By Bailey H.B. No. 3004
77R3624 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an exemption from tuition and fees at a public
1-3 institution of higher education for a person disabled in the
1-4 performance of a fire protection duty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 54.2041, Education Code, is amended to
1-7 read as follows:
1-8 Sec. 54.2041. PERSON DISABLED IN PERFORMANCE OF FIRE
1-9 PROTECTION OR LAW ENFORCEMENT DUTY [PEACE OFFICERS]. (a) The
1-10 governing board of an institution of higher education may exempt a
1-11 student from the payment of tuition and required fees authorized by
1-12 this chapter for a course for which space is available if the
1-13 student:
1-14 (1) is a resident of this state and has resided in
1-15 this state for the 12 months immediately preceding the beginning of
1-16 the semester or session for which an exemption is sought;
1-17 (2) is permanently disabled as a result of an injury
1-18 suffered during the performance of:
1-19 (A) a fire protection duty in this state as a
1-20 person listed under Sections 419.0322(a)(1)-(3), Government Code,
1-21 including a part-time employee or volunteer or other auxiliary
1-22 personnel; or
1-23 (B) a law enforcement duty as a peace officer of
1-24 this state or a political subdivision of this state; and
2-1 (3) is unable as a result of the disability to:
2-2 (A) perform the same fire protection duties for
2-3 which the person was responsible when the injury occurred; or
2-4 (B) continue employment as a peace officer
2-5 [because of the disability].
2-6 (b) A person may not receive an exemption under this section
2-7 for more than 12 semesters or sessions while the person is enrolled
2-8 in an undergraduate program or while the person is attending only
2-9 undergraduate courses.
2-10 (c) A person may not receive an exemption under this section
2-11 if the person is enrolled in a master's degree program or is
2-12 attending postgraduate courses to meet the requirements of a
2-13 master's degree program and the person has previously received a
2-14 master's degree and received an exemption under this section for a
2-15 semester or session while attending a postgraduate course to meet
2-16 the requirements of the master's degree program.
2-17 (d) A person may not receive an exemption under this section
2-18 if the person is enrolled in a doctoral degree program or is
2-19 attending postgraduate courses to meet the requirements of a
2-20 doctoral degree program and the person has previously received a
2-21 doctoral degree and received an exemption under this section for a
2-22 semester or session while attending a postgraduate course to meet
2-23 the requirements of the doctoral degree program.
2-24 (e) A person must apply for an exemption in the manner
2-25 provided by the governing board of the institution. The governing
2-26 board shall require an applicant for an exemption to submit
2-27 satisfactory evidence that the applicant is eligible for the
3-1 exemption.
3-2 (f) The legislature, in an appropriations act, shall account
3-3 for the rates of tuition and fees authorized by Subsection (a) in a
3-4 way that does not increase the general revenue appropriations to
3-5 that institution.
3-6 (g) In this section:
3-7 (1) "Fire protection duty" means a duty listed under
3-8 Section 419.021(3)(C), Government Code.
3-9 (2) "Law enforcement duty"[, "injury suffered during
3-10 the performance of a duty as a peace officer"] means [an injury
3-11 occurring as a result of the peace officer's performance of any of
3-12 the following law enforcement duties]:
3-13 (A) a [(1)] traffic enforcement or traffic
3-14 control duty [duties], including enforcement of traffic laws,
3-15 investigation of vehicle accidents, or directing traffic;
3-16 (B) the [(2)] pursuit, arrest, or search of a
3-17 person reasonably believed to have violated a law;
3-18 (C) the [(3)] investigation, including
3-19 undercover investigation, of a criminal act;
3-20 (D) a [(4)] patrol duty [duties], including
3-21 automobile, bicycle, foot, air, or horse patrol;
3-22 (E) a duty [(5) duties] related to the transfer
3-23 of prisoners; or
3-24 (F) a [(6)] training duty [duties], including
3-25 participation in any training required by the officer's employer or
3-26 supervisor or by the Commission on Law Enforcement Officer
3-27 Standards and Education.
4-1 (h) For the purpose of this section, a person [peace
4-2 officer] is considered permanently disabled only if the chief
4-3 administrative officer of the [law enforcement] agency or other
4-4 entity that employed the person or, if the person performed fire
4-5 protection duties other than as an employee, the organization
4-6 primarily responsible for monitoring the performance of the
4-7 person's fire protection duties [officer] at the time of the injury
4-8 determines that the person [officer] is permanently disabled and
4-9 satisfies any requirement of an institution under Subsection (e).
4-10 SECTION 2. The change in law made by this Act applies
4-11 beginning with tuition and required fees imposed for the 2002 fall
4-12 semester.
4-13 SECTION 3. This Act takes effect immediately if it receives
4-14 a vote of two-thirds of all the members elected to each house, as
4-15 provided by Section 39, Article III, Texas Constitution. If this
4-16 Act does not receive the vote necessary for immediate effect, this
4-17 Act takes effect September 1, 2001.