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79R10860 CAS-D


By:  McReynolds                                                   H.B. No. 1630



A BILL TO BE ENTITLED

AN ACT

relating to an excused absence from a public institution of higher 
education for a person called to active military service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 51, Education Code, is 
amended by adding Section 51.9111 to read as follows:
	Sec. 51.9111.  EXCUSED ABSENCE FOR ACTIVE MILITARY SERVICE.  
(a)  In this section:
		(1)  "Institution of higher education" has the meaning 
assigned by Section 61.003.
		(2)  "Active military service" includes active 
military service performed by a member of the Texas National Guard 
or the Texas State Guard.
	(b)  This section applies only if:                                      
		(1)  a student enrolled in an institution of higher 
education fails to attend classes or engage in other required 
activities because the student is called to active military service 
that is of a reasonably brief duration, as determined by rule 
adopted under Subsection (d); and
		(2)  the student chooses not to withdraw as authorized 
by Section 54.006(f).
	(c)  An institution of higher education shall excuse a 
student from attending classes or engaging in other required 
activities, including examinations, in order for the student to 
participate in active military service to which the student is 
called, including travel associated with the service.  A student 
whose absence is excused under this subsection may not be penalized 
for that absence and shall be allowed to complete an assignment or 
take an examination from which the student is excused within a 
reasonable time after the absence.  An instructor may appropriately 
respond if the student fails to satisfactorily complete the 
assignment or examination within a reasonable time after the 
absence.
	(d)  The Texas Higher Education Coordinating Board shall 
adopt rules as necessary to administer this section.  The rules must 
establish a maximum period for which a student may be excused under 
this section.  In establishing that period, the board shall 
consider the maximum period a student may be absent without 
significantly interfering with the student's ability to learn the 
course material, complete course assignments, and succeed 
academically during the applicable semester or other academic 
period.
	SECTION 2.  (a)  This Act applies beginning with the 2005 
fall semester.     
	(b)  The Texas Higher Education Coordinating Board shall 
adopt rules for administering Section 51.9111, Education Code, as 
added by this Act, as soon as practicable after this Act takes 
effect.  For that purpose, the coordinating board may adopt the 
initial rules in the manner provided by law for adoption of 
emergency rules.
	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.