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AN ACT
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relating to tuition and fee exemptions for the children of certain |
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military personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.203, Education Code, is amended by |
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amending Subsections (b), (c), and (e) and adding Subsections (b-1) |
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and (e-1) to read as follows: |
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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: |
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(1) the children of members of the armed forces of the |
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United States: |
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(A) who are or were killed in action; |
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(B) [,] who die or died while in service; |
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(C) [,] who are missing in action; |
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(D) [, or] whose death is documented to be |
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directly caused by illness or injury connected with service in the |
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armed forces of the United States; or |
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(E) who became totally disabled for purposes of |
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employability according to the disability ratings of the Department |
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of Veterans Affairs as a result of a service-related injury; [,] and |
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(2) [to the benefit of] orphans or children of members |
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of the Texas National Guard and the Texas Air National Guard who: |
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(A) were killed since January 1, 1946, while on |
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active duty either in the service of their state or the United |
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States; or |
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(B) are totally disabled for purposes of |
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employability according to the disability ratings of the Department |
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of Veterans Affairs, regardless of whether the members are eligible |
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to receive disability benefits from the department, as a result of a |
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service-related injury suffered since January 1, 1946, while on |
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active duty either in the service of this state or the United |
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States. |
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(b-1) To [However, to] qualify for an [this] exemption |
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under Subsection (b), a person must be a citizen of Texas and must |
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have resided in the state for at least 12 months immediately |
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preceding the date of the person's registration. |
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(c) A person may not receive [The] exemptions provided for |
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by this section for more than [in Subsection (a) of this section
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shall not exceed] a cumulative total of 150 credit hours. |
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(e) The exemptions [exemption from fees] provided for by |
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this section do [in Subsection (a) of this section does] not apply |
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to a person who, [if] at the time of [his] registration, [he] is |
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eligible for educational benefits under federal legislation [in
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effect at the time of his registration] if the value of those |
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benefits is equal to or exceeds the value of the exemption. If the |
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value of the federal benefits does not equal or exceed the value of |
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the exemption, the [, except that the] person must first utilize the |
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federal benefit, [for which he is eligible] and the combined amount |
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of the federal benefit plus the amount of the exemption may [this
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waiver shall] not exceed the maximum value of the exemption |
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[waiver]. A person is covered by the exemptions if the person's |
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[his] right to benefits under federal legislation is extinguished |
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at the time of [his] registration, except that a person is not |
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eligible for an exemption from fees under this section if the |
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person's right to benefits under federal legislation is |
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extinguished because the person is in default of repayment of a loan |
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made to the person under a federal program to provide or guarantee |
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loans for educational purposes. |
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(e-1) A person is not eligible for an [the] exemption under |
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this section if the person is in default on a loan made or |
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guaranteed for educational purposes by the State of Texas. |
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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 after the effective date of |
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this Act, but not earlier than the 2007 fall semester. Tuition and |
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other 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 125 was passed by the House on March |
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22, 2007, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 125 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |