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A BILL TO BE ENTITLED
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AN ACT
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relating to the tuition and fee exemption available to certain |
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military personnel and permitting those personnel to transfer the |
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exemption to a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the "Hazlewood Legacy |
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Act." |
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SECTION 2. Section 54.203, Education Code, is amended by |
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amending Subsections (a), (e), and (g) and adding Subsections (k) |
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and (l) to read as follows: |
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(a) The governing board of each institution of higher |
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education shall exempt the following persons from the payment of |
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all dues, fees, and charges, including fees for correspondence |
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courses but excluding property deposit fees, student services fees, |
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and any fees or charges for lodging, board, or clothing, provided |
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the person [persons] seeking the exemption [exemptions were
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citizens of Texas at the time they] entered the service at a |
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location in this state or when the person was a resident of this |
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state determined in the same manner as residency is determined |
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under Subchapter B [services indicated] and is a resident of this |
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state under Subchapter B [have resided in Texas for at least the
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period of 12 months before the date of registration]: |
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(1) all nurses and honorably discharged members of the |
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armed forces of the United States who served during the |
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Spanish-American War or during World War I; |
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(2) all nurses, members of the Women's Army Auxiliary |
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Corps, members of the Women's Auxiliary Volunteer Emergency |
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Service, and all honorably discharged members of the armed forces |
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of the United States who served during World War II except those who |
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were discharged from service because they were over the age of 38 or |
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because of a personal request on the part of the person that the |
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person [he] be discharged from service; |
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(3) all honorably discharged men and women of the |
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armed forces of the United States who served during the national |
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emergency which began on June 27, 1950, and which is referred to as |
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the Korean War; and |
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(4) all persons who were honorably discharged from the |
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armed forces of the United States after serving on active military |
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duty, excluding training, for more than 180 days and who served a |
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portion of their active duty during: |
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(A) the Cold War which began on the date of the |
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termination of the national emergency cited in Subdivision (3) [of
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this subsection]; |
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(B) the Vietnam era which began on December 21, |
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1961, and ended on May 7, 1975; |
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(C) the Grenada and Lebanon era which began on |
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August 24, 1982, and ended on July 31, 1984; |
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(D) the Panama era which began on December 20, |
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1989, and ended on January 21, 1990; |
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(E) the Persian Gulf War which began on August 2, |
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1990, and ends on the date thereafter prescribed by Presidential |
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proclamation or September 1, 1997, whichever occurs first; |
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(F) the national emergency by reason of certain |
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terrorist attacks that began on September 11, 2001; or |
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(G) any future national emergency declared in |
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accordance with federal law. |
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(e) The exemptions [exemption from fees] provided for by |
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this section do [in Subsection (a) of this section does] not apply |
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to a person who, [if] at the time of [his] registration, [he] is |
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eligible for educational benefits under federal law [legislation in
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effect at the time of his registration] if the value of those |
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benefits is equal to or exceeds the value of the exemption. If the |
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value of the federal benefits does not equal or exceed the value of |
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the exemption, [except that] the person must first utilize the |
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federal benefit, [for which he is eligible] and the combined amount |
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of the federal benefit plus the amount of the exemption may [this
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waiver shall] not exceed the maximum value of the exemption |
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[waiver]. A person is covered by the exemptions if the person's |
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[his] right to benefits under federal law [legislation] is |
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extinguished at the time of [his] registration, except that a |
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person is not eligible for an exemption from fees under this section |
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if the person's right to benefits under federal law [legislation] |
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is extinguished because the person is in default of repayment of a |
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loan made to the person under a federal program to provide or |
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guarantee loans for educational purposes. A person is not eligible |
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for an [the] exemption under this section if the person is in |
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default on a loan made or guaranteed for educational purposes by the |
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State of Texas. |
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(g) The governing board of a junior college district may |
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establish a fee for extraordinary costs associated with a specific |
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course or program and may provide that the exemptions provided by |
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this section [Subsections (a) and (b)] do not apply to this fee. |
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(k) The Texas Higher Education Coordinating Board by rule |
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shall prescribe procedures to allow a person who becomes eligible |
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for an exemption provided by Subsection (a) and has used all the |
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person's federal benefits as required by Subsection (b) to waive |
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the person's right to any unused portion of the maximum number of |
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cumulative credit hours for which the person could receive the |
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exemption and assign the exemption for the unused portion of those |
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credit hours to one of the person's children. The procedures shall |
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provide: |
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(1) the manner in which a person may waive the |
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exemption and designate a child to receive the exemption; |
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(2) a procedure permitting the person to designate a |
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different child to receive the exemption if the child previously |
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designated to receive the exemption did not use the exemption under |
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this section for all of the assigned portion of credit hours; and |
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(3) a method of documentation to enable institutions |
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of higher education to determine the eligibility of the designated |
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person to receive the exemption. |
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(l) To be eligible to receive an exemption under Subsection |
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(k), a person must: |
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(1) be a student who is classified as a resident under |
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Subchapter B when the person enrolls in an institution of higher |
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education; |
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(2) make satisfactory academic progress toward a |
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degree or certificate as determined by the institution at which the |
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person is enrolled in accordance with the policy of the |
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institution's financial aid department, except that the |
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institution may not require the person to enroll in a minimum course |
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load; and |
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(3) be 25 years of age or younger on the first day of |
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the semester or other academic term for which the exemption is |
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claimed, except that the coordinating board by rule shall prescribe |
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procedures by which a person who suffered from a severe illness or |
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other debilitating condition that affected the person's ability to |
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use the exemption before reaching that age may be granted |
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additional time to use the exemption corresponding to the time the |
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person was unable to use the exemption because of the illness or |
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condition. |
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SECTION 3. (a) Section 54.203, Education Code, as amended |
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by this Act, applies beginning with tuition and other fees charged |
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for the 2008 spring semester. Tuition and other fees charged for an |
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academic period before the 2008 spring semester are covered by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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(b) The Texas Higher Education Coordinating Board shall |
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prescribe the procedures required by Sections 54.203(k) and (l), |
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Education Code, as added by this Act, as soon as practicable after |
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the effective date of this Act. For that purpose, the coordinating |
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board may adopt the initial rules prescribing those procedures in |
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the manner provided by law for emergency rules. |
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SECTION 4. This Act takes effect September 1, 2007. |