By:  Miller, et al. (Senate Sponsor - Shapleigh)                  H.B. No. 1170
	(In the Senate - Received from the House April 7, 2005; 
April 11, 2005, read first time and referred to Subcommittee on 
Higher Education; May 9, 2005, reported adversely, with favorable 
Committee Substitute to Committee on Education; May 16, 2005, 
reported adversely, with favorable Committee Substitute from 
Committee on Education by the following vote:  Yeas 5, Nays 0; 
May 16, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1170                                   By:  Averitt


A BILL TO BE ENTITLED

AN ACT


relating to readmission to a public institution of higher education 
of students who withdraw to perform active military service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  Subchapter Z, Chapter 51, Education Code, 
is amended by adding Section 51.9242 to read as follows:
	Sec. 51.9242.  READMISSION OF STUDENT WHO WITHDRAWS TO 
PERFORM ACTIVE MILITARY SERVICE.  (a)  This section applies only to 
a student who withdraws from an institution of higher education to 
perform active military service as a member of the United States 
armed forces or the Texas National Guard, except that this section 
does not apply to a student who withdraws from an institution solely 
to perform one or more training exercises as a member of the Texas 
National Guard.
	(b)  For any academic term that begins after the date a 
student described by Subsection (a) is released from active 
military service but not later than the first anniversary of that 
date, the institution of higher education from which the student 
withdrew shall readmit the student, without requiring 
reapplication or charging a fee for readmission, if the student is 
otherwise eligible to register for classes at the institution.  On 
readmission of the student under this subsection, the institution 
shall:
		(1)  provide to the student any financial assistance 
previously provided by the institution to the student before the 
student's withdrawal if the student meets current eligibility 
requirements for the assistance, other than any requirement 
directly affected by the student's service, such as continuous 
enrollment or another similar timing requirement; and
		(2)  allow the student the same academic status that 
the student had before the student's withdrawal, including any 
course credit awarded to the student by the institution.
	(c)  An institution of higher education may adopt rules 
requiring reasonable proof from a student of the fact and duration 
of the student's active military service.
	(b)  Section 51.9242, Education Code, as added by this Act, 
applies beginning with readmissions to a public institution of 
higher education for the first semester or other academic term that 
begins after this Act takes effect.
	SECTION 2.  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.



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