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A BILL TO BE ENTITLED
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AN ACT
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relating to tuition and fee exemptions at public institutions of |
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higher education for certain military personnel and their |
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dependents and for the spouses and children of certain deceased, |
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missing, and disabled military personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.203, Education Code, is amended by |
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amending Subsections (a), (b), (b-1), (d), (g), and (h) and adding |
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Subsections (a-1), (a-2), and (k) 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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(a-1) A person who before the 2009-2010 academic year |
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received an exemption provided by Subsection (a) continues to be |
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eligible for the exemption provided by that subsection as that |
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subsection existed on January 1, 2009, subject to the other |
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provisions of this section other than the requirement of Subsection |
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(a) that the person must have entered the service at a location in |
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this state, declared this state as the person's home of record, or |
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would have been determined to be a resident of this state for |
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purposes of Subchapter B at the time the person entered the service. |
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(a-2) The exemptions provided for in Subsection (a) also |
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apply to the spouse of: |
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(1) a member of the armed forces of the United States: |
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(A) who was killed in action; |
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(B) who died while in service; |
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(C) who is missing in action; |
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(D) whose death is documented to be directly |
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caused by illness or injury connected with service in the armed |
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forces of the United States; or |
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(E) who became totally disabled for purposes of |
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employability according to the disability ratings of the Department |
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of Veterans Affairs as a result of a service-related injury; or |
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(2) a member of the Texas National Guard or the Texas |
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Air National Guard who: |
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(A) was killed since January 1, 1946, while on |
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active duty either in the service of this state or the United |
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States; or |
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(B) is totally disabled for purposes of |
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employability according to the disability ratings of the Department |
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of Veterans Affairs, regardless of whether the member is eligible |
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to receive disability benefits from the department, as a result of a |
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service-related injury suffered since January 1, 1946, while on |
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active duty either in the service of this state or the United |
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States. |
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(b) The exemptions provided for in Subsection (a) [of this
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section] also apply [and inure] to [the benefit of]: |
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(1) the children of members of the armed forces of the |
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United States: |
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(A) who are or were killed in action; |
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(B) who die or died while in service; |
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(C) who are missing in action; |
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(D) whose death is documented to be directly |
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caused by illness or injury connected with service in the armed |
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forces of the United States; or |
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(E) who became totally disabled for purposes of |
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employability according to the disability ratings of the Department |
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of Veterans Affairs as a result of a service-related injury; and |
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(2) the [orphans or] children of members of the Texas |
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National Guard and the Texas Air National Guard who: |
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(A) were killed since January 1, 1946, while on |
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active duty either in the service of their state or the United |
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States; or |
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(B) are totally disabled for purposes of |
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employability according to the disability ratings of the Department |
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of Veterans Affairs, regardless of whether the members are eligible |
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to receive disability benefits from the department, as a result of a |
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service-related injury suffered since January 1, 1946, while on |
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active duty either in the service of this state or the United |
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States. |
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(b-1) To qualify for an exemption under Subsection (a-2) or |
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(b), the spouse or child [a person must be a citizen of Texas and] |
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must be classified as a resident under Subchapter B on [have resided
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in the state for at least 12 months immediately preceding] the date |
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of the spouse's or child's [person's] registration. |
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(d) The governing board of each institution of higher |
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education granting an exemption under this section [exemptions] |
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shall require every applicant claiming the [benefit of an] |
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exemption to submit satisfactory evidence that the applicant |
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qualifies for [he fulfills] the exemption [necessary citizenship
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and residency requirements]. |
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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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(h) The governing board of each institution of higher |
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education shall electronically report to the Texas Higher Education |
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Coordinating Board the information required by Section 61.0516 |
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relating to each individual receiving an exemption from fees and |
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charges under Subsection (a), (a-2), or (b). The institution shall |
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report the information not later than December 31 of each year for |
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the fall semester, May 31 of each year for the spring semester, and |
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September 30 of each year for the summer session. |
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(k) 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 2. Section 54.203, Education Code, as amended by |
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this Act, applies beginning with tuition, dues, fees, and other |
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charges for the 2009 fall semester. If a person who becomes |
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eligible for an exemption in that semester under that section has |
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paid the tuition, dues, fees, and other charges for that semester, |
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the institution of higher education shall refund to the student the |
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amount of those charges paid by the person in the amount of the |
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exemption. Tuition, dues, fees, and other charges for a term or |
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semester before the 2009 fall semester are covered by the law in |
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effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. 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. |