79(R) HB 2691 - Introduced version


                                                                                

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.