By: Menendez H.B. No. 3544
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to higher education for veterans and their families.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 
         SECTION 1.  Sections 54.341(d), (h), (i), (k), and (n),
  Education Code, are amended to read as follows:
         (d)  The governing board of each institution of higher
  education granting an exemption under this section shall require
  each applicant claiming the exemption to submit to the institution,
  in the form and manner prescribed by the Texas Veterans Commission
  for purposes of this section under Section 434.0079(b), Government
  Code, an application for the exemption and necessary [satisfactory]
  evidence that the applicant qualifies for the exemption not later
  than one year after the earlier of the date the institution:
               (1)  provides written notice to the applicant of the
  applicant's eligibility for the exemption; or
               (2)  receives a written acknowledgement from the
  applicant evidencing the applicant's awareness of the applicant's
  eligibility for the exemption.
         (h)  The governing board of each institution of higher
  education shall electronically report to the Texas Veterans
  Commission [Higher Education Coordinating Board] the information
  required by Section 434.00791, Government Code, [61.0516] relating
  to each individual receiving an exemption from fees and charges
  under Subsection (a), (a-2), or (b).  The institution shall report
  the information not later than December 31 of each year for the fall
  semester, May 31 of each year for the spring semester, and September
  30 of each year for the summer session.
         (i)  The Texas Higher Education Coordinating Board may adopt
  rules for the administration of this section. The Texas Veterans
  Commission may adopt rules to provide for the efficient and uniform
  application of this section.
         (k)  The Texas Veterans Commission [Higher Education
  Coordinating Board] by rule shall prescribe procedures to allow:
               (1)  a person who becomes eligible for an exemption
  provided by Subsection (a) to waive the person's right to any unused
  portion of the maximum number of cumulative credit hours for which
  the person could receive the exemption and assign the exemption for
  the unused portion of those credit hours to a child of the person;
  and
               (2)  following the death of a person who becomes
  eligible for an exemption provided by Subsection (a), the
  assignment of the exemption for the unused portion of the credit
  hours to a child of the person, to be made by the person's spouse or
  by the conservator, guardian, custodian, or other legally
  designated caretaker of the child, if the child does not otherwise
  qualify for an exemption under Subsection (b).
         (n)  The Texas Veterans Commission [Higher Education
  Coordinating Board] by rule shall prescribe procedures by which a
  child who suffered from a severe illness or other debilitating
  condition that affected the child's ability to use the exemption
  before reaching the age described by Subsection (m) may be granted
  additional time to use the exemption corresponding to the time the
  child was unable to use the exemption because of the illness or
  condition.
         SECTION 2.  Subchapter A, Chapter 434, Government Code, is
  amended by adding Section 434.0079 to read as follows:
         Sec. 434.0079.  DUTIES REGARDING CERTAIN TUITION AND FEE
  EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS. (a) The commission,
  through its veteran education program, shall assist veterans and
  their family members in claiming and qualifying for exemptions from
  the payment of tuition and fees at institutions of higher education
  under Section 54.341, Education Code.
         (b)  The commission shall establish the application and
  necessary evidence requirements for a person to claim an exemption
  under Section 54.341, Education Code, at an institution of higher
  education.
         (c)  The commission shall mediate between a veteran or a
  veteran's family member and an institution of higher education in
  any issue regarding eligibility for an exemption under Section
  54.341, Education Code.
         SECTION 3.  Section 61.0516, Education Code, is transferred
  to Subchapter A, Chapter 434, Government Code, redesignated as
  Section 434.00791, Government Code, and amended to read as follows:
         Sec. 434.00791 [61.0516].  ELECTRONIC SYSTEM TO MONITOR
  TUITION EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS [DEPENDENTS].  
  (a)  In this section, "institution of higher education" has the
  meaning assigned by Section 61.003, Education Code.
