By Chavez H.B. No. 51
77R401 KSK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to tuition and fee exemptions for the children of certain
1-3 professional instructional employees 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 54.220 to read as follows:
1-8 Sec. 54.220. CHILDREN OF PROFESSIONAL INSTRUCTIONAL
1-9 EMPLOYEES. (a) The governing board of an institution of higher
1-10 education may exempt a person who is a resident of this state and a
1-11 child of an eligible professional instructional employee from the
1-12 payment of all tuition or of all tuition and required fees when the
1-13 person is enrolled as an undergraduate student at the institution.
1-14 If the governing board of an institution elects to provide
1-15 exemptions under this section, the governing board shall adopt a
1-16 policy and procedures for the award of the exemptions. The policy
1-17 of the institution must include the eligibility requirements of
1-18 this section.
1-19 (b) To be eligible for an exemption from the payment of all
1-20 tuition, a person must be a child of a person who at the beginning
1-21 of the semester or other equivalent academic session for which an
1-22 exemption is sought has 10 or more years of experience as a
1-23 professional instructional employee in the public schools in this
1-24 state or as a full-time certified classroom teacher or certified
2-1 school librarian in the public schools of another state performing
2-2 a function similar to a professional instructional employee, not
2-3 including experience as a teaching aide or administrator, and:
2-4 (1) is employed as a professional instructional
2-5 employee in a public school in this state; or
2-6 (2) has contracted to work as a professional
2-7 instructional employee in a public school in this state during all
2-8 or part of that semester or session or, if the child is enrolled
2-9 for a summer semester or session, has contracted to work as a
2-10 professional instructional employee in a public school in this
2-11 state during the next school year.
2-12 (c) To be eligible for an exemption from the payment of all
2-13 tuition and required fees, a person must be a child of a person who
2-14 at the beginning of the semester or other equivalent academic
2-15 session for which an exemption is sought has 15 or more years of
2-16 experience as a professional instructional employee in the public
2-17 schools in this state or as a full-time certified classroom teacher
2-18 or certified school librarian in the public schools of another
2-19 state performing a function similar to a professional instructional
2-20 employee, not including experience as a teaching aide or
2-21 administrator, and:
2-22 (1) is employed as a professional instructional
2-23 employee in a public school in this state; or
2-24 (2) has contracted to work as a professional
2-25 instructional employee in a public school in this state during all
2-26 or part of that semester or session or, if the child is enrolled
2-27 for a summer semester or session, has contracted to work as a
3-1 professional instructional employee in this state during the next
3-2 school year.
3-3 (d) A person is not eligible for an exemption under this
3-4 section if the person:
3-5 (1) has previously received an exemption under this
3-6 section for 10 semesters or other equivalent academic sessions at
3-7 any institution or institutions of higher education; or
3-8 (2) has received a baccalaureate degree.
3-9 (e) For purposes of Subsection (d), a summer term or other
3-10 academic session that is less than nine weeks in duration is
3-11 considered one-half of a regular semester or equivalent academic
3-12 session.
3-13 (f) An institution of higher education may adopt a policy
3-14 under which a person who receives an exemption from tuition under
3-15 Subsection (b) is eligible for a refund of the amount of money the
3-16 person paid to the institution for tuition as a resident student in
3-17 the three-year period preceding the beginning of the first semester
3-18 or session for which the person receives the exemption.
3-19 (g) An institution of higher education may adopt a policy
3-20 under which a person who receives an exemption from tuition and
3-21 fees under Subsection (c) is eligible for a refund of the amount of
3-22 money the person paid to the institution for tuition and required
3-23 fees as a resident student in the three-year period preceding the
3-24 beginning of the first semester or session for which the person
3-25 receives the exemption.
3-26 (h) A person eligible to receive a refund under an
3-27 institution of higher education's policy adopted under Subsection
4-1 (f) or (g) must apply to the institution from which the refund is
4-2 sought before the expiration of one year after the person becomes
4-3 eligible for the refund. The institution may pay the refund from
4-4 any available funds of the institution.
4-5 (i) The Texas Higher Education Coordinating Board shall
4-6 adopt:
4-7 (1) rules governing the determination of eligibility
4-8 for an exemption under this section; and
4-9 (2) a uniform application form for an exemption under
4-10 this section.
4-11 (j) An institution of higher education may receive
4-12 state-appropriated funds for the purposes of this section as
4-13 determined by the legislature. An institution may seek and receive
4-14 gifts and grants from any source to fund exemptions from tuition or
4-15 fees or refunds of tuition and fees under this section.
4-16 (k) In this section:
4-17 (1) "Child" means a child of any age, including an
4-18 adult child. The term includes an adopted child.
4-19 (2) "Professional instructional employee" means a
4-20 staff member certified as an educator under Subchapter B, Chapter
4-21 21, or its predecessor law, employed by a school district whose job
4-22 duties include the daily instruction to students of curricula
4-23 related to the essential knowledge and skills developed by the
4-24 State Board of Education under Subchapter A, Chapter 28, or its
4-25 predecessor law. The term includes a classroom teacher, librarian,
4-26 and learning resource specialist.
4-27 SECTION 2. (a) This Act applies beginning with the fall
5-1 semester in 2002.
5-2 (b) The Texas Higher Education Coordinating Board shall
5-3 adopt rules and forms relating to the exemption of the children of
5-4 professional instructional employees under Section 54.220,
5-5 Education Code, as added by this Act, not later than January 1,
5-6 2002.
5-7 (c) A person may not receive a refund under Section
5-8 54.220(f) or (g), Education Code, as added by this Act, of tuition
5-9 or tuition and fees paid to an institution of higher education for
5-10 a term or semester before the 2002 fall semester.
5-11 (d) This Act does not make an appropriation or require the
5-12 legislature to appropriate money to fund exemptions from or refunds
5-13 of tuition or tuition and required fees under Section 54.220,
5-14 Education Code, as added by this Act.
5-15 SECTION 3. This Act takes effect immediately if it receives
5-16 a vote of two-thirds of all the members elected to each house, as
5-17 provided by Section 39, Article III, Texas Constitution. If this
5-18 Act does not receive the vote necessary for immediate effect, this
5-19 Act takes effect September 1, 2001.