H.B. No. 2347

AN ACT

relating to tuition and fee exemptions at public institutions of higher education for certain peace officers enrolled in criminal justice or law enforcement course work and for certain educational aides.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 54.208, Education Code, is amended to read as follows:

Sec. 54.208. FIREFIGHTERS AND PEACE OFFICERS [FIREMEN] ENROLLED IN CERTAIN [FIRE SCIENCE] COURSES. (a) The governing board of an institution of higher education [boards of the state institutions of collegiate rank supported in whole or in part by public funds] shall exempt from the payment of tuition and laboratory fees a student [any person] who is employed as a firefighter [fireman] by a [any] political subdivision of this [the] state and who enrolls in a course or courses offered as part of a fire science curriculum.

(b) The governing board of an institution of higher education shall exempt from the payment of tuition and laboratory fees charged by the institution for a criminal justice or law enforcement course or courses an undergraduate student who:

(1) is employed as a peace officer by this state or by a political subdivision of this state;

(2) is enrolled in a criminal justice or law enforcement-related degree program at the institution;

(3) is making satisfactory academic progress toward the student's degree as determined by the institution; and

(4) applies for the exemption at least one week before the last date of the institution's regular registration period for the applicable semester or other term.

(c) Notwithstanding Subsection (b), a student may not receive an exemption under that subsection for any course if the student has previously attempted a number of semester credit hours for courses taken at any institution of higher education while classified as a resident student for tuition purposes in excess of the maximum number of those hours specified by Section 61.0595(a) as eligible for funding under the formulas established under Section 61.059.

(d) Notwithstanding Subsection (b), the governing board of an institution of higher education may not provide exemptions under that subsection to students enrolled in a specific class in a number that exceeds 20 percent of the maximum student enrollment designated by the institution for that class.

(e) An [The] exemption provided under this section does not apply to deposits that [which] may be required in the nature of security for the return or proper care of property loaned for the use of students.

(f) The Texas Higher Education Coordinating Board shall adopt:

(1) rules governing the granting or denial of an exemption under this section, including rules relating to the determination of a student's eligibility for an exemption; and

(2) a uniform listing of degree programs covered by the exemption under this section.

(g) If the legislature does not specifically appropriate funds to an institution of higher education in an amount sufficient to pay the institution's costs in complying with this section for a semester, the governing board of the institution of higher education shall report to the Senate Finance Committee and the House Appropriations Committee the cost to the institution of complying with this section for that semester.

SECTION 2. Section 54.214(d), Education Code, is amended to read as follows:

(d) The institution of higher education at which a person seeking an exemption under this section is enrolled [coordinating board] must certify the [a] person's eligibility to receive the [an] exemption [under this section]. As soon as practicable after receiving an application for certification, the institution [coordinating board] shall make the determination of eligibility and give notice of its determination to the applicant[, the institution of higher education at which the applicant is enrolled,] and to the school district employing the applicant [person] as an educational aide.

SECTION 3. The changes in law made by this Act to Section 54.208, Education Code, apply beginning with tuition and laboratory fees charged for the 2011 fall semester. Tuition and laboratory fees charged for an academic period before the 2011 fall semester are covered by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 4. The change in law made by this Act to Section 54.214, Education Code, applies to an exemption from tuition and fees granted under that section beginning with the 2009 fall semester.

SECTION 5. (a) Except as provided by Subsection (b) of this section, this Act takes effect immediately if this Act 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, except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009.

(b) Sections 1 and 3 of this Act take effect January 1, 2011.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2347 was passed by the House on April 29, 2009, by the following vote: Yeas 98, Nays 43, 1 present, not voting; that the House refused to concur in Senate amendments to H.B. No. 2347 on May 29, 2009, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 2347 on May 31, 2009, by the following vote: Yeas 135, Nays 4, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 2347 was passed by the Senate, with amendments, on May 26, 2009, by the following vote: Yeas 30, Nays 1; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 2347 on May 31, 2009, by the following vote: Yeas 30, Nays 1.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor