HB 405 78(R)    BILL ANALYSIS


H.B. 405
Miller
Defense Affairs and State-Federal Relations
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law allows a spouse or child of a member of the Armed Forces of
the United States to receive in-state residency status for college tuition
purposes; however, due to different interpretations of the Education Code,
if the member of the military is transferred out of Texas, the spouse or
child sometimes loses in-state residency status and is forced to pay much
higher tuition.  HB 405 clarifies the Education Code to provide that a
child or spouse of a member of the Armed Forces shall receive in-state
tuition as long as the child or spouse resides continuously in Texas. 
 

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.  This bill provides that a child or spouse of a member of the
U.S. armed forces assigned to duty elsewhere immediately following
assignment to Texas is entitled to pay the tuition and fees provided for
Texas residents while the child or spouse continuously reside in Texas.
In addition, a spouse or child of a member of the U.S. armed forces, who
is not assigned to duty in Texas but who has previously resided in Texas
for a six-month period, is entitled to pay the tuition and fees provided
for Texas residents for any semester at an institution of higher
education.  Also, the bill allows a spouse or child of a member of the
U.S. armed forces who dies or is killed to pay the fees and tuition
provided by Texas residents if the child or spouse becomes a resident
within 60 days of the date of death. 

SECTION 2.  Section 54.058, Education Code, as amended by this Act, takes
effect beginning with tuition charge for the 2003 fall semester. 

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