83R602 KEL-D
  By: Zaffirini S.B. No. 1210
  relating to conditions on the receipt of tuition and fee exemptions
  and waivers at public institutions of higher education.
         SECTION 1.  Subchapter D, Chapter 54, Education Code, is
  amended by adding Section 54.2001 to read as follows:
  CONDITIONAL. (a) Notwithstanding any other law but subject to
  Subsection (f), after initially qualifying under this subchapter
  for a mandatory or discretionary exemption or waiver from the
  payment of all or part of the tuition or other fees for enrollment
  during a semester or term at an institution of higher education, a
  person may continue to receive the exemption or waiver for a
  subsequent semester or term only if the person:
               (1)  as a graduate or undergraduate student, maintains
  a grade point average that satisfies the institution's grade point
  average requirement for making satisfactory academic progress
  toward a degree or certificate in accordance with the institution's
  policy regarding eligibility for financial aid; and
               (2)  as an undergraduate student, has not completed as
  of the beginning of the semester or term a number of semester credit
  hours that is considered to be excessive under Section 54.014,
  unless permitted to complete those hours by the institution on a
  showing of good cause.
         (b)  In determining whether a person has completed a number
  of semester credit hours that is considered to be excessive for
  purposes of Subsection (a)(2), semester credit hours completed
  include transfer credit hours that count toward the person's
  undergraduate degree or certificate program course requirements
  but exclude:
               (1)  hours earned exclusively by examination;
               (2)  hours earned for a course for which the person
  received credit toward the person's high school academic
  requirements; and
               (3)  hours earned for developmental coursework that an
  institution of higher education required the person to take under
  Section 51.3062 or under the former provisions of Section 51.306.
         (c)  If on the completion of any semester or term a person
  fails to meet any requirement of Subsection (a), for the next
  semester or term in which the person enrolls the person may not
  receive the exemption or waiver described by Subsection (a).  A
  person may become eligible to receive an exemption or waiver in a
  subsequent semester or term if the person:
               (1)  completes a semester or term during which the
  person is not eligible for an exemption or waiver; and
               (2)  meets each requirement of Subsection (a), as
         (d)  Each institution of higher education shall adopt a
  policy to allow a student who fails to maintain a grade point
  average as required by Subsection (a)(1) to receive an exemption or
  waiver in any semester or term on a showing of hardship or other
  good cause, including:
               (1)  a showing of a severe illness or other
  debilitating condition that could affect the student's academic
               (2)  an indication that the student is responsible for
  the care of a sick, injured, or needy person and that the student's
  provision of care could affect the student's academic performance;
               (3)  the student's active duty or other service in the
  United States armed forces; or
               (4)  any other cause considered acceptable by the
         (e)  An institution of higher education shall maintain
  documentation of each exception granted to a student under
  Subsection (d).
         (f)  If a requirement imposed by this section for the
  continued receipt of a specific exemption or waiver conflicts with
  another requirement imposed by statute for that exemption or
  waiver, the stricter requirement prevails.
         (g)  This section does not apply to:
               (1)  the waiver provided by Section 54.216 or to any
  other reduction in tuition provided to a high school student for
  enrollment in a dual credit course or other course for which the
  student may earn joint high school and college credit; or
               (2)  any provision of this code that authorizes or
  requires the payment of tuition or fees at the rates provided for
  residents of this state by a person who is not a resident of this
  state for purposes of Subchapter B.
         SECTION 2.  The change in law made by this Act applies to a
  person's eligibility for an exemption or waiver from the payment of
  all or part of tuition or other fees beginning with tuition and fees
  charged for the 2012 fall semester.
         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, 2013.