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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting certain individuals who are homeless from the |
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payment of tuition and fees at public institutions of higher |
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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 INDIVIDUALS WHO ARE HOMELESS. |
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(a) In this section, "individual who is homeless": |
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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), an institution of |
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higher education may exempt from the payment of tuition and fees |
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authorized in this chapter, including tuition and fees charged for |
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a dual credit course or other course for which a high school student |
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may earn joint high school and college credit, an individual who is |
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homeless if the individual: |
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(1) submits to the institution of higher education not |
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later than June 30 of each year, as prescribed by Texas Higher |
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Education Coordinating Board rule, a notarized affidavit: |
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(A) confirming the individual's status as an |
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individual who is homeless from: |
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(i) a high school or school district |
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homeless liaison or other employee of the school district in which |
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the individual is enrolled; |
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(ii) the director of an emergency shelter |
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or transitional housing program funded by the United States |
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Department of Housing and Urban Development; |
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(iii) the director of: |
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(a) a basic center for runaway and |
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homeless youth; or |
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(b) a transitional living program; |
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(iv) a state homeless education counselor, |
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if any; |
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(v) an employee of the National Center for |
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Homeless Education; |
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(vi) a third party, including a private or |
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publicly funded homeless shelter or service provider; |
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(vii) a college financial aid administrator |
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other than an administrator employed by the institution of higher |
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education; |
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(viii) an employee from a college access |
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program; |
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(ix) a counselor at a high school the |
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individual attended or a college counselor; or |
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(x) a mental health professional, social |
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worker, mentor, physician, or member of the clergy; and |
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(B) demonstrating financial need as determined |
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by Texas Higher Education Coordinating Board rule; and |
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(2) enrolls in the 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. |
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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) An individual is not eligible for an exemption under |
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this section if the individual: |
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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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2022 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, 2021. |