81R1297 KJM-D

By: Ellis S.B. No. 114

A BILL TO BE ENTITLED

AN ACT

relating to the payment of higher education tuition and fees for certain military personnel and their dependents.

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

SECTION 1. Section 54.058, Education Code, is amended by amending Subsections (b), (c), (d), (f), (g), (i), and (j) and adding Subsections (b-1) and (k) to read as follows:

(b) A person who is an officer, enlisted person, selectee, or draftee of the Army, Army Reserve, Army National Guard, Air National Guard, Air Force, Air Force Reserve, Navy, Navy Reserve, Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard Reserve of the United States, who is assigned to duty in Texas, and the spouse and children of such an officer, enlisted person, selectee, or draftee, [are entitled to register in a state institution of higher education by paying the tuition fee and other fees or charges required of Texas residents,] without regard to the length of time the officer, enlisted person, selectee, or draftee has been assigned to duty or resided in the state:

(1) are entitled to register in a state institution of higher education by paying the tuition required of Texas residents; and

(2) are exempt from the payment of all fees of the institution, including fees for correspondence courses but excluding general deposit fees and any fees or charges for lodging, board, or clothing.

(b-1) Out-of-state [However, out-of-state] Army National Guard or Air National Guard members attending training with Texas Army or Air National Guard units under National Guard Bureau regulations may not receive benefits under Subsection (b) [be exempted from nonresident tuition] by virtue of that training status nor may out-of-state Army, Air Force, Navy, Marine Corps, or Coast Guard Reserves training with units in Texas under similar regulations receive benefits under Subsection (b) [be exempted from nonresident tuition] by virtue of that training status. It is the intent of the legislature that [only] those members of the Army or Air National Guard or other reserve forces described by this subsection receive benefits under Subsection (b) [mentioned above be exempted from the nonresident tuition fee and other fees and charges] only when they become members of Texas units of the military organizations described by Subsection (b) [mentioned above].

(c) The spouse or child of a member of the Armed Forces of the United States who has been assigned to duty elsewhere immediately following assignment to duty in Texas is entitled to receive the benefits described by Subsection (b) [pay the tuition fees and other fees or charges provided for Texas residents] as long as the spouse or child resides continuously in Texas.

(d) A spouse or dependent child of a member of the Armed Forces of the United States, who is not assigned to duty in Texas but who has previously resided in Texas for a six-month period, is entitled to receive the benefits described by Subsection (b) [pay the tuition fees and other fees or charges provided for Texas residents] for a term or semester at an institution of higher education if the member:

(1) at least one year preceding the first day of the term or semester executed a document with the applicable military service that is in effect on the first day of the term or semester and that:

(A) indicates that the member's permanent residence address is in Texas; and

(B) designates Texas as the member's place of legal residence for income tax purposes;

(2) has been registered to vote in Texas for the entire year preceding the first day of the term or semester; and

(3) satisfies at least one of the following requirements:

(A) for the entire year preceding the first day of the term or semester has owned real property in Texas and in that time has not been delinquent in the payment of any taxes on the property;

(B) has had an automobile registered in Texas for the entire year preceding the first day of the term or semester; or

(C) at least one year preceding the first day of the term or semester executed a will that has not been revoked or superseded indicating that the member is a resident of this state and deposited the will with the county clerk of the county of the member's residence under Section 71, Texas Probate Code.

(f) The spouse or child of a member of the Armed Forces of the United States who dies or is killed is entitled to receive the benefits described by Subsection (b) [pay the resident tuition fee] if the spouse or child becomes a resident of Texas within 60 days of the date of death.

(g) If a member of the Armed Forces of the United States is stationed outside Texas and the member's spouse or child establishes residence in Texas by residing in Texas and by filing with the Texas institution of higher education at which the spouse or child plans to register a letter of intent to establish residence in Texas, the institution of higher education shall permit the spouse or child to receive the benefits described by Subsection (b) [pay the tuition, fees, and other charges provided for Texas residents] without regard to length of time that the spouse or child has resided in Texas.

(i) A former member of the Armed Forces of the United States or the former member's spouse or dependent child is entitled to receive the benefits described by Subsection (b) [pay the tuition fees and other fees or charges provided for Texas residents] for any term or semester at a state institution of higher education that begins before the first anniversary of the member's separation from the Armed Forces if the former member:

(1) has retired or been honorably discharged from the Armed Forces; and

(2) has complied with the requirements of Subsection (d).

(j) A member or former member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States who is entitled to receive the benefits described by Subsection (b) [pay tuition and fees at the rate provided for Texas residents] under another provision of this section while enrolled in a degree or certificate program is entitled to receive those benefits [pay tuition and fees at the rate provided for Texas residents] in any subsequent term or semester while the person is continuously enrolled in the same degree or certificate program. For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. The person's eligibility to receive those benefits [pay tuition and fees at the rate provided for Texas residents] under this subsection does not terminate because the person is no longer a member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States.

(k) For each semester or session in which a person receives the benefits described by Subsection (b) under any provision of this section, the governing board of the institution of higher education in which the person is enrolled shall award to the person a scholarship to cover the costs of books and similar educational materials required for the person's course work at the institution.

SECTION 2. Section 54.203, Education Code, is amended by amending Subsections (a), (b), (b-1), and (d) and adding Subsections (a-1), (b-2), and (b-3) 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 has [have] resided in this state [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 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 spouse and 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 spouse and [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.

(b-2) For each semester or session in which a person receives an exemption from tuition and required fees under this section, the governing body of the institution of higher education in which the person is enrolled shall exempt the person from the payment of fees and charges for lodging and board if the person resides on the campus of the institution. If the person does not reside on the campus of the institution, the institution shall provide to the person a reasonable stipend to cover the costs of the person's lodging and board.

(b-3) For each semester or session in which a person receives an exemption from tuition and required fees under this section, the governing body of the institution of higher education in which the person is enrolled shall award to the person a scholarship to cover the costs of books and similar educational materials required for course work at the institution.

(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 the exemption [he fulfills the necessary citizenship and residency requirements].

SECTION 3. 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 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.