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A BILL TO BE ENTITLED
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AN ACT
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relating to the residency requirements for tuition and fee |
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exemptions for certain military personnel and their children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 54.203(a), (b), and (d), Education |
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Code, are amended to read as follows: |
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(a) The governing board of each institution of higher |
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education shall exempt the following persons from the payment of |
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all dues, fees, and charges, including fees for correspondence |
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courses but excluding property deposit fees, student services fees, |
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and any fees or charges for lodging, board, or clothing, provided |
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the persons seeking the exemptions resided in this state for at |
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least the 12 months preceding [were citizens of Texas at] the date |
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[time] they entered the services indicated and have resided in this |
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state [Texas] for at least the [period of] 12 months preceding |
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[before] the date of registration: |
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(1) all nurses and honorably discharged members of the |
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armed forces of the United States who served during the |
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Spanish-American War or during World War I; |
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(2) all nurses, members of the Women's Army Auxiliary |
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Corps, members of the Women's Auxiliary Volunteer Emergency |
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Service, and all honorably discharged members of the armed forces |
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of the United States who served during World War II except those who |
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were discharged from service because they were over the age of 38 or |
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because of a personal request on the part of the person that the |
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person [he] be discharged from service; |
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(3) all honorably discharged men and women of the |
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armed forces of the United States who served during the national |
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emergency which began on June 27, 1950, and which is referred to as |
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the Korean War; and |
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(4) all persons who were honorably discharged from the |
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armed forces of the United States after serving on active military |
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duty, excluding training, for more than 180 days and who served a |
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portion of their active duty during: |
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(A) the Cold War which began on the date of the |
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termination of the national emergency cited in Subdivision (3) of |
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this subsection; |
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(B) the Vietnam era which began on December 21, |
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1961, and ended on May 7, 1975; |
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(C) the Grenada and Lebanon era which began on |
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August 24, 1982, and ended on July 31, 1984; |
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(D) the Panama era which began on December 20, |
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1989, and ended on January 21, 1990; |
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(E) the Persian Gulf War which began on August 2, |
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1990, and ends on the date thereafter prescribed by Presidential |
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proclamation or September 1, 1997, whichever occurs first; |
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(F) the national emergency by reason of certain |
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terrorist attacks that began on September 11, 2001; or |
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(G) any future national emergency declared in |
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accordance with federal law. |
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(b) The exemptions provided for in Subsection (a) [of this
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section] also apply [and inure] to the [benefit of the] children of |
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members of the armed forces of the United States who are or were |
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killed in action, who die or died while in service, who are missing |
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in action, or whose death is documented to be directly caused by |
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illness or injury connected with service in the armed forces of the |
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United States, and to the children [benefit of orphans] of members |
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of the Texas National Guard and the Texas Air National Guard killed |
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since January 1, 1946, while on active duty either in the service of |
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their state or the United States. To [However, to] qualify for an |
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[this] exemption under this subsection, a person must [be a citizen
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of Texas and must] have resided in this [the] state for at least 12 |
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months immediately preceding the date of the person's registration. |
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(d) The governing board of each institution of higher |
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education granting exemptions shall require each [every] applicant |
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claiming [the benefit of] an exemption under this section to submit |
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satisfactory evidence that the applicant [he] fulfills the |
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necessary [citizenship and] residency requirements. |
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SECTION 2. Section 54.203, Education Code, as amended by |
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this Act, applies beginning with tuition and other fees charged for |
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the first term or semester that begins on or after the effective |
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date of this Act, but not earlier than the 2007 fall semester. |
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Tuition and fees charged for an academic period before that term or |
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semester are covered by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |