79R323 KEL-D

By:  Eissler                                                      H.B. No. 40 



A BILL TO BE ENTITLED

AN ACT

relating to tuition assistance granted to certain members of state 
military forces attending public or private institutions of higher 
education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 431.090(d) and (f), Government Code, 
are amended to read as follows:
	(d)  The adjutant general shall grant tuition assistance 
under this section to a number of eligible persons established by 
the adjutant general, considering funds available for that 
assistance and the needs of the state military forces.  In granting 
tuition assistance under this section, the adjutant general shall 
give priority to eligible persons who, as members of the state 
military forces, have been called to federal active duty during a 
national emergency, as defined by rule of the adjutant general.  The 
adjutant general may apportion the number of tuition assistance 
awards among the components of the state military forces as the 
adjutant general considers necessary to meet the recruitment and 
retention needs of those components, except that the adjutant 
general must first ensure that each eligible person entitled in a 
semester to the priority for federal active duty receives the full 
amount of award available for that semester to an applicant under 
this subsection.  The number of tuition assistance awards made to 
members of the Texas State Guard may not exceed 30 for any semester, 
unless the adjutant general finds a compelling need for additional 
awards to members of the Texas State Guard.
	(f)  A person may receive tuition assistance under this 
section for a period equal to one academic year for each calendar 
year or part of a calendar year of the person's service in the state 
military forces as described by Subsection (c), except that the 
person may not receive tuition assistance [under this section] for:
		(1)  more than 15 [12] semester credit hours in any 
semester; or
		(2)  more than five academic years or 10 semesters, 
whichever occurs first for the person.
	SECTION 2.  Section 54.2155(a), Education Code, is amended 
to read as follows:
	(a)  In the manner established by the Texas Higher Education 
Coordinating Board, for each semester the coordinating board shall 
certify to institutions of higher education information 
identifying the persons to whom the adjutant general of the state 
military forces has awarded tuition assistance under Section 
431.090, Government Code, if the coordinating board has determined 
that sufficient money is available to reimburse institutions for 
tuition exemptions granted under this section and to make tuition 
assistance grants under Subsection (c).  An institution of higher 
education shall exempt a person certified by the coordinating board 
under this section from the payment of tuition for the semester 
credit hours for which the person enrolls, not to exceed 15 [12] 
semester credit hours.  If the person is not charged tuition at the 
rate provided for other Texas residents, the amount of the 
exemption may not exceed the amount of tuition the person would be 
charged as a Texas resident for the number of semester credit hours 
for which the person enrolls, not to exceed 15 [12] semester credit 
hours.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to tuition assistance granted for a semester or summer session 
that begins on or after December 1, 2005.
	(b)  The adjutant general shall adopt the rules required by 
Section 431.090(d), Government Code, as amended by this Act, not 
later than November 1, 2005.
	SECTION 4.  This Act takes effect immediately 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.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.