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.