By Dukes                                              H.B. No. 2980
         77R5760 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to tuition and fee exemptions for the children of certain
 1-3     firefighters and peace officers enrolled at public institutions of
 1-4     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 54.2042 to read as follows:
 1-8           Sec. 54.2042.  CHILDREN OF FIREFIGHTERS AND PEACE OFFICERS.
 1-9     (a)   In this section:
1-10                 (1)  "Child" means a child of any age, including an
1-11     adult child.  The term includes an adopted child.
1-12                 (2)  "Qualified firefighter" means a full-time employee
1-13     of a fire department or other fire-fighting unit of an agency or
1-14     political subdivision of this state who performs a function listed
1-15     in Section 143.003(4), Local Government Code, without regard to
1-16     whether the person is subject to a civil service system or program.
1-17                 (3)  "Qualified peace officer" means a person elected,
1-18     appointed, or employed to serve as a peace officer listed in
1-19     Article 2.12, Code of Criminal Procedure, for an agency or
1-20     political subdivision of this state.
1-21           (b)  The governing board of each institution of higher
1-22     education shall exempt from the payment of tuition and required
1-23     fees a person enrolled as an undergraduate student at the
1-24     institution who is the child of a person who at the beginning of
 2-1     the semester or summer session for which the exemption is sought:
 2-2                 (1)  is a qualified firefighter or qualified peace
 2-3     officer; and
 2-4                 (2)  has 10 or more years of experience as a qualified
 2-5     firefighter or qualified peace officer.
 2-6           (c)  A person is not eligible for an exemption under this
 2-7     section if the person:
 2-8                 (1)  has previously received an exemption under this
 2-9     section for 10 semesters or summer sessions at any institution or
2-10     institutions of higher education; or
2-11                 (2)  has received a baccalaureate degree.
2-12           (d)  For purposes of Subsection (b), a summer term or other
2-13     academic session that is less than nine weeks in duration is
2-14     considered one-half of a regular semester or summer session.
2-15           (e)  The Texas Higher Education Coordinating Board shall:
2-16                 (1)  adopt rules governing the granting or denial of an
2-17     exemption under this section, including rules relating to the
2-18     determination of eligibility for an exemption and procedures for
2-19     the verification of a person's status as a qualified firefighter or
2-20     peace officer; and
2-21                 (2)  prescribe application forms for exemptions under
2-22     this section.
2-23           (f)  To receive an exemption under this section, the person
2-24     must apply to the institution from which the exemption is sought in
2-25     the time and manner required by coordinating board rule.
2-26           SECTION 2.  (a)  The change in law made by this Act applies
2-27     to tuition and fees at an institution of higher education beginning
 3-1     with the 2001 fall semester.
 3-2           (b)  The Texas Higher Education Coordinating Board shall
 3-3     adopt rules and forms for the administration of Section 54.2042,
 3-4     Education Code, as added by this Act, as soon as practicable after
 3-5     this Act takes effect.
 3-6           SECTION 3.  This Act takes effect immediately if it receives
 3-7     a vote of two-thirds of all the members elected to each house, as
 3-8     provided by Section 39, Article III, Texas Constitution.  If this
 3-9     Act does not receive the vote necessary for immediate effect, this
3-10     Act takes effect September 1, 2001.