By: Lucio III, et al. H.B. No. 269
        (Senate Sponsor - Van de Putte)
         (In the Senate - Received from the House May 13, 2009;
  May 14, 2009, read first time and referred to Committee on Veteran
  Affairs and Military Installations; May 22, 2009, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 4, Nays 0; May 22, 2009, sent to printer.)
  COMMITTEE SUBSTITUTE FOR H.B. No. 269 By:  Van de Putte
  relating to course credit for certain students at a public
  institution of higher education.
         SECTION 1.  Subchapter F, Chapter 51, Education Code, is
  amended by adding Section 51.3042 to read as follows:
  (a) In this section, "institution of higher education" has the
  meaning assigned by Section 61.003.
         (b)  An institution of higher education shall award to an
  undergraduate student who is admitted to the institution, including
  a student who is readmitted under Section 51.9242, course credit
  for all physical education courses required by the institution for
  an undergraduate degree and for additional semester credit hours,
  not to exceed 12, that may be applied to satisfy any equivalent
  elective course requirements for the student's degree program for
  courses outside the student's major or minor if the student:
               (1)  graduated from a public or private high school
  accredited by a generally recognized accrediting organization or
  from a high school operated by the United States Department of
  Defense; and
               (2)  is an honorably discharged former member of the
  armed forces of the United States who:
                     (A)  completed at least two years of service in
  the armed forces; or
                     (B)  was discharged because of a disability.
         (c)  This section does not prohibit an institution of higher
  education from awarding additional course credit for a student's
  military service as the institution considers appropriate.
         (d)  An institution of higher education may adopt rules
  requiring reasonable proof from a student of the fact and duration
  of the student's military service and of the student's military
  discharge status.
         (e)  The Texas Higher Education Coordinating Board shall
  adopt rules establishing standards for determining the equivalency
  of military service experience to elective course requirements for
  which a student may receive credit under Subsection (b).
         SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9112 to read as follows:
  PROGRAM: FEES AND COURSE CREDIT. (a) The Texas Higher Education
  Coordinating Board, in consultation with institutions of higher
  education, shall determine a standard fee for a course offered
  through a Reserve Officers' Training Corps (ROTC) program that
  takes into account the average statewide cost per student to an
  institution of higher education in providing the program, not
  including any reimbursement or other amounts the institution
  receives from the applicable military service or other source for
  offering the course. Except as provided by Subsection (b), the
  governing board of each institution of higher education may not
  charge a student enrolled in an ROTC course any amount for the
  course in excess of the fee as determined by the coordinating board
  under this subsection.
         (b)  If the governing board of an institution of higher
  education offers course credit toward a student's degree for a
  course in which the student enrolls for the purposes of an ROTC
  program, the governing board may charge the student tuition for
  that course as otherwise provided by Chapter 54 after subtracting
  any reimbursement or other amount the institution receives from the
  applicable military service or other source for offering the
         (c)  To the extent it will not adversely affect the
  accreditation status of an institution of higher education with the
  appropriate accrediting agency, the governing board of the
  institution shall count courses in which a student enrolls for the
  purposes of an ROTC program, including courses for which the
  student does not receive course credit toward the student's degree,
  in determining whether the student is enrolled as a full-time
         SECTION 3.  Section 51.3042, Education Code, as added by
  this Act, applies to a student attending an institution of higher
  education, without regard to whether the student was admitted to
  the institution before the effective date of this Act.
         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, 2009.
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