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1-40 the term or semester executed a will that has not been revoked or
1-41 superseded indicating that the member is a resident of this state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.
1-55 * * * * *