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AN ACT
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relating to an exemption from tuition and fees at public |
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institutions of higher education for children of certain volunteer |
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peace officers who are killed or disabled in the line of duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 54.204, Education Code, |
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is amended to read as follows: |
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Sec. 54.204. CHILDREN OF DISABLED FIREFIGHTERS [FIREMEN] |
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AND LAW ENFORCEMENT [PEACE] OFFICERS. |
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SECTION 2. Sections 54.204(a), (b), (g), and (h), Education |
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Code, are amended to read as follows: |
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(a) In this section: |
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(1) "Eligible firefighter or law enforcement officer |
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[employee]" means: |
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(A) a full-paid or volunteer firefighter; |
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(B) [, or] a full-paid or volunteer municipal, |
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county, or state peace officer, including [or a custodial employee
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of the Texas Department of Corrections, or] a game warden; or |
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(C) a custodial officer of the Texas Department |
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of Criminal Justice. |
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(2) "Disability" means inability to engage in any |
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substantial gainful activity by reason of a [any] medically |
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determinable physical or mental impairment that [which] can be |
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expected to result in death or to be of long-continued and |
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indefinite duration. A person is [An individual shall] not [be] |
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considered to be under a disability unless the person provides any |
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[he furnishes such] proof of the [its] existence of the disability |
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as may be required. |
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(b) The governing board of each institution of higher |
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education shall exempt from the payment of all dues, fees, and |
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charges any person whose parent is an eligible firefighter or law |
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enforcement officer [employee] who has suffered an injury, |
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resulting in death or disability, sustained in the line of duty |
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according to the regulations and criteria then in effect governing |
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the department or agency in which the eligible firefighter or law |
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enforcement officer volunteered or [he] was employed. The |
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exemption does not apply to general property deposits or to fees or |
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charges for lodging, board, or clothing. |
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(g) An eligible firefighter or law enforcement officer |
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[employee] whose injury results in a disability shall submit to a |
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physical examination by a physician designated by the United States |
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Social Security Administration to conduct physical examinations |
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and to make disability reports to the Social Security |
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Administration. If the physician decides the injury received has |
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resulted in a disability, the physician [he] shall certify that |
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[this] fact to the head of the department in which the eligible |
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firefighter or law enforcement officer volunteers or is employed |
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[employs the employee]. |
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(h) The head of the department in which the eligible |
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firefighter or law enforcement officer volunteered or was employed |
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[the eligible employee] at the time the firefighter or law |
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enforcement officer [he] sustained the injury shall file a |
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certificate with the Texas Higher Education Coordinating Board[,
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Texas College and University System,] on a form prepared by the |
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board for the purpose. The head of the department shall attach the |
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certificate of the examining physician if an examination is |
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required by Subsection (g) of this section. A copy of the |
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certificate on file with the coordinating board is sufficient |
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evidence for the institution to grant the exemption. |
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SECTION 3. The change in law made by this Act applies |
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beginning with dues, fees, and charges imposed by a public |
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institution of higher education for the 2007 fall semester. Dues, |
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fees, and charges imposed in a semester or session before the 2007 |
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fall semester are governed by the applicable law in effect before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 4. 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. 741 was passed by the House on April |
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13, 2007, by the following vote: Yeas 143, Nays 0, 2 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. 741 was passed by the Senate on May |
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14, 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 |