80R4705 JRJ-D

By: Rodriguez H.B. No. 2273

A BILL TO BE ENTITLED

AN ACT

relating to tuition and fee exemptions for certain military personnel and their family members.

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

SECTION 1. Section 54.203, Education Code, is amended by amending Subsections (a), (b), (c), (e), and (g), amending Subsection (h) as added by Chapter 7, Acts of the 79th Legislature, Regular Session, 2005, and adding Subsections (b-1) and (e-1) to read as follows:

(a) The governing board of each institution of higher education shall exempt the following persons from the payment of all dues, fees, and charges, including fees for correspondence courses but excluding property deposit fees, student services fees, and any fees or charges for lodging, board, or clothing, provided the persons seeking the exemptions either were citizens of Texas at the time they entered the services indicated and have resided in Texas for at least the period of 12 months before the date of registration, or have resided in Texas for at least the period of 10 years before the date of registration:

(1) all nurses and honorably discharged members of the armed forces of the United States who served during the Spanish-American War or during World War I;

(2) all nurses, members of the Women's Army Auxiliary Corps, members of the Women's Auxiliary Volunteer Emergency Service, and all honorably discharged members of the armed forces of the United States who served during World War II except those who were discharged from service because they were over the age of 38 or because of a personal request on the part of the person that he be discharged from service;

(3) all honorably discharged men and women of the armed forces of the United States who served during the national emergency which began on June 27, 1950, and which is referred to as the Korean War; and

(4) all persons who were honorably discharged from the armed forces of the United States after serving on active military duty, excluding training, for more than 180 days and who served a portion of their active duty during:

(A) the Cold War which began on the date of the termination of the national emergency cited in Subdivision (3) of this subsection;

(B) the Vietnam era which began on December 21, 1961, and ended on May 7, 1975;

(C) the Grenada and Lebanon era which began on August 24, 1982, and ended on July 31, 1984;

(D) the Panama era which began on December 20, 1989, and ended on January 21, 1990;

(E) the Persian Gulf War which began on August 2, 1990, and ends on the date thereafter prescribed by Presidential proclamation or September 1, 1997, whichever occurs first;

(F) the national emergency by reason of certain terrorist attacks that began on September 11, 2001; or

(G) any future national emergency declared in accordance with federal law.

(b) The exemptions provided for in Subsection (a) [of this section] also apply [and inure] to the [benefit of the] children of a member [members] of the armed forces of the United States who was [are or were] killed in action, who [die or] died while in service, who is [are] missing in action, or whose death is documented to be directly caused by illness or injury connected with service in the armed forces of the United States, and to the benefit of orphans of a member [members] of the Texas National Guard or [and] the Texas Air National Guard killed since January 1, 1946, while on active duty either in the service of the member's [their] state or the United States. To [However, to] qualify for this exemption, a person must be a citizen of Texas and must have resided in the state for at least 12 months immediately preceding the date of the person's registration.

(b-1) The governing board of each institution of higher education shall exempt from the payment of all tuition and required fees the child of a veteran of the armed forces of the United States who is certified as having a service-connected disability of 50 percent or more according to the disability ratings of the United States Department of Veterans Affairs. To qualify for this exemption, a person must be a citizen of Texas and must have resided in the state for at least the period of 12 months before the date of the person's registration.

(c) A person may not receive [The] exemptions provided for in Subsections [Subsection] (a) and (b-1) for more than [of this section shall not exceed] a cumulative total of 150 credit hours.

(e) The exemptions [exemption from fees] provided for in Subsections [Subsection] (a) and (b-1) do [of this section does] not apply to a person who, [if] at the time of [his] registration, [he] is eligible for educational benefits under federal legislation [in effect at the time of his registration] if the value of those benefits is equal to or exceeds the value of the exemption. If the value of the federal benefits does not equal or exceed the value of the exemption, the [, except that the] person must first utilize the federal benefit, [for which he is eligible] and the combined amount of the federal benefit plus the amount of the exemption may [this waiver shall] not exceed the maximum value of the exemption [waiver]. A person is covered by the exemptions if the person's [his] right to benefits under federal legislation is extinguished at the time of [his] registration, except that a person is not eligible for an exemption from fees under this section if the person's right to benefits under federal legislation 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.

(e-1) A person is not eligible for an [the] exemption under this section if the person is in default on a loan made or guaranteed for educational purposes by the State of Texas.

(g) The governing board of a junior college district may establish a fee for extraordinary costs associated with a specific course or program and may provide that the exemptions provided by this section [Subsections (a) and (b)] do not apply to the [this] fee.

(h) 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 individual receiving an exemption from fees and charges under this section [Subsection (a) or (b)]. The institution shall report the information not later than December 31 of each year for the fall semester, May 31 of each year for the spring semester, and September 30 of each year for the summer session.

SECTION 2. Section 54.203, Education Code, as amended by this Act, applies beginning with tuition and other fees charged for the 2007 fall semester. Tuition and other fees charged for an academic period 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.

SECTION 3. 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.