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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 peace officers and firefighters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 54.353 and 54.3531, Education Code, |
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which were added by Section 17, Chapter 359 (S.B. 32), Acts of the |
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82nd Legislature, Regular Session, 2011, as a nonsubstantive |
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redesignation of the two versions of Section 54.208, Education |
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Code, as amended by Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347), |
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Acts of the 81st Legislature, Regular Session, 2009, are reenacted |
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to conform to the reenactment of Section 54.208, Education Code, |
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and the addition of Section 54.2081, Education Code, by Chapter 959 |
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(H.B. 1163), Acts of the 82nd Legislature, Regular Session, 2011, |
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and in addition Section 54.3531, Education Code, is amended, to |
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read as follows: |
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Sec. 54.353. FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES. |
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(a) The governing board of an institution of higher education shall |
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exempt from the payment of tuition and laboratory fees any student |
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enrolled in one or more courses offered as part of a fire science |
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curriculum who: |
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(1) is employed as a firefighter by a political |
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subdivision of this state; or |
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(2) is currently, and has been for at least one year, |
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an active member of an organized volunteer fire department in this |
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state, as defined by the fire fighters' pension commissioner, who |
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holds: |
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(A) an Accredited Advanced level of |
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certification, or an equivalent successor certification, under the |
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State Firemen's and Fire Marshals' Association of Texas volunteer |
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certification program; or |
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(B) Phase V (Firefighter II) certification, or an |
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equivalent successor certification, under the Texas Commission on |
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Fire Protection's voluntary certification program under Section |
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419.071, Government Code. |
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(b) An exemption provided under this section does not apply |
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to deposits that may be required in the nature of security for the |
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return or proper care of property loaned for the use of students. |
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(c) Notwithstanding Subsection (a), a student who for a |
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semester or term at an institution of higher education receives an |
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exemption under this section may continue to receive the exemption |
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for a subsequent semester or term at any institution only if the |
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student makes satisfactory academic progress toward a degree or |
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certificate at that institution as determined by the institution |
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for purposes of financial aid. |
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(d) Notwithstanding Subsection (a), the exemption provided |
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under this section does not apply to any amount of additional |
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tuition the institution elects to charge a resident undergraduate |
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student under Section 54.014(a) or (f). |
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(e) Notwithstanding Subsection (a), the exemption provided |
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under this section does not apply to any amount of tuition the |
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institution charges a graduate student in excess of the amount of |
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tuition charged to similarly situated graduate students because the |
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student has a number of semester credit hours of doctoral work in |
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excess of the applicable number provided by Section 61.059(l)(1) or |
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(2). |
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(f) The Texas Higher Education Coordinating Board shall |
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adopt: |
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(1) rules governing the granting or denial of an |
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exemption under this section, including rules relating to the |
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determination of a student's eligibility for an exemption; and |
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(2) a uniform listing of degree programs covered by |
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the exemption under this section. |
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Sec. 54.3531. PEACE OFFICERS ENROLLED IN CERTAIN DEGREE |
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PROGRAMS [COURSES]. (a) The governing board of an institution of |
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higher education shall exempt from the payment of all tuition and |
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laboratory fees charged by the institution [for a criminal justice
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or law enforcement course or courses] an undergraduate student who: |
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(1) is employed as a peace officer by this state or by |
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a political subdivision of this state; |
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(2) is enrolled in a criminal justice or law |
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enforcement-related degree program at the institution; |
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(3) is making satisfactory academic progress toward |
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the student's degree as determined by the institution; and |
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(4) applies for the exemption at least one week before |
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the last date of the institution's regular registration period for |
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the applicable semester or other term. |
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(b) Notwithstanding Subsection (a), a student may not |
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receive an exemption under this section for any course if the |
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student has previously attempted a number of semester credit hours |
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for courses taken at any institution of higher education while |
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classified as a resident student for tuition purposes in excess of |
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the maximum number of those hours specified by Section 61.0595(a) |
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as eligible for funding under the formulas established under |
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Section 61.059. |
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(c) Notwithstanding Subsection (a), the governing board of |
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an institution of higher education may not provide exemptions under |
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this section to students enrolled in a specific class in a number |
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that exceeds 20 percent of the maximum student enrollment |
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designated by the institution for that class. |
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(d) An exemption provided under this section does not apply |
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to deposits that may be required in the nature of security for the |
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return or proper care of property loaned for the use of students. |
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(e) The Texas Higher Education Coordinating Board shall |
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adopt: |
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(1) rules governing the granting or denial of an |
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exemption under this section, including rules relating to the |
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determination of a student's eligibility for an exemption; and |
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(2) a uniform listing of degree programs to which |
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[covered by the exemption under] this section applies. |
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(f) If the legislature does not specifically appropriate |
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funds to an institution of higher education in an amount sufficient |
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to pay the institution's costs in complying with this section for a |
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semester, the governing board of the institution of higher |
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education shall report to the Senate Finance Committee and the |
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House Appropriations Committee the cost to the institution of |
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complying with this section for that semester. |
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SECTION 2. Sections 54.208 and 54.2081, Education Code, are |
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repealed. |
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SECTION 3. Section 54.3531, Education Code, as reenacted |
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and amended by this Act, applies beginning with tuition and other |
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fees charged for the 2013 fall semester. Tuition and other fees |
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charged for an academic period before that semester are covered by |
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the law in effect immediately before the effective date of this Act, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. 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, 2013. |