By Delisi, Hawley, Hunter, Noriega, et al.            H.B. No. 1941
         77R6602 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing certain family members of military personnel
 1-3     who previously resided in Texas to pay resident tuition and fees at
 1-4     institutions of higher education.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 54.058(d), Education Code, is amended to
 1-7     read as follows:
 1-8           (d)  A spouse or dependent child of a member of the Armed
 1-9     Forces of the United States, who is not assigned to duty in Texas
1-10     but who has previously resided in Texas for a six-month [12-month]
1-11     period, is entitled to pay the tuition fees and other fees or
1-12     charges provided for Texas residents for a term or semester at an
1-13     [a state] institution of higher education if the member:
1-14                 (1)  at least one year preceding the first day of the
1-15     term or semester executed a document with the applicable military
1-16     service that is in effect on the first day of the term or semester
1-17     and that:
1-18                       (A)  indicates that the member's permanent
1-19     residence address is in Texas; and
1-20                       (B)  designates Texas as the member's place of
1-21     legal residence for income tax purposes;
1-22                 (2)  has been registered to vote in Texas for the
1-23     entire year preceding the first day of the term or semester; and
1-24                 (3)  satisfies at least one of the following
 2-1     requirements:
 2-2                       (A)  for the entire year preceding the first day
 2-3     of the term or semester has owned real property in Texas and in
 2-4     that time has not been delinquent in the payment of any taxes on
 2-5     the property;
 2-6                       (B)  has had an automobile registered in Texas
 2-7     for the entire year preceding the first day of the term or
 2-8     semester; or
 2-9                       (C)  at least one year preceding the first day of
2-10     the term or semester executed a will that has not been revoked or
2-11     superseded indicating that the member is a resident of this state
2-12     and deposited the will with the county clerk of the county of the
2-13     member's residence under Section 71, Texas Probate Code.
2-14           SECTION 2.  The change in law made by this Act applies
2-15     beginning with tuition and fees charged for the 2001 fall semester.
2-16     Tuition and fees charged for a semester or session before the 2001
2-17     fall semester are governed by the applicable law in effect before
2-18     the effective date of this Act, and that law is continued in effect
2-19     for that purpose.
2-20           SECTION 3.  This Act takes effect immediately if it receives
2-21     a vote of two-thirds of all the members elected to each house, as
2-22     provided by Section 39, Article III, Texas Constitution.  If this
2-23     Act does not receive the vote necessary for immediate effect, this
2-24     Act takes effect September 1, 2001.