79R2567 KEL-D

By:  Naishtat                                                     H.B. No. 1060



A BILL TO BE ENTITLED

AN ACT

relating to exempting certain persons in transitional living 
programs from the payment of tuition and fees at public 
institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 54, Education Code, is 
amended by adding Section 54.2115 to read as follows:
	Sec. 54.2115.  TUITION EXEMPTION FOR CERTAIN PERSONS IN 
TRANSITIONAL LIVING PROGRAM.  (a)  In this section, "transitional 
living program" means a program that meets the grant eligibility 
standards for transitional living youth projects for homeless youth 
under Sections 321 and 322, Runaway and Homeless Youth Act (42 
U.S.C. Sections 5714-1 and 5714-2), as amended.
	(b)  A person is exempt from the payment of tuition and 
required fees other than property deposit fees if the person:
		(1)  was a resident in a transitional living program 
for a continuous period of at least six months occurring after the 
person's 16th birthday but before the person's 22nd birthday;
		(2)  maintains a current residence that is separate 
from that of a parent, conservator, or other guardian of the person;
		(3)  is classified as a Texas resident under Subchapter 
B;           
		(4)  initially enrolls at an institution of higher 
education as a full-time or part-time undergraduate student not 
later than the person's 22nd birthday; and
		(5)  demonstrates financial need as determined 
according to standards adopted by any institution of higher 
education in which the person enrolls.
	(c)  Each transitional living program in this state shall 
provide current program information to the Department of Family and 
Protective Services and shall update the information as necessary.  
The department shall maintain a record of each transitional living 
program in this state and shall provide a list of the programs to 
the Texas Higher Education Coordinating Board not later than June 1 
of each year.
	SECTION 2.  (a)  Section 54.2115, Education Code, as added 
by this Act, applies beginning with tuition and fees for the 2006 
spring semester.
	(b)  A public institution of higher education shall adopt the 
standards for financial need as described by Section 54.2115, 
Education Code, as added by this Act, not later than the 30th day 
after the effective date of this Act.  For that purpose, the 
institution may adopt the initial standards in the manner provided 
by law for adoption of emergency rules.  This subsection expires 
January 1, 2006.
	SECTION 3.  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.