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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting certain homeless individuals from the payment |
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of tuition and fees at public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 54, Education Code, is |
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amended by adding Section 54.3671 to read as follows: |
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Sec. 54.3671. EXEMPTIONS FOR HOMELESS INDIVIDUALS. (a) In |
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this section, "homeless individual": |
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(1) means an individual who: |
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(A) lacks a fixed, regular, and adequate |
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nighttime residence; or |
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(B) has a primary nighttime residence that is: |
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(i) a supervised publicly or privately |
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operated shelter designed to provide temporary living |
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accommodations, including welfare hotels, congregate shelters, and |
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transitional housing for the mentally ill; |
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(ii) an institution that provides a |
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temporary residence for individuals intended to be |
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institutionalized; or |
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(iii) a public or private place not |
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designed for, or ordinarily used as, a regular sleeping |
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accommodation for human beings; and |
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(2) does not include an individual who is imprisoned |
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or otherwise detained in a correctional facility. |
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(b) Except as provided by Subsection (e), a homeless |
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individual is exempt from the payment of tuition and fees |
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authorized in this chapter, including tuition and fees charged by |
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an institution of higher education for a dual credit course or other |
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course for which a high school student may earn joint high school |
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and college credit, if the individual: |
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(1) submits to the institution of higher education, as |
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prescribed by Texas Higher Education Coordinating Board rule, a |
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notarized affidavit confirming the individual's status as a |
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homeless individual from: |
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(A) an employee of a homeless shelter or |
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transitional housing facility; |
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(B) an employee of an organization that provides |
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to homeless individuals or assists homeless individuals in |
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obtaining services such as health services, mental or behavioral |
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health services, substance abuse services, public assistance |
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services, or employment services; |
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(C) an attorney licensed to practice law in this |
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state; |
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(D) a peace officer who is an official homeless |
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liaison; |
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(E) an employee of a faith-based organization |
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that provides benefits or services to homeless individuals; or |
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(F) a counselor or administrator at a school |
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attended by the homeless individual; |
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(2) enrolls in an institution of higher education as |
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an undergraduate student or in a dual credit course or other course |
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for which a high school student may earn joint high school and |
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college credit not later than the individual's 25th birthday; and |
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(3) demonstrates financial need as determined by Texas |
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Higher Education Coordinating Board rule. |
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(c) A person may not charge a fee for providing or |
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notarizing the affidavit described by Subsection (b). |
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(d) An affidavit described by Subsection (b) may not be used |
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for an exemption under this section if the affidavit was signed more |
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than 60 days before the date the affidavit is submitted to an |
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institution of higher education under Subsection (b). |
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(e) A person is not eligible for an exemption under this |
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section if the person: |
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(1) has previously received an exemption under this |
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section for 10 semesters or summer sessions at any institution or |
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institutions of higher education; |
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(2) has received a baccalaureate degree; or |
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(3) is subject to the registration requirements of |
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Chapter 62, Code of Criminal Procedure. |
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SECTION 2. (a) Section 54.3671, Education Code, as added by |
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this Act, applies beginning with tuition and fees charged for the |
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2020 spring semester. |
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(b) The Texas Higher Education Coordinating Board shall |
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adopt rules to implement Section 54.3671, Education Code, as added |
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by this Act, as soon as practicable after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2019. |