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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 legacy students who are eligible for tuition |
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and fee exemptions under the Hazlewood Legacy Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Hazlewood Legacy |
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Preservation Act. |
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SECTION 1.01. Section 54.341, Education Code, is amended by |
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amending Subsections (a), (c), (d), (h), (i), (k), (l), and (n) and |
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adding Subsection (a-5) 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 currently |
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resides in this state and entered the service at a location in this |
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state, declared this state as the person's home of record in the |
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manner provided by the applicable military or other service, or |
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would have been determined to be a resident of this state for |
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purposes of Subchapter B at the time the 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 four years [180 days] and |
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who served a 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-5) A person who received an exemption under this section |
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for an academic year before the 2017-2018 academic year continues |
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to be eligible for the exemption provided by this section as this |
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section existed on January 1, 2017. |
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(c) A person may not receive exemptions provided for by this |
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section for more than a cumulative total of 150 credit hours. A |
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person may not receive an exemption provided for by this section |
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after the end of the 15th year after the date the member of the armed |
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forces of the United States who qualifies for an exemption under |
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Subsection (a) is honorably discharged. |
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(d) The governing board of each institution of higher |
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education granting an exemption under this section shall require |
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each applicant claiming the exemption to submit to the institution, |
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in the form and manner prescribed by the Texas Higher Education |
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Coordinating Board [Veterans Commission] for purposes of this |
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section under Section 61.101(b) [434.0079(b), Government Code], an |
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application for the exemption and necessary evidence that the |
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applicant qualifies for the exemption not later than the last class |
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date of the semester or term to which the exemption applies, except |
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that the governing board may encourage the submission of an |
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application and evidence by the official day of record for the |
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semester or term to which the exemption applies on which the |
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institution must determine the enrollment that is reported to the |
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coordinating board [Texas Higher Education Coordinating Board]. |
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(h) The governing board of each institution of higher |
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education shall electronically report to the Texas Higher Education |
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Coordinating Board [Veterans Commission] the information required |
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by Section 61.102 [434.00791, Government Code,] relating to each |
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individual receiving an exemption from fees and charges under |
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Subsection (a), (a-2), (b), or (k). The institution shall report |
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the information not later than January 31 of each year for the fall |
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semester, June 30 of each year for the spring semester, and |
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September 30 of each year for the summer session. |
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(i) The Texas Higher Education Coordinating Board [Veterans
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Commission] may adopt rules to provide for the efficient and |
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uniform application of this section. In developing rules under |
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this subsection, the coordinating board [commission] shall consult |
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with [the Texas Higher Education Coordinating Board and] |
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institutions of higher education. |
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(k) The Texas Higher Education Coordinating Board [Veterans
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Commission] by rule shall prescribe 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 the |
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unused portion of those credit hours to a 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 the unused portion of the credit |
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hours to a child of the person, to be made by the person's spouse or |
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by the conservator, guardian, custodian, or other legally |
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designated caretaker of the child, if the child does not otherwise |
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qualify for an exemption under Subsection (b). |
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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) be a student who is classified as a resident under |
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Subchapter B when the child enrolls in an institution of higher |
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education; |
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(2) as a graduate or undergraduate student, maintain a |
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grade point average that satisfies the grade point average |
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requirement for making satisfactory academic progress in a degree, |
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certificate, or continuing education program as determined by the |
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institution at which the child is enrolled in accordance with the |
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institution's policy regarding eligibility for financial aid; |
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[and] |
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(3) be 25 years of age or younger on the first day of |
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the semester or other academic term for which the exemption is |
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claimed; and |
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(4) complete a Free Application for Federal Student |
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Aid (FAFSA). |
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(n) The Texas Higher Education Coordinating Board [Veterans
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Commission] by rule shall prescribe procedures by which a child |
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assigned an exemption under Subsection (k) who suffered from a |
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severe illness or other debilitating condition that affected the |
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child's ability to use the exemption before reaching the age |
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described by Subsection (l)(3) may be granted additional time to |
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use the exemption corresponding to the time the child was unable to |
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use the exemption because of the illness or condition. |
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SECTION 2. Chapter 61, Education Code, is amended by adding |
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Subchapter D-1, and a heading is added to that subchapter to read as |
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follows: |
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SUBCHAPTER D-1. DUTIES REGARDING CERTAIN TUITION AND FEE EXEMPTIONS |
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FOR VETERANS AND FAMILY MEMBERS |
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SECTION 3. Sections 434.0079 and 434.00791, Government |
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Code, are transferred to Subchapter D-1, Chapter 61, Education |
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Code, as added by this Act, redesignated as Sections 61.101 and |
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61.102, Education Code, and amended to read as follows: |
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Sec. 61.101 [434.0079]. DUTIES REGARDING CERTAIN TUITION |
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AND FEE EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS. (a) The board |
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[commission, through its veteran education program,] shall assist |
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veterans and their family members in claiming and qualifying for |
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exemptions from the payment of tuition and fees at institutions of |
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higher education under Section 54.341[, Education Code]. |
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(b) The board [commission] shall establish the application |
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and necessary evidence requirements for a person to claim an |
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exemption under Section 54.341[, Education Code,] at an institution |
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of higher education. The requirements established under this |
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subsection must include a requirement that a person claiming an |
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exemption under Section 54.341 submit an official certificate of |
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honorable discharge. |
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(c) The board [commission] shall adopt rules governing the |
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coordination of federal and state benefits of a person eligible to |
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receive an exemption under Section 54.341(k)[, Education Code], |
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including rules governing: |
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(1) the total number of credit hours assigned under |
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that section that a person may apply to an individual degree or |
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certificate program, consistent with the standards of the |
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appropriate recognized regional accrediting agency; and |
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(2) the application of the assigned exemption to |
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credit hours for which the institution of higher education does not |
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receive state funding. |
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Sec. 61.102 [434.00791]. ELECTRONIC SYSTEM TO MONITOR |
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TUITION EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS. [(a) In this
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section, "institution of higher education" has the meaning assigned
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by Section 61.003, Education Code.
