BILL ANALYSIS

Senate Research Center                                                                                                          S.B. 89

80R888 JRJ-D                                                                                                        By: Van de Putte

S/C on Higher Education

3/2/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Recent rulings by the attorney general have created a requirement that to be eligible for the Hazlewood tuition exemption that provides for 150 credit hours of free tuition at public colleges, a veteran must have been a United States citizen at the time of entry into the military. Current law requires a person to be a "Texas citizen" upon entry into the military, but "Texas citizen" is not defined by law.

As proposed, S.B. 89 reinstates the the Hazlewood exemption for military veterans, regardless of a military member's previous citizenship status.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

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

(a) Requires a person seeking an exemption from tuition and fees under this section to have claimed this state as the person's home of record in the manner provided by the applicable military or other service, and to have resided in this state for at least 12 months prior to registration in the institution of higher education. Makes a nonsubstantive change.

(a-1) Provides that a person exempt under Subsection (a) in the 2006-2007 academic year continues to be eligible for that exemption as long as the person is continuously enrolled in an institution of higher education, subject to the other provisions of this section other than the requirement of Subsection (a).

(b) Provides that the exemptions provided for in Subsection (a) apply to the children of certain members of the U.S. armed forces and the Texas National Guard or Texas Air National Gaurd, rather than to the benefit of orphans. Makes conforming and nonsubstantive changes.

(d) Requires the governing board of each institution of higher education granting an exemption under this section to require an applicant to provide satisfactory evidence that the applicant qualifies for the exemption.  Deletes existing text requiring an applicant to meet certain citizenship and residency requirements.

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

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