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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability for unpaid tuition and fees at a public |
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institution of higher education due to a misclassification of |
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certain military personnel and their dependents. |
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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 54.3412 to read as follows: |
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Sec. 54.3412. LIABILITY FOR UNPAID TUITION AND REQUIRED |
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FEES DUE TO MISCLASSIFICATION AS TEXAS VETERAN, SPOUSE, OR |
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DEPENDENT. (a) An institution of higher education may elect to |
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collect all or part of any tuition, fees, or other required charges |
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for which a person was granted an exemption under Section 54.341 if |
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the person did not qualify for that exemption. The person is liable |
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for the amount of tuition, fees, and other required charges the |
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person would have paid to the institution without the exemption. |
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(b) The person shall pay the applicable amount to the |
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institution of higher education not later than the 30th day after |
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the date the person is notified of the person's liability for the |
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amount owed. After receiving the notice and until the amount is |
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paid in full, the person is not entitled to receive from the |
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institution a certificate or diploma, if not yet awarded on the date |
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of the notice, or official transcript that is based at least |
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partially on or includes credit for courses taken while the person |
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was erroneously granted an exemption under Section 54.341. |
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(c) The Texas Veterans Commission periodically shall audit |
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applications submitted by persons seeking an exemption from |
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tuition, fees, and other required charges under Section 54.341 to |
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verify qualifications for the exemptions under that section. The |
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commission shall ensure an audit under this subsection is conducted |
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in compliance with federal law regarding confidentiality of student |
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medical or educational information, including the Health Insurance |
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Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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et seq.) and the Family Educational Rights and Privacy Act of 1974 |
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(20 U.S.C. Section 1232g), and any state law relating to the privacy |
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of student information. The commission shall report the findings |
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of its audits to the applicable institutions of higher education. |
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SECTION 2. This Act takes effect September 1, 2019. |