By Luna, et al.                                        S.B. No. 526
         76R2039 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to providing tuition payment assistance to certain members
 1-3     of the state military forces attending public institutions of
 1-4     higher education.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter F, Chapter 431, Government Code, is
 1-7     amended by adding Section 431.090 to read as follows:
 1-8           Sec. 431.090.  TUITION ASSISTANCE.   (a)  Because the state
 1-9     military forces are the state's only organized, trained, and
1-10     equipped military force under the direction of the governor
1-11     available to respond to natural and man-made disasters, tuition
1-12     assistance is provided under this section to eligible members of
1-13     the state military forces to encourage voluntary membership, to
1-14     improve the education level of its members, to diversify the
1-15     composition of the forces, and to enhance the state's workforce.
1-16           (b)  In this section, "institution of higher education" has
1-17     the meaning 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
2-18     State 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, including a vocational or
2-22     technical course.
2-23           (f)  A person may not receive tuition assistance under this
2-24     section for:
2-25                 (1)  more than 12 semester credit hours in any
2-26     semester; or
2-27                 (2)  more than five academic years or 10 semesters,
 3-1     whichever occurs first for the person.
 3-2           (g)  Before each semester at a time determined by the Texas
 3-3     Higher Education Coordinating Board, the adjutant general shall
 3-4     certify to the coordinating board a list of the persons to whom the
 3-5     adjutant general has awarded tuition assistance under this section
 3-6     for that semester.  After receipt of the list, the coordinating
 3-7     board shall determine whether sufficient money is available to fund
 3-8     the tuition assistance awards under Section 54.2155, Education
 3-9     Code.  If the coordinating board determines that sufficient money
3-10     is not available, the board shall notify the adjutant general, who
3-11     shall reduce the number of awards according to the amount of money
3-12     available and certify to the coordinating board a revised list of
3-13     the persons to whom the adjutant general has awarded tuition
3-14     assistance.
3-15           SECTION 2.  Subchapter D, Chapter 54, Education Code, is
3-16     amended by adding Section 54.2155 to read as follows:
3-17           Sec. 54.2155.  PAYMENT OF TUITION ASSISTANCE FOR MEMBERS OF
3-18     STATE MILITARY FORCES.  (a)  In the manner established by the Texas
3-19     Higher Education Coordinating Board, for each semester the
3-20     coordinating board shall certify to institutions of higher
3-21     education information identifying the persons to whom the adjutant
3-22     general of the state military forces has awarded tuition assistance
3-23     under Section 431.090, Government Code, if the coordinating board
3-24     has determined that sufficient money is available to reimburse
3-25     institutions for tuition exemptions granted under this section.  An
3-26     institution of higher education shall exempt a person certified by
3-27     the coordinating board under this section from the payment of
 4-1     tuition for the semester credit hours for which the person enrolls,
 4-2     not to exceed 12 semester credit hours.  If the person is not
 4-3     charged tuition at the rate provided for other Texas residents, the
 4-4     amount of the exemption may not exceed the amount of tuition the
 4-5     person would be charged as a Texas resident for the number of
 4-6     semester credit hours for which the person enrolls, not to exceed
 4-7     12 semester credit hours.
 4-8           (b)  From money appropriated for purposes of this section,
 4-9     the coordinating board shall reimburse an institution of higher
4-10     education in an amount equal to the amount of the tuition exemption
4-11     the institution grants to a person under Subsection (a).
4-12           SECTION 3.  This Act takes effect January 1, 2000.
4-13           SECTION 4.  The importance of this legislation and the
4-14     crowded condition of the calendars in both houses create an
4-15     emergency and an imperative public necessity that the
4-16     constitutional rule requiring bills to be read on three several
4-17     days in each house be suspended, and this rule is hereby suspended.