This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
79R4102 MCK-D
By: Gallego H.B. No. 2691
A BILL TO BE ENTITLED
AN ACT
relating to benefits for certain members of the Texas National
Guard.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Rick Noriega
Military Assistance Act.
SECTION 2. Subchapter D, Chapter 54, Education Code, is
amended by adding Section 54.215 to read as follows:
Sec. 54.215. MEMBERS OF TEXAS NATIONAL GUARD. (a) In this
section, "tuition and fees" has the meaning assigned by Section
54.209.
(b) The governing board of an institution of higher
education shall exempt from the payment of tuition and fees a
resident of this state enrolled as a student at the institution who
is a member of the Texas National Guard.
(c) The Texas Higher Education Coordinating Board shall
adopt:
(1) rules governing the granting or denial of an
exemption under this section, including rules relating to the
determination of eligibility for an exemption; and
(2) a uniform application form for an exemption under
this section.
SECTION 3. Chapter 56, Education Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. ADDITIONAL FINANCIAL ASSISTANCE
Sec. 56.101. ADDITIONAL FINANCIAL ASSISTANCE FOR MEMBERS OF
TEXAS NATIONAL GUARD. (a) Each institution of higher education
shall establish a program that provides reimbursement for the cost
of required textbooks and similar required course materials to
students of the institution who receive a tuition and fee exemption
under Section 54.215.
(b) To receive a reimbursement, a student must apply for the
reimbursement and provide proof of the expenditures for which
reimbursement is sought.
(c) The Texas Higher Education Coordinating Board shall
include funding for the program in its funding formulas under
Section 61.059.
SECTION 4. Section 431.090, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) A person is not eligible for tuition assistance under
this section for any semester or other academic term for which the
person is exempted under Section 54.215, Education Code, from the
payment of tuition and fees.
SECTION 5. Chapter 431, Government Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. LOANS TO NATIONAL GUARD MEMBERS CALLED
TO ACTIVE DUTY
Sec. 431.201. LOAN PROGRAM. The adjutant general shall
create a program to provide interest-free loans to support members
of the Texas National Guard who are called to federal active duty
and their families.
Sec. 431.202. NATIONAL GUARD TEMPORARY ASSISTANCE ACCOUNT.
(a) The national guard temporary assistance account is an account
in the general revenue fund.
(b) The money in the account may be appropriated only for
the purpose of making loans under this subchapter.
(c) The adjutant general shall deposit to the credit of the
account all loan payments made by a member of the Texas National
Guard for a loan under this subchapter.
Sec. 431.203. GIFTS AND GRANTS. The commission may solicit
and accept gifts and grants from any source, including any
governmental entity, any private or public corporation, and any
other person, for the purposes of this subchapter. The commission
shall deposit a gift or grant to the credit of the national guard
temporary assistance account.
Sec. 431.204. RULES. The adjutant general shall adopt
rules as necessary to administer the loan program, including rules
relating to the application procedure, financial qualifications,
loan repayment, and default.
SECTION 6. The heading to Subchapter G, Chapter 431,
Government Code, is amended to read as follows:
SUBCHAPTER G. DISABILITY OR DEATH IN THE LINE OF [MILITARY] DUTY
SECTION 7. Subchapter G, Chapter 431, Government Code, is
amended by adding Section 431.102 to read as follows:
Sec. 431.102. COMPENSATION FOR DEATH OF MEMBER ON ACTIVE
DUTY. (a) In this section, "heirs" has the meaning assigned by
Section 3, Texas Probate Code.
(b) The state shall pay $100,000 to the heirs of a member of
the Texas National Guard who dies while on federal active duty. If
there is more than one heir, the surviving heirs are each entitled
to a pro rata share of the payment.
(c) The adjutant general shall administer this section and
prescribe forms and adopt rules necessary to implement the section,
including rules and procedures for making or proving a claim, or
appealing a decision on a claim.
SECTION 8. (a) Except as provided by Subsection (b) of this
section, Section 54.215, Education Code, as added by this Act,
Subchapter G, Chapter 56, Education Code, as added by this Act, and
Section 431.090(c-1), Government Code, as added by this Act, take
effect beginning with the 2006 fall semester.
(b) Not later than January 1, 2006, the Texas Higher
Education Coordinating Board shall adopt rules and forms for the
administration of Section 54.215, Education Code, as added by this
Act.
SECTION 9. 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.