By: Lozano H.B. No. 3766
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to tuition and fee exemptions at public institutions of
  higher education for legacy students who are eligible for tuition
  and fee exemptions under the Hazlewood Legacy Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Hazlewood Legacy
  Preservation Act.
         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.
         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
         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].
         SECTION 4.  Section 54.341(o), Education Code, is repealed.
         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.
         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.
         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.
         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.
         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.