81R903 KJM-D
 
  By: Castro H.B. No. 4047
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the residency requirements for tuition and fee
  exemptions for certain military personnel and their dependents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.203, Education Code, is amended by
  amending Subsections (a), (b), (b-1), and (d) and adding Subsection
  (a-1) to read as follows:
         (a)  The governing board of each institution of higher
  education shall exempt the following persons from the payment of
  all dues, fees, and charges, including fees for correspondence
  courses but excluding general deposit fees, student services fees,
  and any fees or charges for lodging, board, or clothing, provided
  the person [persons] seeking the exemption declared this state as
  the person's home of record in the manner provided by the applicable
  military or other service [exemptions were citizens of Texas] at
  the time the person [they] entered the service [services indicated]
  and is a resident of this state under Subchapter B [have resided in
  Texas for at least the period of 12 months before the date of
  registration]:
               (1)  all nurses and honorably discharged members of the
  armed forces of the United States who served during the
  Spanish-American War or during World War I;
               (2)  all nurses, members of the Women's Army Auxiliary
  Corps, members of the Women's Auxiliary Volunteer Emergency
  Service, and all honorably discharged members of the armed forces
  of the United States who served during World War II except those who
  were discharged from service because they were over the age of 38 or
  because of a personal request on the part of the person that the
  person [he] be discharged from service;
               (3)  all honorably discharged men and women of the
  armed forces of the United States who served during the national
  emergency which began on June 27, 1950, and which is referred to as
  the Korean War; and
               (4)  all persons who were honorably discharged from the
  armed forces of the United States after serving on active military
  duty, excluding training, for more than 180 days and who served a
  portion of their active duty during:
                     (A)  the Cold War which began on the date of the
  termination of the national emergency cited in Subdivision (3) [of
  this subsection];
                     (B)  the Vietnam era which began on December 21,
  1961, and ended on May 7, 1975;
                     (C)  the Grenada and Lebanon era which began on
  August 24, 1982, and ended on July 31, 1984;
                     (D)  the Panama era which began on December 20,
  1989, and ended on January 21, 1990;
                     (E)  the Persian Gulf War which began on August 2,
  1990, and ends on the date thereafter prescribed by Presidential
  proclamation or September 1, 1997, whichever occurs first;
                     (F)  the national emergency by reason of certain
  terrorist attacks that began on September 11, 2001; or
                     (G)  any future national emergency declared in
  accordance with federal law.
         (a-1)  A person who received an exemption provided by
  Subsection (a) in the 2008-2009 academic year continues to be
  eligible for the exemption provided by that subsection as long as
  the person is continuously enrolled in an institution of higher
  education, subject to the other provisions of this section other
  than the requirement of Subsection (a) that the person must have
  declared this state as the person's home of record at the time of
  entering the service.
         (b)  The exemptions provided for in Subsection (a) [of this
  section] also apply [and inure] to [the benefit of]:
               (1)  the children of members of the armed forces of the
  United States:
                     (A)  who are or were killed in action;
                     (B)  who die or died while in service;
                     (C)  who are missing in action;
                     (D)  whose death is documented to be directly
  caused by illness or injury connected with service in the armed
  forces of the United States; or
                     (E)  who became totally disabled for purposes of
  employability according to the disability ratings of the Department
  of Veterans Affairs as a result of a service-related injury; and
               (2)  the [orphans or] children of members of the Texas
  National Guard and the Texas Air National Guard who:
                     (A)  were killed since January 1, 1946, while on
  active duty either in the service of their state or the United
  States; or
                     (B)  are totally disabled for purposes of
  employability according to the disability ratings of the Department
  of Veterans Affairs, regardless of whether the members are eligible
  to receive disability benefits from the department, as a result of a
  service-related injury suffered since January 1, 1946, while on
  active duty either in the service of this state or the United
  States.
         (b-1)  To qualify for an exemption under Subsection (b), a
  person must [be a citizen of Texas and must] have resided in this
  [the] state for at least 12 months immediately preceding the date of
  the person's registration.
         (d)  The governing board of each institution of higher
  education granting an exemption under this section [exemptions]
  shall require every applicant claiming the [benefit of an]
  exemption to submit satisfactory evidence that the applicant
  qualifies for [he fulfills] the exemption [necessary citizenship
  and residency requirements].
         SECTION 2.  The change in law made by this Act applies
  beginning with tuition and fees for the 2009 fall semester. Tuition
  and fees for a term or semester before the 2009 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 3.  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.