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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. This Act shall be
known as the Hazlewood Legacy Preservation Act.
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No
equivalent provision.
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No
equivalent provision. (But see Sec. 54.341(l)(4) below.)
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SECTION 1. Subchapter D,
Chapter 54, Education Code, is amended by adding Section 54.201 to read as
follows:
Sec. 54.201. CERTAIN
FINANCIAL AID ELIGIBILITY INFORMATION REQUIRED. (a) Notwithstanding any
other law and subject to Subsection (b), to qualify for an exemption,
waiver, or other benefit authorized under this subchapter for enrollment at
an institution of higher education during an academic year, a person must:
(1) complete a free
application for federal student aid (FAFSA) for that academic year and:
(A) submit the person's
FAFSA student aid report to the institution; or
(B) designate the
institution as a preferred institution to receive the report from the
United States Department of Education; or
(2) if the person is not
eligible to receive federal student aid, complete and submit to the
institution the Texas Application for State Financial Aid (TASFA) or a
similar application for state student financial assistance.
(b) Subsection (a) does
not apply to a person who receives a waiver under Section 54.216.
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SECTION 1.01. Section 54.341,
Education Code, is amended by amending Subsections (a), (c), (d), (h), (i),
(k), (l), and (n) and adding Subsection (a-5) to read as follows:
(a)
The governing board of each institution of higher education shall exempt
the following persons from the payment of tuition, dues, fees, and other
required charges, including fees for correspondence courses but excluding
general deposit fees, student services fees, and any fees or charges for
lodging, board, or clothing, provided the person seeking the exemption
currently resides in this state and entered the service at a location in
this state, declared this state as the person's home of record in the
manner provided by the applicable military or other service, or would have
been determined to be a resident of this state for purposes of Subchapter B
at the time the person entered the service:
(1)
all nurses and honorably discharged members of the armed forces of the
United States who served during the Spanish-American War or during World
War I;
(2)
all nurses, members of the Women's Army Auxiliary Corps, members of the
Women's Auxiliary Volunteer Emergency Service, and all honorably discharged
members of the armed forces of the United States who served during World
War II except those who were discharged from service because they were over
the age of 38 or because of a personal request on the part of the person
that the person be discharged from service;
(3)
all honorably discharged men and women of the armed forces of the United
States who served during the national emergency which began on June 27,
1950, and which is referred to as the Korean War; and
(4)
all persons who were honorably discharged from the armed forces of the
United States after serving on active military duty, excluding training,
for more than four years [180 days] and who served a portion
of their active duty during:
(A)
the Cold War which began on the date of the termination of the national
emergency cited in Subdivision (3);
(B)
the Vietnam era which began on December 21, 1961, and ended on May 7, 1975;
(C)
the Grenada and Lebanon era which began on August 24, 1982, and ended on
July 31, 1984;
(D)
the Panama era which began on December 20, 1989, and ended on January 21,
1990;
(E)
the Persian Gulf War which began on August 2, 1990, and ends on the date
thereafter prescribed by Presidential proclamation or September 1, 1997,
whichever occurs first;
(F)
the national emergency by reason of certain terrorist attacks that began on
September 11, 2001; or
(G)
any future national emergency declared in accordance with federal law.
(a-5) A person who received an exemption under this section for
an academic year before the 2017-2018 academic year continues to be
eligible for the exemption provided by this section as this section existed
on January 1, 2017.
(c)
A person may not receive exemptions provided for by this section for more
than a cumulative total of 150 credit hours. A person may not receive an
exemption provided for by this section after the end of the 15th year after
the date the member of the armed forces of the United States who qualifies
for an exemption under Subsection (a) is honorably discharged.
(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 Higher Education Coordinating Board [Veterans
Commission] for purposes of this section under Section 61.101(b)
[434.0079(b), Government Code], an application for the exemption and
necessary evidence that the applicant qualifies for the exemption not later
than the last class date of the semester or term to which the exemption
applies, except that the governing board may encourage the submission of an
application and evidence by the official day of record for the semester or
term to which the exemption applies on which the institution must determine
the enrollment that is reported to the coordinating board [Texas
Higher Education Coordinating Board].
(h)
The governing board of each institution of higher education shall
electronically report to the Texas Higher Education Coordinating Board
[Veterans Commission] the information required by Section 61.102
[434.00791, Government Code,] relating to each individual receiving
an exemption from fees and charges under Subsection (a), (a-2), (b), or
(k). The institution shall report the information not later than January 31
of each year for the fall semester, June 30 of each year for the spring
semester, and September 30 of each year for the summer session.
(i)
The Texas Higher Education Coordinating Board [Veterans
Commission] may adopt rules to provide for the efficient and uniform
application of this section. In developing rules under this subsection, the
coordinating board [commission] shall consult with [the
Texas Higher Education Coordinating Board and] institutions of higher
education.
(k)
The Texas Higher Education Coordinating Board [Veterans
Commission] 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 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).
(l) To be eligible to receive
an exemption under Subsection (k), the child must:
(1) be a student who is
classified as a resident under Subchapter B when the child enrolls in an
institution of higher education;
(2) as a graduate or undergraduate student, maintain a grade point average that satisfies
the grade point average requirement for making satisfactory academic
progress in a degree, certificate, or continuing education program as
determined by the institution at which the child is enrolled in accordance
with the institution's policy regarding eligibility for financial aid; [and]
(3) be 25 years of age or
younger on the first day of the
semester or other academic term for which the exemption is claimed; and
(4) complete a Free Application for Federal Student Aid (FAFSA).
(n) The Texas Higher Education Coordinating Board [Veterans
Commission] by rule shall prescribe procedures by which a child
assigned an exemption under Subsection (k) 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 (l)(3) 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.
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SECTION 2. Sections 54.341(l)
and (n), Education Code, are amended to read as follows:
(l) To be eligible to receive
an exemption under Subsection (k), the child must:
(1) be a student who is
classified as a resident under Subchapter B when the child enrolls in an
institution of higher education;
(2) be
[as] a graduate or undergraduate student[, maintain a grade point average that
satisfies the grade point average requirement for making satisfactory
academic progress in a degree, certificate, or continuing education program
as determined by the institution at which the child is enrolled in
accordance with the institution's policy regarding eligibility for
financial aid]; [and]
(3)
maintain:
(A) a course load of at least 24 semester credit hours per
academic year; and
(B) a cumulative grade point average of at least 2.5 on a
four-point scale or the equivalent;
(4) be 25 years of age
or younger on the first class date [day] of the semester or other
academic term for which the exemption is claimed; and
(See SECTION 1 above.)
(5) if eligible, have exhausted all benefits available to the
child under the federal Post-9/11 Veterans Educational Assistance Act of
2008 (38 U.S.C. Section 3301 et seq.) or any other federal law authorizing
educational benefits for veterans.
(n) The Texas Veterans Commission by rule shall prescribe
procedures by which a child assigned an exemption under Subsection (k) 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 (l)(4) [(l)(3)]
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.
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SECTION 2. Chapter 61,
Education Code, is amended by adding Subchapter D-1, and a heading is added
to that subchapter to read as follows:
SUBCHAPTER D-1. DUTIES
REGARDING CERTAIN TUITION AND FEE EXEMPTIONS FOR VETERANS AND FAMILY
MEMBERS
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No
equivalent provision.
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SECTION 3. Sections 434.0079
and 434.00791, Government Code, are transferred to Subchapter D-1, Chapter
61, Education Code, as added by this Act, redesignated as Sections 61.101
and 61.102, Education Code, and amended to read as follows:
Sec.
61.101 [434.0079]. DUTIES REGARDING CERTAIN TUITION AND FEE
EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS. (a) The board [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 board [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. The requirements established under this subsection must
include a requirement that a person claiming an exemption under Section 54.341
submit an official certificate of honorable discharge.
(c)
The board [commission] shall adopt rules governing the
coordination of federal and state benefits of a person eligible to receive
an exemption under Section 54.341(k)[, Education Code], including
rules governing:
(1)
the total number of credit hours assigned under that section that a person
may apply to an individual degree or certificate program, consistent with
the standards of the appropriate recognized regional accrediting agency;
and
(2)
the application of the assigned exemption to credit hours for which the
institution of higher education does not receive state funding.
Sec.
61.102 [434.00791]. ELECTRONIC SYSTEM TO MONITOR TUITION
EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS. [(a) In this section,
"institution of higher education" has the meaning assigned by
Section 61.003, Education Code.
[(b)] The board [commission]
shall ensure a system to electronically monitor the use of tuition and fee
exemptions at institutions of higher education under Section 54.341[,
Education Code,] is developed. The system must allow the board [commission] 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 board [commission].
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SECTION 3. Section
434.00791(b), Government Code, is amended to read as follows:
(b) The commission shall ensure a system to electronically
monitor the use of tuition and fee exemptions at institutions of higher
education under Section 54.341, Education Code, is developed. The system
must allow the commission 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)
for each individual receiving benefits, the length of service of the
person eligible for an exemption under Section 54.341(a), Education Code,
as indicated by official documentation from the United States Department of
Defense; and
(6) any other
information required by the commission.
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SECTION 4. Section 54.341(o),
Education Code, is repealed.
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No
equivalent provision.
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SECTION 5. The change in law
made by this Act applies only to the imposition of an administrative
penalty for a violation that occurs on or after the effective date of this
Act. The imposition of an administrative penalty for a violation that
occurs before the effective date of this Act is governed by the law in
effect on the date the violation occurred, and that law is continued in
effect for that purpose.
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No
equivalent provision.
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SECTION 6. (a) In this
section, "former governing body" means the Texas Veterans
Commission, relating to the oversight of Section 54.341, Education Code,
and former Sections 434.0079 and 434.00791, Government Code.
(b) On September 1, 2017:
(1) all functions and
activities relating to Section 54.341, Education Code, performed by the
former governing body immediately before that date are transferred to the
Texas Higher Education Coordinating Board;
(2) all rules, policies,
procedures, decisions, and forms adopted by the former governing body
relating to Section 54.341, Education Code, or former Sections 434.0079 and
434.00791, Government Code, are continued in effect as rules, policies,
procedures, decisions, and forms of the Texas Higher Education Coordinating
Board and remain in effect until amended or replaced by that board;
(3) a complaint, investigation,
or other proceeding before the former governing body that is related to
Section 54.341, Education Code, or former Sections 434.0079 and 434.00791,
Government Code, is transferred without change in status to the Texas
Higher Education Coordinating Board, and the Texas Higher Education
Coordinating Board assumes, as appropriate and without a change in status,
the position of the former governing body in an action or proceeding to
which the former governing body is a party;
(4) all money, contracts,
leases, property, and obligations of the former governing body relating to
Section 54.341, Education Code, or former Sections 434.0079 and 434.00791,
Government Code, are transferred to the Texas Higher Education Coordinating
Board;
(5) all property in the custody
of the former governing body related to Section 54.341, Education Code, or
former Sections 434.0079 and 434.00791, Government Code, is transferred to
the Texas Higher Education Coordinating Board; and
(6) the unexpended and
unobligated balance of any money appropriated by the legislature for the
former governing body related to Section 54.341, Education Code, or former
Sections 434.0079 and 434.00791, Government Code, is transferred to the
Texas Higher Education Coordinating Board.
(c) As soon as practicable
after the effective date of this Act, the Texas Veterans Commission may
agree with the Texas Higher Education Coordinating Board to transfer any
property of the Texas Veterans Commission to the Texas Higher Education
Coordinating Board to implement the transfer required by this Act.
(d) Unless the context
indicates otherwise, a reference to the former governing body in a law or
administrative rule that relates to Section 54.341, Education Code, or
former Sections 434.0079 and 434.00791, Government Code, means the Texas
Higher Education Coordinating Board.
(e) A license, permit,
certification, or registration issued by the former governing body is
continued in effect as a license, permit, certification, or registration of
the Texas Higher Education Coordinating Board.
(f) On September 1, 2017, all
full-time equivalent employee positions at the former governing body that
primarily concern the administration, enforcement, or other direct or
indirect support of Section 54.341, Education Code, or former Sections
434.0079 and 434.00791, Government Code, become positions at the Texas
Higher Education Coordinating Board. When filling the positions, the Texas
Higher Education Coordinating Board shall give first consideration to an
applicant who, as of August 31, 2017, was an employee at the former
governing body primarily involved in administering or enforcing Section
54.341, Education Code, or former Sections 434.0079 and 434.00791,
Government Code.
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No
equivalent provision.
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SECTION 7. In adopting rules
under this Act, including rules implementing authority transferred by this
Act from the Texas Veterans Commission, the Texas Higher Education
Coordinating Board shall engage institutions of higher education in a
negotiated rulemaking process as described by Chapter 2008, Government
Code.
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No
equivalent provision.
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SECTION 8. The changes in law
made by this Act apply beginning with tuition and fees charged for the 2017
fall semester. Tuition and fees charged for a term or semester before the
2017 fall semester are governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in effect for
that purpose.
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SECTION 4. (a) Except as otherwise provided by this
section, the changes in law made by this Act apply beginning with
tuition and fees charged for the 2017 fall semester. Tuition and fees
charged for a term or semester before the 2017 fall semester are governed
by the law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
(b)
Section 54.201, Education Code, as added 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 2018
fall semester.
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SECTION 9. 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, 2017.
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SECTION 5. Same as introduced
version.
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