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[(b)] The board |
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[commission] shall ensure a system to |
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electronically monitor the use of tuition and fee exemptions at |
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institutions of higher education under Section 54.341[, Education
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Code,] is developed. The system must allow the board [commission] |
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to electronically receive, for each semester, the following |
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information from institutions of higher education: |
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(1) the name of the institution; |
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(2) the name, identification number, and date of birth |
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of each individual attending the institution and receiving benefits |
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for the semester under Section 54.341[, Education Code]; |
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(3) for each individual receiving benefits, the number |
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of credit hours for which the individual received an exemption for |
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the semester; |
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(4) for each individual receiving benefits at the |
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institution during the semester, the total cumulative number of |
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credit hours for which the individual has received an exemption at |
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the institution; and |
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(5) any other information required by the board |
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[commission]. |
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SECTION 4. Section 54.341(o), Education Code, is repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to the imposition of an administrative penalty for a violation that |
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occurs on or after the effective date of this Act. The imposition |
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of an administrative penalty for a violation that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the violation occurred, and that law is continued in effect for |
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that purpose. |
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SECTION 6. (a) In this section, "former governing body" |
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means the Texas Veterans Commission, relating to the oversight of |
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Section 54.341, Education Code, and former Sections 434.0079 and |
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434.00791, Government Code. |
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(b) On September 1, 2017: |
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(1) all functions and activities relating to Section |
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54.341, Education Code, performed by the former governing body |
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immediately before that date are transferred to the Texas Higher |
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Education Coordinating Board; |
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(2) all rules, policies, procedures, decisions, and |
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forms adopted by the former governing body relating to Section |
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54.341, Education Code, or former Sections 434.0079 and 434.00791, |
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Government Code, are continued in effect as rules, policies, |
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procedures, decisions, and forms of the Texas Higher Education |
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Coordinating Board and remain in effect until amended or replaced |
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by that board; |
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(3) a complaint, investigation, or other proceeding |
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before the former governing body that is related to Section 54.341, |
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Education Code, or former Sections 434.0079 and 434.00791, |
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Government Code, is transferred without change in status to the |
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Texas Higher Education Coordinating Board, and the Texas Higher |
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Education Coordinating Board assumes, as appropriate and without a |
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change in status, the position of the former governing body in an |
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action or proceeding to which the former governing body is a party; |
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(4) all money, contracts, leases, property, and |
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obligations of the former governing body relating to Section |
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54.341, Education Code, or former Sections 434.0079 and 434.00791, |
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Government Code, are transferred to the Texas Higher Education |
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Coordinating Board; |
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(5) all property in the custody of the former |
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governing body related to Section 54.341, Education Code, or former |
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Sections 434.0079 and 434.00791, Government Code, is transferred to |
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the Texas Higher Education Coordinating Board; and |
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(6) the unexpended and unobligated balance of any |
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money appropriated by the legislature for the former governing body |
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related to Section 54.341, Education Code, or former Sections |
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434.0079 and 434.00791, Government Code, is transferred to the |
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Texas Higher Education Coordinating Board. |
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(c) As soon as practicable after the effective date of this |
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Act, the Texas Veterans Commission may agree with the Texas Higher |
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Education Coordinating Board to transfer any property of the Texas |
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Veterans Commission to the Texas Higher Education Coordinating |
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Board to implement the transfer required by this Act. |
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(d) Unless the context indicates otherwise, a reference to |
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the former governing body in a law or administrative rule that |
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relates to Section 54.341, Education Code, or former Sections |
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434.0079 and 434.00791, Government Code, means the Texas Higher |
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Education Coordinating Board. |
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(e) A license, permit, certification, or registration |
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issued by the former governing body is continued in effect as a |
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license, permit, certification, or registration of the Texas Higher |
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Education Coordinating Board. |
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(f) On September 1, 2017, all full-time equivalent employee |
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positions at the former governing body that primarily concern the |
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administration, enforcement, or other direct or indirect support of |
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Section 54.341, Education Code, or former Sections 434.0079 and |
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434.00791, Government Code, become positions at the Texas Higher |
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Education Coordinating Board. When filling the positions, the |
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Texas Higher Education Coordinating Board shall give first |
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consideration to an applicant who, as of August 31, 2017, was an |
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employee at the former governing body primarily involved in |
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administering or enforcing Section 54.341, Education Code, or |
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former Sections 434.0079 and 434.00791, Government Code. |
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SECTION 7. In adopting rules under this Act, including |
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rules implementing authority transferred by this Act from the Texas |
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Veterans Commission, the Texas Higher Education Coordinating Board |
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shall engage institutions of higher education in a negotiated |
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rulemaking process as described by Chapter 2008, Government Code. |
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SECTION 8. The changes in law made by this Act apply |
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beginning with tuition and fees charged for the 2017 fall semester. |
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Tuition and fees charged for a term or semester before the 2017 fall |
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semester are governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. 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, 2017. |