 institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 431, Government Code, is
1-6 amended by adding Section 431.090 to read as follows:
1-7 Sec. 431.090. TUITION ASSISTANCE. (a) Because the state
1-8 military forces are the state's only organized, trained, and
1-9 equipped military force under the direction of the governor
1-10 available to respond to natural and man-made disasters, tuition
1-11 assistance is provided under this section to eligible members of
1-12 the state military forces to encourage voluntary membership, to
1-13 improve the education level of its members, to diversify the
1-14 composition of the forces, and to enhance the state's workforce.
1-15 (b) In this section, "institution of higher education" and
1-16 "private or independent institution of higher education" have the
1-17 meanings assigned by Section 61.003, Education Code.
1-18 (c) To be eligible for tuition assistance under this
1-19 section, a person must:
1-20 (1) be a member in good standing, as certified by the
1-21 adjutant general, of the Texas Army National Guard, Texas Air
1-22 National Guard, or Texas State Guard who is:
1-23 (A) an enlisted member;
1-24 (B) a warrant officer of a grade from Warrant
2-1 Officer One through Chief Warrant Officer Three; or
2-2 (C) a commissioned officer of a grade from
2-3 Second Lieutenant through Captain; and
2-4 (2) meet any additional qualifications established by
2-5 the adjutant general to carry out the purposes of this section or
2-6 to further the institutional needs of the state military forces.
2-7 (d) The adjutant general shall grant tuition assistance
2-8 under this section to a number of eligible persons established by
2-9 the adjutant general, considering funds available for that
2-10 assistance and the needs of the state military forces. The
2-11 adjutant general may apportion the number of tuition assistance
2-12 awards among the components of the state military forces as the
2-13 adjutant general considers necessary to meet the recruitment and
2-14 retention needs of those components. The number of tuition
2-15 assistance awards made to members of the Texas State Guard may not
2-16 exceed 30 for any semester, unless the adjutant general finds a
2-17 compelling need for additional awards to members of the Texas State
2-18 Guard.
2-19 (e) Tuition assistance may be awarded under this section for
2-20 tuition charged for any undergraduate or graduate course at an
2-21 institution of higher education or private or independent
2-22 institution of higher education, including a vocational or
2-23 technical course.
2-24 (f) A person may not receive tuition assistance under this
2-25 section for:
2-26 (1) more than 12 semester credit hours in any
3-1 semester; or
3-2 (2) more than five academic years or 10 semesters,
3-3 whichever occurs first for the person.
3-4 (g) Before each semester at a time determined by the Texas
3-5 Higher Education Coordinating Board, the adjutant general shall
3-6 certify to the coordinating board a list of the persons to whom the
3-7 adjutant general has awarded tuition assistance under this section
3-8 for that semester. After receipt of the list, the coordinating
3-9 board shall determine whether sufficient money is available to fund
3-10 the tuition assistance awards under Section 54.2155, Education
3-11 Code. If the coordinating board determines that sufficient money
3-12 is not available, the board shall notify the adjutant general, who
3-13 shall reduce the number of awards according to the amount of money
3-14 available and certify to the coordinating board a revised list of
3-15 the persons to whom the adjutant general has awarded tuition
3-16 assistance.
3-17 SECTION 2. Subchapter D, Chapter 54, Education Code, is
3-18 amended by adding Section 54.2155 to read as follows:
3-19 Sec. 54.2155. PAYMENT OF TUITION ASSISTANCE FOR MEMBERS OF
3-20 STATE MILITARY FORCES. (a) In the manner established by the Texas
3-21 Higher Education Coordinating Board, for each semester the
3-22 coordinating board shall certify to institutions of higher
3-23 education information identifying the persons to whom the adjutant
3-24 general of the state military forces has awarded tuition assistance
3-25 under Section 431.090, Government Code, if the coordinating board
3-26 has determined that sufficient money is available to reimburse
4-1 institutions for tuition exemptions granted under this section and
4-2 to make tuition assistance grants under Subsection (c). An
4-3 institution of higher education shall exempt a person certified by
4-4 the coordinating board under this section from the payment of
4-5 tuition for the semester credit hours for which the person enrolls,
4-6 not to exceed 12 semester credit hours. If the person is not
4-7 charged tuition at the rate provided for other Texas residents, the
4-8 amount of the exemption may not exceed the amount of tuition the
4-9 person would be charged as a Texas resident for the number of
4-10 semester credit hours for which the person enrolls, not to exceed
4-11 12 semester credit hours.
4-12 (b) From money appropriated for purposes of this section,
4-13 the coordinating board shall reimburse an institution of higher
4-14 education in an amount equal to the amount of the tuition exemption
4-15 the institution grants to a person under Subsection (a).
4-16 (c) From money appropriated for purposes of this section,
4-17 the coordinating board shall make a grant to a person attending a
4-18 private or independent institution of higher education, as defined
4-19 by Section 61.003, to whom the adjutant general has awarded tuition
4-20 assistance for the semester under Section 431.090, Government Code.
4-21 The amount of a grant under this section is an amount equal to the
4-22 average amount of reimbursement the coordinating board estimates
4-23 will be paid per student for the same semester under Subsection
4-24 (b).
4-25 SECTION 3. Except as provided by Section 4 of this Act, this
4-26 Act takes effect January 1, 2000.
5-1 SECTION 4. This Act takes effect only if a specific
5-2 appropriation for the implementation of this Act is provided in
5-3 H.B. No. 1 (General Appropriations Act), Acts of the 76th
5-4 Legislature, Regular Session, 1999. If no specific appropriation
5-5 is provided in H.B. No. 1, the General Appropriations Act, this Act
5-6 has no effect.
5-7 SECTION 5. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.
______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 526 passed the Senate on
April 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 526 passed the House on
May 25, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor