80R6920 JRJ-D

By: Cook of Colorado H.B. No. 2055

A BILL TO BE ENTITLED

AN ACT

relating to a tuition and fee exemption available to the dependents of certain military personnel.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 54, Education Code, is amended by adding Section 54.2035 to read as follows:

Sec. 54.2035. DEPENDENTS OF CERTAIN VETERANS. (a) The governing board of each institution of higher education shall exempt from the payment of all tuition, dues, fees, and other charges, including fees for correspondence courses but excluding property deposit fees, student services fees, and any fees or charges for lodging, board, or clothing, the spouse or child of a person who served on active duty in the armed forces of the United States during an era, war, or emergency described by Sections 54.203(a)(4)(B)-(G) and:

(1) was killed in action;

(2) died while in service;

(3) is missing in action;

(4) whose death is documented to be directly caused by illness or injury connected with the person's service; or

(5) became permanently disabled as a direct result of an illness or injury suffered while in service.

(b) To qualify for an exemption under this section, a person must have resided in this state for at least 12 months immediately preceding the date of the person's registration.

(c) A person may not receive an exemption provided by Subsection (a) for more than 150 credit hours. If a person qualifies for an exemption under both this section and Section 54.203(b), the person may not receive the exemptions for more than a cumulative total of 150 credit hours.

(d) The governing board of each institution of higher education granting an exemption under this section shall require every applicant claiming the benefit of an exemption to submit satisfactory evidence that the applicant fulfills the necessary residency requirements.

(e) The exemption provided by this section does not apply to a person who, at the time of registration, is eligible for educational benefits under federal law if the value of those benefits is equal to or exceeds the value of the exemption. If the value of the person's federal benefits does not equal or exceed the value of the exemption to which the person is otherwise eligible under this section, the person must first use the federal benefit, and the combined amount of the federal benefit plus the amount of the exemption received may not exceed the maximum value of the exemption. A person is eligible for an exemption under this section if the person's right to benefits under federal law is extinguished at the time of registration, except that a person is not eligible for the exemption if the person's right to benefits under federal law is extinguished because the person is in default of repayment of a loan made to the person under a federal program to provide or guarantee loans for educational purposes. 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.

(f) The governing board of a junior college district that charges a fee for any extraordinary costs associated with a specific course or program may provide that the exemption provided by this section does not apply to that fee.

(g) The governing board of each institution of higher education shall electronically report to the Texas Higher Education Coordinating Board the information required by Section 61.0516 relating to each person receiving an exemption under this section. The institution shall report the information not later than December 31 for a fall semester, May 31 for a spring semester, and September 30 for a summer session.

(h) In determining whether to admit a person to any certificate or degree program, an institution of higher education may not consider the fact that the person is eligible for an exemption under this section.

(i) The Texas Higher Education Coordinating Board may adopt rules to provide for the efficient and uniform application of this section.

SECTION 2. Section 61.0516, Education Code, is amended to read as follows:

Sec. 61.0516. ELECTRONIC SYSTEM TO MONITOR TUITION EXEMPTIONS FOR VETERANS AND DEPENDENTS. The board shall develop a system to electronically monitor the use of tuition exemptions under Sections [Section] 54.203 and 54.2035. The system must allow the board to electronically receive, for each semester, the following information from institutions of higher education:

(1) the name of the institution;

(2) the name, identification number, and date of birth of each individual attending the institution and receiving benefits for the semester under Section 54.203 or 54.2035;

(3) for each individual receiving benefits, the number of credit hours for which the individual received an exemption for the semester;

(4) for each individual receiving benefits at the institution during the semester, the total cumulative number of credit hours for which the individual has received an exemption at the institution; and

(5) any other information required by the board.

SECTION 3. (a) The change in law made by this Act applies beginning with tuition and fees for the 2007 fall semester. Tuition and fees for a term or semester before the 2007 fall semester are covered by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

(b) The Texas Higher Education Coordinating Board shall adopt rules for the administration of Section 54.2035, Education Code, as added by this Act, as soon as practicable after this Act takes effect. For that purpose, the coordinating board may adopt the initial rules in the manner provided by law for emergency rules.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.