1-1     By:  Luna, Truan, Shapleigh                            S.B. No. 526
 1-2           (In the Senate - Filed February 16, 1999; February 17, 1999,
 1-3     read first time and referred to Committee on Veteran Affairs and
 1-4     Military Installations; March 17, 1999, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 3, Nays
 1-6     0; March 17, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 526                     By:  Luna
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to providing tuition payment assistance to certain members
1-11     of the state military forces attending public or private
1-12     institutions of higher education.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subchapter F, Chapter 431, Government Code, is
1-15     amended by adding Section 431.090 to read as follows:
1-16           Sec. 431.090.  TUITION ASSISTANCE.  (a)  Because the state
1-17     military forces are the state's only organized, trained, and
1-18     equipped military force under the direction of the governor
1-19     available to respond to natural and man-made disasters, tuition
1-20     assistance is provided under this section to eligible members of
1-21     the state military forces to encourage voluntary membership, to
1-22     improve the education level of its members, to diversify the
1-23     composition of the forces, and to enhance the state's workforce.
1-24           (b)  In this section, "institution of higher education" and
1-25     "private or independent institution of higher education" have the
1-26     meanings assigned by Section 61.003, Education Code.
1-27           (c)  To be eligible for tuition assistance under this
1-28     section, a person must:
1-29                 (1)  be a member in good standing, as certified by the
1-30     adjutant general, of the Texas Army National Guard, Texas Air
1-31     National Guard, or Texas State Guard who is:
1-32                       (A)  an enlisted member;
1-33                       (B)  a warrant officer of a grade from Warrant
1-34     Officer One through Chief Warrant Officer Three; or
1-35                       (C)  a commissioned officer of a grade from
1-36     Second Lieutenant through Captain; and
1-37                 (2)  meet any additional qualifications established by
1-38     the adjutant general to carry out the purposes of this section or
1-39     to further the institutional needs of the state military forces.
1-40           (d)  The adjutant general shall grant tuition assistance
1-41     under this section to a number of eligible persons established by
1-42     the adjutant general, considering funds available for that
1-43     assistance and the needs of the state military forces.  The
1-44     adjutant general may apportion the number of tuition assistance
1-45     awards among the components of the state military forces as the
1-46     adjutant general considers necessary to meet the recruitment and
1-47     retention needs of those components.  The number of tuition
1-48     assistance awards made to members of the Texas State Guard may not
1-49     exceed 30 for any semester, unless the adjutant general finds a
1-50     compelling need for additional awards to members of the Texas State
1-51     Guard.
1-52           (e)  Tuition assistance may be awarded under this section for
1-53     tuition charged for any undergraduate or graduate course at an
1-54     institution of higher education or private or independent
1-55     institution of higher education, including a vocational or
1-56     technical course.
1-57           (f)  A person may not receive tuition assistance under this
1-58     section for:
1-59                 (1)  more than 12 semester credit hours in any
1-60     semester; or
1-61                 (2)  more than five academic years or 10 semesters,
1-62     whichever occurs first for the person.
1-63           (g)  Before each semester at a time determined by the Texas
1-64     Higher Education Coordinating Board, the adjutant general shall
 2-1     certify to the coordinating board a list of the persons to whom the
 2-2     adjutant general has awarded tuition assistance under this section
 2-3     for that semester.  After receipt of the list, the coordinating
 2-4     board shall determine whether sufficient money is available to fund
 2-5     the tuition assistance awards under Section 54.2155, Education
 2-6     Code.  If the coordinating board determines that sufficient money
 2-7     is not available, the board shall notify the adjutant general, who
 2-8     shall reduce the number of awards according to the amount of money
 2-9     available and certify to the coordinating board a revised list of
2-10     the persons to whom the adjutant general has awarded tuition
2-11     assistance.
2-12           SECTION 2.  Subchapter D, Chapter 54, Education Code, is
2-13     amended by adding Section 54.2155 to read as follows:
2-14           Sec. 54.2155.  PAYMENT OF TUITION ASSISTANCE FOR MEMBERS OF
2-15     STATE MILITARY FORCES.  (a)  In the manner established by the Texas
2-16     Higher Education Coordinating Board, for each semester the
2-17     coordinating board shall certify to institutions of higher
2-18     education information identifying the persons to whom the adjutant
2-19     general of the state military forces has awarded tuition assistance
2-20     under Section 431.090, Government Code, if the coordinating board
2-21     has determined that sufficient money is available to reimburse
2-22     institutions for tuition exemptions granted under this section and
2-23     to make tuition assistance grants under Subsection (c).  An
2-24     institution of higher education shall exempt a person certified by
2-25     the coordinating board under this section from the payment of
2-26     tuition for the semester credit hours for which the person enrolls,
2-27     not to exceed 12 semester credit hours.  If the person is not
2-28     charged tuition at the rate provided for other Texas residents, the
2-29     amount of the exemption may not exceed the amount of tuition the
2-30     person would be charged as a Texas resident for the number of
2-31     semester credit hours for which the person enrolls, not to exceed
2-32     12 semester credit hours.
2-33           (b)  From money appropriated for purposes of this section,
2-34     the coordinating board shall reimburse an institution of higher
2-35     education in an amount equal to the amount of the tuition exemption
2-36     the institution grants to a person under Subsection (a).
2-37           (c)  From money appropriated for purposes of this section,
2-38     the coordinating board shall make a grant to a person attending a
2-39     private or independent institution of higher education, as defined
2-40     by Section 61.003, to whom the adjutant general has awarded tuition
2-41     assistance for the semester under Section 431.090, Government Code.
2-42     The amount of a grant under this section is an amount equal to the
2-43     average amount of reimbursement the coordinating board estimates
2-44     will be paid per student for the same semester under Subsection
2-45     (b).
2-46           SECTION 3.  This Act takes effect January 1, 2000.
2-47           SECTION 4.  The importance of this legislation and the
2-48     crowded condition of the calendars in both houses create an
2-49     emergency and an imperative public necessity that the
2-50     constitutional rule requiring bills to be read on three several
2-51     days in each house be suspended, and this rule is hereby suspended.
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