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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 to permitting those personnel to transfer |
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the 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) and (g) and adding Subsections (k), (l), |
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and (m) 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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tuition, [all] dues, fees, and other required charges, including |
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fees for correspondence courses but excluding general deposit fees, |
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student services fees, and any fees or charges for lodging, board, |
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or clothing, provided the person [persons] seeking the exemption |
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[exemptions were citizens of Texas at the time they] entered the |
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service at a location in this state, declared this state as the |
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person's home of record in the manner provided by the applicable |
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military or other service, or would have been determined to be a |
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resident of this state for purposes of Subchapter B at the time the |
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person entered the service [services indicated and have resided in
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Texas for at least the period of 12 months before the date of
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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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(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) to waive the person's |
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right to any unused portion of the maximum number of cumulative |
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credit hours for which the person could receive the exemption and |
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assign the exemption for the unused portion of those credit hours to |
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a child of the person. The procedures shall 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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child to receive the exemption. |
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(l) To be eligible to receive an exemption under Subsection |
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(k), the child must: |
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(1) be a student who is classified as a resident under |
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Subchapter B when the child enrolls in an institution of higher |
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education; |
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(2) make satisfactory academic progress in a degree, |
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certificate, or continuing education program as determined by the |
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institution at which the child is enrolled in accordance with the |
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policy of the institution's financial aid department, except that |
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the institution may not require the child to enroll in a minimum |
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course 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 Texas Higher Education Coordinating Board |
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by rule shall prescribe procedures by which a child who suffered |
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from a severe illness or other debilitating condition that affected |
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the child's ability to use the exemption before reaching that age |
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may be granted additional time to use the exemption corresponding |
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to the time the child was unable to use the exemption because of the |
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illness or condition. |
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(m) For purposes of this section, a person is the child of |
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another person if: |
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(1) the person is the stepchild or the biological or |
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adopted child of the other person; or |
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(2) the other person claimed the person as a dependent |
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on a federal income tax return filed for the preceding year or will |
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claim the person as a dependent on a federal income tax return for |
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the current year. |
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SECTION 3. Sections 54.203(e) and (e-1), Education Code, as |
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amended by Chapters 443 (H.B. 125) and 1334 (S.B. 1640), Acts of the |
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80th Legislature, Regular Session, 2007, are reenacted and amended |
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to read as follows: |
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(e) The exemption from fees provided for by this section [in
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Subsection (a)] does not apply to a person who at the time of |
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registration is entitled to receive educational benefits under |
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federal legislation that may be used only for the payment of tuition |
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and fees if the value of those benefits received in a semester or |
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other term is equal to or exceeds the value of the exemption for the |
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same semester or other term. If the value of federal benefits that |
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may be used only for the payment of tuition and fees and are |
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received in a semester or other term does not equal or exceed the |
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value of the exemption for the same semester or other term, the |
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person is entitled to receive both those federal benefits [the
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federal benefit] and the exemption in the same semester or other |
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term. The combined amount of the federal benefit that may be used |
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only for the payment of tuition and fees plus the amount of the |
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exemption received in a semester or other term may not exceed the |
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cost of tuition and fees for that semester or other term. [A person
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is covered by the exemption if the person's right to benefits under
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federal legislation is extinguished at the time of the person's
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registration, except that a person may not receive an exemption
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from fees under this section if the person's right to benefits under
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federal legislation is extinguished because the person is in
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default of repayment of a loan made to the person under a federal
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program to provide or guarantee loans for educational purposes.] |
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(e-1) A person may not receive an exemption under this |
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section if the person is in default on a loan made or guaranteed for |
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educational purposes by the State of Texas. |
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SECTION 4. (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 2009 fall semester. If a person who becomes eligible for an |
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exemption in that semester under Subsections (k) and (l) of that |
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section has paid the tuition and other fees for that semester to |
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which the exemption applies, the institution of higher education |
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shall refund to the student the amount of the tuition and fees paid |
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by the person in the amount of the exemption. Tuition and other |
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fees charged for an academic period before the 2009 fall semester |
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are covered by the law in effect immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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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 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |