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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.341, Education Code, is amended by |
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amending Subsections (a), (b-1), (e), (k), and (l) and adding |
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Subsections (a-0), (a-5), (c-1), (k-2), and (p) 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, dues, fees, and other required charges, including fees for |
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correspondence courses but excluding general deposit fees, student |
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services fees, and any fees or charges for lodging, board, or |
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clothing, provided the person seeking the exemption established and |
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maintained a domicile in this state as described by Section |
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54.052(a)(1) and satisfies the residency requirement under |
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Subsection (a-0) [currently resides in this state and 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]: |
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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 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); |
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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-0) To be eligible for an exemption provided by this |
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section, a person must have resided in this state continuously for |
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the eight years immediately preceding the first class date of the |
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semester or other academic term to which the exemption would apply. |
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This subsection does not apply to a person who was born in this |
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state. |
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(a-5) A person who received an exemption under this section |
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for a semester or other academic term before the 2016 spring |
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semester continues to be eligible for the exemption provided by |
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this section as this section existed on January 1, 2015. |
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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 must have established and maintained a |
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domicile in this state as described by Section 54.052(a)(1) or (2), |
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as applicable, and satisfy the residency requirement under |
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Subsection (a-0) [be classified as a resident under Subchapter B on
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the date of the spouse's or child's registration]. |
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(c-1) In addition to the limitation prescribed by |
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Subsection (c), a person who qualifies for an exemption under |
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Subsection (a) based on the person's military service, or a person |
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to whom an exemption is assigned under Subsection (k) based on the |
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military service of the person's parent, may not receive the |
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exemption for a semester or other academic term the first class date |
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of which is later than the 15th anniversary of the date of the |
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person's or parent's honorable discharge from active military duty, |
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as applicable. This subsection does not apply to a person who is |
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eligible to receive an exemption under Subsection (a-2) or (b) or to |
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continue to receive an exemption under Subsection (a-1), (a-3), |
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(a-4), or (a-5). |
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(e) The exemption from tuition, fees, and other charges |
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provided for by this section does not apply to a person who at the |
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time of registration is entitled to receive state or federal grant |
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aid or educational benefits under federal legislation that may be |
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used only for the payment of tuition and fees if the value of the |
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grant aid and [those] benefits received in a semester or other term |
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is equal to or exceeds the value of the exemption for the same |
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semester or other term. If the value of state or federal grant aid |
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or federal benefits that may be used only for the payment of tuition |
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and fees and are received in a semester or other term does not equal |
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or exceed the value of the exemption for the same semester or other |
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term, the person is entitled to receive both the grant aid or |
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[those] federal benefits and the exemption in the same semester or |
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other term. The combined amount of the state or federal grant aid |
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or federal benefit that may be used only for the payment of tuition |
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and fees plus the amount of the exemption received in a semester or |
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other term may not exceed the cost of tuition and fees for that |
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semester or other term. An institution of higher education may not |
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require a person eligible for an exemption under Subsection (a) to |
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apply for or obtain a student loan. |
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(k) Subject to the limitation prescribed by Subsection |
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(k-2), the [The] Texas Veterans Commission by rule shall prescribe |
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procedures to allow: |
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(1) a person who becomes eligible for an exemption |
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provided by Subsection (a) to waive the person's right to any unused |
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portion of the number of cumulative credit hours for which the |
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person could receive the exemption and assign the exemption for up |
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to 60 credit hours of the unused portion of those credit hours to a |
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child of the person; and |
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(2) following the death of a person who becomes |
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eligible for an exemption provided by Subsection (a), the |
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assignment of the exemption for up to 60 credit hours of the unused |
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portion of the credit hours to a child of the person, to be made by |
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the person's spouse or by the conservator, guardian, custodian, or |
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other legally designated caretaker of the child, if the child does |
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not otherwise qualify for an exemption under Subsection (b). |
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(k-2) A person who becomes eligible for an exemption |
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provided by Subsection (a) must have served on active military |
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duty, excluding training, for at least six years before any portion |
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of the exemption may be assigned to a child of the person under |
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Subsection (k). |
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(l) To be eligible to receive an exemption under Subsection |
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(k), the child must: |
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(1) have established and maintained a domicile in this |
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state as described by Section 54.052(a)(1) or (2), as applicable, |
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and satisfy the residency requirement under Subsection (a-0) [be a
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student who is classified as a resident under Subchapter B when the
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child enrolls in an institution of higher education]; |
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(2) be an [as a graduate or] undergraduate student[,
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maintain a grade point average that satisfies the grade point
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average requirement for making satisfactory academic progress in a
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degree, certificate, or continuing education program as determined
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by the institution at which the child is enrolled in accordance with
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the institution's policy regarding eligibility for financial aid]; |
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[and] |
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(3) maintain: |
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(A) a course load of at least 24 semester credit |
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hours per academic year; and |
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(B) a cumulative grade point average of at least |
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2.5 on a four-point scale or the equivalent; and |
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(4) be 25 years of age or younger on the first class |
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date [day] of the semester or other academic term for which the |
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exemption is claimed. |
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(p) An institution of higher education shall require a |
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person receiving an exemption under this section to complete a Free |
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Application for Federal Student Aid (FAFSA). The institution may |
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not use the information obtained from a person's FAFSA to encourage |
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or require the person to obtain a student loan, but may use the |
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information to make a person aware of grant opportunities. |
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SECTION 2. (a) Except as provided by Subsection (b) of |
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this section, the changes in law made by this Act to Section 54.341, |
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Education Code, apply beginning with tuition and fees charged for |
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the 2016 spring semester. Tuition and fees charged for a term or |
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semester before the 2016 spring 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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(b) The changes in law made by this Act in adding Section |
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54.341(a-0), Education Code, apply beginning with tuition and fees |
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charged for the first academic semester beginning on or after the |
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effective date of this Act. |
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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, 2015. |
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