By: Van de Putte, Shapleigh S.B. No. 685
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to an exemption from tuition and mandatory fees for
certain members of the Texas National Guard.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 431.090, Government Code, is amended to
read as follows:
       Sec. 431.090.  [TUITION] ASSISTANCE FOR TUITION AND FEES.  
(a)  Because the state military forces are the state's only
organized, trained, and equipped military force under the direction
of the governor available to respond to natural and man-made
disasters, [tuition] assistance for tuition and mandatory fees is
provided under this section to eligible members of the state
military forces to encourage voluntary membership, to improve the
education level of its members, to diversify the composition of the
forces, and to enhance the state's workforce.
       (b)  In this section, "institution of higher education" and
"private or independent institution of higher education" have the
meanings assigned by Section 61.003, Education Code.
       (c)  To be eligible for [tuition] assistance for tuition and
mandatory fees under this section, a person must:
             (1)  be a member in good standing, as certified by the
adjutant general, of the Texas Army National Guard, Texas Air
National Guard, or Texas State Guard who is:
                   (A)  an enlisted member;
                   (B)  a warrant officer of a grade from Warrant
Officer One through Chief Warrant Officer Three; or
                   (C)  a commissioned officer of a grade from Second
Lieutenant through Captain; and
             (2)  meet any additional qualifications established by
the adjutant general to carry out the purposes of this section or to
further the institutional needs of the state military forces.
       (d)  The adjutant general shall grant [tuition] assistance
for tuition and mandatory fees under this section to a number of
eligible persons established by the adjutant general, considering
funds available for that assistance and the needs of the state
military forces. The adjutant general may apportion the number of
[tuition] assistance awards among the components of the state
military forces as the adjutant general considers necessary to meet
the recruitment and retention needs of those components. The
number of [tuition] assistance awards made to members of the Texas
State Guard may not exceed 30 for any semester, unless the adjutant
general finds a compelling need for additional awards to members of
the Texas State Guard.
       (e)  Assistance for tuition and mandatory fees [Tuition
assistance] may be awarded under this section for tuition and
mandatory fees charged for any undergraduate or graduate course at
an institution of higher education or private or independent
institution of higher education, including a vocational or
technical course.
       (f)  A person may not receive [tuition] assistance for
tuition under this section for[:
             [(1)]  more than 12 semester credit hours in any
semester.
       (g)  A person may not receive assistance for tuition and
mandatory fees under this section for[; or
             [(2)]  more than five academic years or 10 semesters,
whichever occurs first for the person.
       (h) [(g)]  Before each semester at a time determined by the
adjutant general, the adjutant general shall certify to the
appropriate public and private institutions of higher education a
list of the persons to whom the adjutant general has awarded
[tuition] assistance for tuition and mandatory fees under this
section for that semester. The amount of [tuition] assistance
awarded by the adjutant general under this section may not exceed
the amount of money available to fund the [tuition] assistance
awards.
       (i) [(h)]  From money appropriated for purposes of this
section, the adjutant general shall authorize the comptroller to
reimburse an institution of higher education in an amount equal to
the amount of the [tuition] exemption from tuition and mandatory
fees the institution grants to a person under Section 54.2155,
Education Code.
       (j) [(i)]  From money appropriated for purposes of this
section, the adjutant general shall authorize the comptroller to
make a grant to a person attending a private or independent
institution of higher education to whom the adjutant general has
awarded [tuition] assistance for tuition and mandatory fees for the
semester under this section. The amount of a grant under this
subsection is an amount equal to the average amount of
reimbursement the adjutant general estimates will be paid per
student for the same semester under Subsection (i) [(h)].
       SECTION 2.  The heading to Section 54.2155, Education Code,
is amended to read as follows:
       Sec. 54.2155.  [PAYMENT OF TUITION] ASSISTANCE FOR TUITION
AND FEES FOR MEMBERS OF STATE MILITARY FORCES.
       SECTION 3.  Section 54.2155, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
       (a)  For each semester, the adjutant general of the state
military forces shall certify to institutions of higher education
as described by Section 431.090, Government Code, information
identifying the persons to whom the adjutant general has awarded
[tuition] assistance for tuition and mandatory fees under that
section.
       (c)  An institution of higher education shall exempt a person
who receives an exemption from tuition under Subsection (b) from
the payment of all mandatory fees for any semester in which the
person receives the tuition exemption.
       SECTION 4.  The change in law made by this Act to Section
431.090, Government Code, and Section 54.2155, Education Code,
applies beginning with assistance awards for tuition and mandatory
fees for the 2008-2009 academic year. Assistance awards for an
academic year before the 2008-2009 academic year are covered by the
law in effect immediately preceding the effective date of this Act,
and the former law is continued in effect for that purpose.
       SECTION 5.  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.