88R6159 JTZ-F
 
  By: J. Johnson of Harris H.B. No. 1976
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to tuition and fee exemptions at public institutions of
  higher education for certain students who were under the
  conservatorship of the Department of Family and Protective
  Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 54.366(a) and (c), Education Code, are
  amended to read as follows:
         (a)  A student is exempt from the payment of tuition and fees
  authorized in this chapter, including tuition and fees charged by
  an institution of higher education for a dual credit course or other
  course for which a high school student may earn joint high school
  and college credit, if the student[:
               [(1)]  was under the conservatorship of the Department
  of Family and Protective Services:
               (1) [(A)]  on the day preceding the student's 18th
  birthday;
               (2) [(B)]  on or after the day of the student's 14th
  birthday, if the student was also eligible for adoption on or after
  that day;
               (3) [(C)]  on the day the student graduated from high
  school or received the equivalent of a high school diploma;
               (4) [(D)]  on the day preceding:
                     (A) [(i)]  the date the student is adopted, if
  that date is on or after September 1, 2009; or
                     (B) [(ii)]  the date permanent managing
  conservatorship of the student is awarded to a person other than the
  student's parent, if that date is on or after September 1, 2009; or
               (5) [(E)]  during an academic term in which the student
  was enrolled in a dual credit course or other course for which a
  high school student may earn joint high school and college credit[;
  and
               [(2)  enrolls in an institution of higher education as
  an undergraduate student or in a dual credit course or other course
  for which a high school student may earn joint high school and
  college credit not later than the student's 25th birthday].
         (c)  Notwithstanding Subsection (a) [(a)(1)], a child who
  exits the conservatorship of the Department of Family and
  Protective Services and is returned to the child's parent,
  including a parent whose parental rights were previously
  terminated, may be exempt from the payment of tuition and fees if
  the department determines that the child is eligible under
  department rule.  The executive commissioner of the Health and
  Human Services Commission shall by rule develop factors for
  determining eligibility under this subsection in consultation with
  the department and the Texas Higher Education Coordinating Board.
         SECTION 2.  The changes in law made by this Act to Section
  54.366, Education Code, apply beginning with tuition and fees
  charged for the 2023 fall semester.  Tuition and fees charged for a
  term or semester before the 2023 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 3.  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, 2023.