         (b)  The commission [board] shall administer [develop] a
  system to electronically monitor the use of tuition and fee 
  exemptions at institutions of higher education under Section
  54.341, Education Code.  The system must allow the commission
  [board] to electronically receive, for each semester, the following
  information from institutions of higher education:
               (1)  the name of the institution;
               (2)  the name, identification number, and date of birth
  of each individual attending the institution and receiving benefits
  for the semester under Section 54.341, Education Code;
               (3)  for each individual receiving benefits, the number
  of credit hours for which the individual received an exemption for
  the semester;
               (4)  for each individual receiving benefits at the
  institution during the semester, the total cumulative number of
  credit hours for which the individual has received an exemption at
  the institution; and
               (5)  any other information required by the commission
  [board].
         (c)  Not later than January 1, 2014, the Texas Higher
  Education Coordinating Board shall provide to the commission a
  system developed by the coordinating board that meets the
  requirements of this section. The coordinating board is
  responsible for maintaining the system until the date of transfer.
  This subsection expires September 1, 2015.
         SECTION 4.  Chapter 434, Government Code, is amended by
  adding Subchapters F and G to read as follows:
  SUBCHAPTER F. VETERAN EDUCATION EXCELLENCE RECOGNITION AWARD
  NETWORK
         Sec. 434.251.  DEFINITION. In this subchapter, "institution
  of higher education" has the meaning assigned by Section 61.003,
  Education Code.
         Sec. 434.252.  VETERAN EDUCATION EXCELLENCE RECOGNITION
  AWARD NETWORK. (a)  The commission by rule shall establish an award
  program under which institutions of higher education may receive
  recognition from the commission for excellence in providing
  education and related services to veterans.
         (b)  For purposes of receiving an award under Subsection (a),
  the commission shall evaluate an institution of higher education
  regarding, as applicable, the existence and quality at the
  institution of:
               (1)  an advisory board of students who are veterans to
  advise the institution's governing board on issues affecting the
  institution's students who are veterans;
               (2)  a centralized place for students who are veterans
  to meet or find assistance and information;
               (3)  an institution employee who serves as a central
  point of contact for students who are veterans;
               (4)  a United States Department of Veterans Affairs
  work-study program;
               (5)  admissions and enrollment policies specifically
  designed for veterans;
               (6)  new student orientation and courses specifically
  designed for veterans;
               (7)  a student organization for veterans;
               (8)  academic support services specifically for
  students who are veterans;
               (9)  mental health and disability services;
               (10)  a housing policy that applies specifically to
  veterans;
               (11)  faculty and staff training on issues affecting
  students who are veterans;
               (12)  career services specifically designed for
  students who are veterans; and
               (13)  any other criteria considered necessary or
  appropriate by the commission.
         (c)  The commission by rule shall establish a process for the
  commission to use in evaluating an institution of higher education
  on the basis of the criteria under Subsection (b).  The commission
  may charge a reasonable fee to an institution for the commission's
  evaluation.
         Sec. 434.253.  RULEMAKING AUTHORITY. The commission may
  adopt rules as necessary to administer this subchapter.
  SUBCHAPTER G. REGIONAL VETERANS EDUCATION COUNSELORS PROGRAM
         Sec. 434.301.  DEFINITIONS.  In this subchapter:
               (1)  "Commission" means the Texas Veterans Commission.
               (2)  "Higher education regions" means the higher
  education regions in this state established by the Texas Higher
  Education Coordinating Board as specified under Section 434.304.
               (3)  "Institution of higher education" has the meaning
  assigned by Section 61.003, Education Code.
