BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 125

80R513 KSD-D                                                                                By: Delisi et al. (Van De Putte)

                                                                                                                    S/C on Higher Education

                                                                                                                                            4/27/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Texas veterans who attend college under Chapter 54 (Tuition and Fees) of the Texas Education Code are exempt from paying tuition and fees.  The children of a military member who is killed while serving are also eligible to obtain the same exemption.  However, the children of a military member who becomes totally disabled while serving are not eligible for the exemption.

 

H.B. 125 extends the exemption from tuition and fees to the children of members of the armed forces of the United States or of the Texas National Guard or the Texas Air National Guard who became totally disabled as a result of a service-related injury.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to any state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 54.203, Education Code, by amending Subsections (b), (c), and (e) and adding Subsections (b-1) and (e-1), as follows:

 

(b)  Provides that the exemptions provided for in Subsection (a) of this section also apply and inure to the benefit of the children of members of the armed forces of the United States who became totally disabled for purposes of employability according to the disability ratings of the Department of Veterans Affairs as a result of a service-related injury;  and orphans or children of members of the Texas National Guard and the Texas Air National Guard who are totally disabled for purposes of employability according to the disability rating of the Department of Veterans Affairs, regardless of whether the members are eligible to receive disability benefits from the department, as a result of a service-related injury suffered since January 1, 1946, while on active duty either in the service of this state or the United States.

 

(b-1) Makes conforming changes.

 

(c) Prohibits a person from receiving exemptions provided for by this section for more than a cumulative total of 150 credit hours, rather than prohibiting the exemptions provided for in Subsection (a) of this section from exceeding that cumulative total.

 

(e) Requires a person, if the value of the federal benefits does not equal to or exceed the value of the exemption, to first utilize the federal benefit, and the combined amount of the federal benefit plus the amount of the exemption, rather than this waiver, is prohibited from exceeding the maximum value of the exemption.  Makes conforming and nonsubstantive changes. 

 

(e-1) Provides that a person is not eligible for an exemption under this section if the person is in default on a loan made or guaranteed for educational purposes by the State of Texas.

 

SECTION 2.  Makes application of this Act prospective to the 2007 fall semester.

 

SECTION 3.  Effective date: upon passage or September 1, 2007.