1-1     By:  Carter, et al. (Senate Sponsor - Moncrief)        H.B. No. 459
 1-2           (In the Senate - Received from the House March 14, 2001;
 1-3     March 15, 2001, read first time and referred to Committee on
 1-4     Education; May 7, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 8, Nays 0;
 1-6     May 7, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 459                   By:  Bivins
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to higher education tuition and fee exemptions for
1-11     children of dead or disabled firefighters or peace officers.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 54.204(a)(1), Education Code, is amended
1-14     to read as follows:
1-15                 (1)  "Eligible employee" means a full-paid or volunteer
1-16     firefighter [fireman], or a full-paid municipal, county, or state
1-17     peace officer, or a custodial employee of the Texas Department of
1-18     Corrections, or a game warden[, who has a child under 21 years of
1-19     age].
1-20           SECTION 2.  Section 54.204, Education Code, is amended by
1-21     amending Subsections (c) and (d) and adding Subsection (e) to read
1-22     as follows:
1-23           (c)  A person is not entitled to the exemption if the person
1-24     [he]:
1-25                 (1)  does not apply initially for the exemption before
1-26     the date the person:
1-27                       (A)  [he] becomes 21 years of age, if the person
1-28     is not covered by Paragraph (B); or
1-29                       (B)  becomes 22 years of age, if the person is
1-30     eligible to participate in a school district's special education
1-31     program under Section 29.003;
1-32                 (2)  does not meet all entrance requirements of the
1-33     institution; or
1-34                 (3)  does not maintain a scholastic average sufficient
1-35     to remain in good standing.
1-36           (d)  Subject to Subsection (e), a [A] person may receive
1-37     [loses his right to] an exemption only for the first 120
1-38     undergraduate semester credit hours [after eight consecutive
1-39     semesters, not including summer semesters, beginning with the first
1-40     semester] for which the person [he] registers.
1-41           (e)  A person is not entitled to an exemption for any term or
1-42     semester the person begins after the date the person becomes 26
1-43     years of age.
1-44           SECTION 3.  (a)  The change in law made by this Act applies
1-45     only to a person who applies for an exemption from dues, fees, and
1-46     charges under Section 54.204, Education Code, on or after the
1-47     effective date.
1-48           (b)  This Act takes effect immediately if it receives a vote
1-49     of two-thirds of all the members elected to each house, as provided
1-50     by Section 39, Article III, Texas Constitution.  If this Act does
1-51     not receive the vote necessary for immediate effect, this Act takes
1-52     effect September 1, 2001.
1-53                                  * * * * *