         Sec. 434.302.  REGIONAL VETERANS EDUCATION COUNSELORS. The
  commission shall employ regional veterans education counselors.  A
  regional veterans education counselor shall:
               (1)  visit the institutions of higher education located
  in each higher education region served by the veterans education
  counselor;
               (2)  work with those institutions of higher education
  to:
                     (A)  create a hospitable and supportive
  environment for veterans;
                     (B)  enhance awareness of and encourage
  participation in veterans educational programs and commission
  programs providing other services to veterans, including
  employment and claims assistance services;
                     (C)  develop programs providing ancillary
  assistance to veterans based on the unique needs of veterans and
  their family members;
                     (D)  ensure that veterans successfully complete
  their education; and
                     (E)  promote the establishment of a student
  veterans group on each campus in the higher education region;
               (3)  work with local, state, and national veterans
  groups, including the Veterans of Foreign Wars and the American
  Legion, to promote educational opportunities and benefits to the
  veteran population in the higher education region;
               (4)  work with local workforce development boards to:
                     (A)  ensure that the regional veterans education
  counselors are aware of available nontraditional educational
  opportunities, including on-the-job training programs and
  apprenticeships; and
                     (B)  advise employers in the higher education
  region of potential opportunities to create on-the-job training
  programs for veterans;
               (5)  work with education services officers at military
  installations to encourage active duty members of the armed forces
  of the United States and veterans to use federal and state
  educational benefits;
               (6)  create and manage publicity campaigns in concert
  with the commission and institutions of higher education in the
  higher education region to promote the use of education benefits
  under the federal Post-9/11 Veterans Educational Assistance Act of
  2008 (38 U.S.C. Section 3301 et seq.), the tuition exemption
  program for veterans and their family members under Section 54.341,
  Education Code, and any other education benefit for veterans or
  their family members under federal or state law;
               (7)  support programs to assist students who are combat
  veterans in readjusting and reintegrating into a noncombat
  environment;
               (8)  maintain statistical information regarding
  demographics of veterans assisted, application success, program
  completion rates, dropout rates, and reasons for success or
  failure, as appropriate; and
               (9)  perform other activities, as assigned by the
  commission, to enhance the educational opportunities of veterans
  and their family members in the higher education region and
  throughout this state.
         Sec. 434.303.  PROGRAM MANAGER. The commission shall employ
  a program manager to administer the regional veterans education
  counselors program. The program manager shall:
               (1)  provide leadership, training, support, and
  overall management of the regional veterans education counselors;
               (2)  using data provided by the Texas Higher Education
  Coordinating Board, produce an annual report on veterans' 
  attendance at institutions of higher education; and
               (3)  perform any other task required by the commission.
         Sec. 434.304.  ASSIGNMENT OF REGIONAL VETERANS EDUCATION
  COUNSELORS.  The commission shall assign regional veterans
  education counselors throughout this state with at least one
  counselor assigned responsibility for serving not more than two of
  the following higher education regions:
               (1)  High Plains Region;
               (2)  Northwest Texas Region;
               (3)  Metroplex Region;
               (4)  Upper East Texas Region;
               (5)  Southeast Texas Region;
               (6)  Gulf Coast Region;
               (7)  Central Texas Region;
               (8)  South Texas Region;
               (9)  West Texas Region; and
               (10)  Upper Rio Grande Region.
         Sec. 434.305.  DUTIES OF INSTITUTION OF HIGHER EDUCATION.
  Each institution of higher education shall support the work of
  regional veterans education counselors as provided by this
  subchapter, including providing access to veteran resource centers
  or other student meeting areas and providing information, as
  permitted by law, related to veterans at the institution.
         Sec. 434.306.  RULEMAKING AUTHORITY. The commission may
  adopt rules to implement this subchapter.
         SECTION 5.  Section 9.01(b)(4), Chapter 1049 (S.B. 5), Acts
  of the 82nd Legislature, Regular Session, 2011, which would repeal
  Section 54.203(h), Education Code, effective September 1, 2013, is
  repealed and does not take effect, and Section 54.341(h), Education
  Code, which was redesignated from Section 54.203(h), Education
  Code, by Chapter 359 (S.B. 32), Acts of the 82nd Legislature,
  Regular Session, 2011, remains in effect as amended by this Act.
         SECTION 6.  The changes in law made by this Act to Section
  54.341, Education Code, apply beginning with tuition and fees for
  the 2014 fall semester. Tuition and fees for a term or semester
  before the 2014 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 7.  As soon as practicable after the effective date
  of this Act, the Texas Veterans Commission shall employ the
  regional veterans education counselors and a program manager as
  required by Subchapter G, Chapter 434, Government Code, as added by
  this Act.
         SECTION 8.  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 on the 91st day after the last day of the
  legislative session.