By:  Morrison                                                     H.B. No. 2860



A BILL TO BE ENTITLED

AN ACT

relating to higher education assistance for the spouses and 
dependents of certain persons killed during the campaign against 
terrorism, including homeland defense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 54.203, Education Code, is amended by 
amending Subsections (a) and (g) and by adding Subsection (b-1) to 
read as follows:
	(a)  The governing board of each institution of higher 
education shall exempt the following persons from the payment of 
all dues, fees, and charges, including fees for correspondence 
courses but excluding property deposit fees, student services fees, 
and any fees or charges for lodging, board, or clothing, provided 
the persons seeking the exemptions were citizens of Texas at the 
time they entered the services indicated and have resided in Texas 
for at least the period of 12 months before the date of 
registration:
		(1)  all nurses and honorably discharged members of the 
armed forces of the United States who served during the 
Spanish-American War or during World War I;
		(2)  all nurses, members of the Women's Army Auxiliary 
Corps, members of the Women's Auxiliary Volunteer Emergency 
Service, and all honorably discharged members of the armed forces 
of the United States who served during World War II except those who 
were discharged from service because they were over the age of 38 or 
because of a personal request on the part of the person that he be 
discharged from service;
		(3)  all honorably discharged men and women of the 
armed forces of the United States who served during the national 
emergency which began on June 27, 1950, and which is referred to as 
the Korean War; and
		(4)  all persons who were honorably discharged from the 
armed forces of the United States after serving on active military 
duty, excluding training, for more than 180 days and who served a 
portion of their active duty during:
			(A)  the Cold War which began on the date of the 
termination of the national emergency cited in Subdivision (3) of 
this subsection;
			(B)  the Vietnam era which began on December 21, 
1961, and ended on May 7, 1975;
			(C)  the Grenada and Lebanon era which began on 
August 24, 1982, and ended on July 31, 1984;
			(D)  the Panama era which began on December 20, 
1989, and ended on January 21, 1990;
			(E)  the Persian Gulf War which began on August 2, 
1990, and ends on the date thereafter prescribed by Presidential 
proclamation or September 1, 1997, whichever occurs first; [or]
			(F)  Operation Enduring Freedom, Operation Noble 
Eagle, or the national emergency that on September 14, 2001, the 
President proclaimed as having begun on September 11, 2001; or
			(G) [(F)]  any future national emergency declared 
in accordance with federal law.
	(b-1)  The exemption provided for in Subsection (a)(4)(F) 
also applies and inures to the benefit of the spouse of a member of 
the armed forces of the United States who is or was killed in 
action, who dies or died while in service, who is missing in action, 
or whose death is documented to be directly caused by illness or 
injury connected with service in the armed forces of the United 
States.  However, to qualify for this exemption, the spouse must be 
a citizen of Texas and must have resided in the state for at least 12 
months immediately preceding the date of the spouse's registration.
	(g)  The governing board of a junior college district may 
provide that an exemption [the exemptions] provided by Subsection 
[Subsections] (a), [and] (b), or (b-1) does [do] not apply to a 
course fee or training fee charged a student by the junior college 
district to cover the flight time costs associated with a course in 
aircraft flight training, to the extent those costs are incurred by 
a student:
		(1)  who does not have a private pilot rating; or                             
		(2)  who has a private pilot rating but is not actively 
seeking to fulfill the requirements of the Federal Aviation 
Administration for an additional certification or rating.
	SECTION 2.  (a)  This Act takes effect immediately and 
applies beginning with the 2003-2004 academic year if it receives a 
vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.
	(b)  If this Act does not receive the vote necessary for 
immediate effect, this Act takes effect September 1, 2003, and 
applies beginning with the first academic term that begins after 
December 31, 2003.