HB261 78(R)    BILL ANALYSIS


H.B. 261
Hupp
Defense Affairs & State-Federal Relations
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, dependents of military servicemen/women that are
stationed in Texas are afforded the ability to pay in-state tuition at
Texas universities as long as they reside continuously in Texas.  Due to
different interpretations of the Education Code, however, in certain
circumstances Texas universities have denied in-state tuition to children
and spouses if the military member is transferred out of state or leaves
the military.  HB261 would clarify statute to ensure that dependents and
spouses of military personnel are eligible to continue paying in-state
tuition and fees even if the military personnel moves out-of-state or
terminates service in the armed forces.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Clarifies that a dependent, spouse, or member of the U.S. armed
forces who are already entitled to pay in-state tuition and fees may
continue to pay in-state tuition and fees while continuously enrolled in a
degree or certificate program.  Additionally, the spouse or child's
eligibility to pay the Texas resident tuition and fees rate does not
terminate in the event that the military personnel is no longer a member
of the U.S. armed forces. 

SECTION 2.  This Act applies beginning with the 2003 fall semester to a
child, spouse, or member of the U.S. armed forces entitled to pay tuition
and fees at the Texas residents rate, while enrolled in a degree or
certificate program at a public institution or higher education Texas in
the 2003 spring or summer session. 

SECTION 3.  Effective Date - September 1, 2003, unless the Act receives
the necessary votes for immediate effect.