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