1-1     By:  Delisi, et al. (Senate Sponsor - Truan)          H.B. No. 1941
 1-2           (In the Senate - Received from the House May 1, 2001;
 1-3     May 2, 2001, read first time and referred to Committee on
 1-4     Education; May 8, 2001, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to allowing certain family members of military personnel
 1-9     who previously resided in Texas to pay resident tuition and fees at
1-10     institutions of higher education.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 54.058(d), Education Code, is amended to
1-13     read as follows:
1-14           (d)  A spouse or dependent child of a member of the Armed
1-15     Forces of the United States, who is not assigned to duty in Texas
1-16     but who has previously resided in Texas for a six-month [12-month]
1-17     period, is entitled to pay the tuition fees and other fees or
1-18     charges provided for Texas residents for a term or semester at an
1-19     [a state] institution of higher education if the member:
1-20                 (1)  at least one year preceding the first day of the
1-21     term or semester executed a document with the applicable military
1-22     service that is in effect on the first day of the term or semester
1-23     and that:
1-24                       (A)  indicates that the member's permanent
1-25     residence address is in Texas; and
1-26                       (B)  designates Texas as the member's place of
1-27     legal residence for income tax purposes;
1-28                 (2)  has been registered to vote in Texas for the
1-29     entire year preceding the first day of the term or semester; and
1-30                 (3)  satisfies at least one of the following
1-31     requirements:
1-32                       (A)  for the entire year preceding the first day
1-33     of the term or semester has owned real property in Texas and in
1-34     that time has not been delinquent in the payment of any taxes on
1-35     the property;
1-36                       (B)  has had an automobile registered in Texas
1-37     for the entire year preceding the first day of the term or
1-38     semester; or
1-39                       (C)  at least one year preceding the first day of
1-40     the term or semester executed a will that has not been revoked or
1-41     superseded indicating that the member is a resident of this state
1-42     and deposited the will with the county clerk of the county of the
1-43     member's residence under Section 71, Texas Probate Code.
1-44           SECTION 2.  The change in law made by this Act applies
1-45     beginning with tuition and fees charged for the 2001 fall semester.
1-46     Tuition and fees charged for a semester or session before the 2001
1-47     fall semester are governed by the applicable law in effect before
1-48     the effective date of this Act, and that law is continued in effect
1-49     for that purpose.
1-50           SECTION 3.  This Act takes effect immediately if it receives
1-51     a vote of two-thirds of all the members elected to each house, as
1-52     provided by Section 39, Article III, Texas Constitution.  If this
1-53     Act does not receive the vote necessary for immediate effect, this
1-54     Act takes effect September 1, 2001.
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