By: Van de Putte S.B. No. 685

(In the Senate - Filed February 15, 2007; February 28, 2007, read first time and referred to Committee on Veteran Affairs and Military Installations; April 12, 2007, reported favorably by the following vote: Yeas 4, Nays 0; April 12, 2007, sent to printer.)

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.

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