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A BILL TO BE ENTITLED
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AN ACT
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relating to tuition and fee exemptions at public institutions of |
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higher education for certain students who were under the |
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conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 54.366(a) and (c), Education Code, are |
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amended to read as follows: |
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(a) A student 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 student[: |
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[(1)] was under the conservatorship of the Department |
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of Family and Protective Services: |
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(1) [(A)] on the day preceding the student's 18th |
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birthday; |
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(2) [(B)] on or after the day of the student's 14th |
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birthday, if the student was also eligible for adoption on or after |
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that day; |
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(3) [(C)] on the day the student graduated from high |
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school or received the equivalent of a high school diploma; |
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(4) [(D)] on the day preceding: |
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(A) [(i)] the date the student is adopted, if |
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that date is on or after September 1, 2009; or |
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(B) [(ii)] the date permanent managing |
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conservatorship of the student is awarded to a person other than the |
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student's parent, if that date is on or after September 1, 2009; or |
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(5) [(E)] during an academic term in which the student |
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was enrolled in a dual credit course or other course for which a |
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high school student may earn joint high school and college credit[; |
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and |
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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 student's 25th birthday]. |
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(c) Notwithstanding Subsection (a) [(a)(1)], a child who |
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exits the conservatorship of the Department of Family and |
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Protective Services and is returned to the child's parent, |
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including a parent whose parental rights were previously |
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terminated, may be exempt from the payment of tuition and fees if |
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the department determines that the child is eligible under |
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department rule. The executive commissioner of the Health and |
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Human Services Commission shall by rule develop factors for |
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determining eligibility under this subsection in consultation with |
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the department and the Texas Higher Education Coordinating Board. |
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SECTION 2. The changes in law made by this Act to Section |
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54.366, Education Code, apply beginning with tuition and fees |
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charged for the 2023 fall semester. Tuition and fees charged for a |
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term or semester before the 2023 fall semester are governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |