Bill Text: TX SB1158 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to higher education for veterans and their families.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [SB1158 Detail]
Download: Texas-2013-SB1158-Enrolled.html
S.B. No. 1158 |
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relating to higher education for veterans and their families. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.341, Education Code, is amended by | ||
amending Subsections (a-2), (b), (d), (h), (i), (k), (k-1), (l), | ||
(m), and (n) and adding Subsections (a-4) and (o) to read as | ||
follows: | ||
(a-2) The exemptions provided for in Subsection (a) also | ||
apply to the spouse of: | ||
(1) a member of the armed forces of the United States: | ||
(A) who was killed in action; | ||
(B) who died while in service; | ||
(C) who is missing in action; | ||
(D) whose death is documented to be directly | ||
caused by illness or injury connected with service in the armed | ||
forces of the United States; or | ||
(E) who became totally and permanently disabled | ||
or meets the eligibility requirements for individual | ||
unemployability [ |
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disability ratings of the Department of Veterans Affairs as a | ||
result of a service-related injury; or | ||
(2) a member of the Texas National Guard or the Texas | ||
Air National Guard who: | ||
(A) was killed since January 1, 1946, while on | ||
active duty either in the service of this state or the United | ||
States; or | ||
(B) is totally and permanently disabled or meets | ||
the eligibility requirements for individual unemployability [ |
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the Department of Veterans Affairs, regardless of whether the | ||
member is eligible to receive disability benefits from the | ||
department, as a result of a service-related injury suffered since | ||
January 1, 1946, while on active duty either in the service of this | ||
state or the United States. | ||
(a-4) A person who before the 2014-2015 academic year | ||
received an exemption under this section continues to be eligible | ||
for the exemption provided by this section as this section existed | ||
on January 1, 2013. | ||
(b) The exemptions provided for in Subsection (a) also apply | ||
to: | ||
(1) the children of members of the armed forces of the | ||
United States: | ||
(A) who are or were killed in action; | ||
(B) who die or died while in service; | ||
(C) who are missing in action; | ||
(D) whose death is documented to be directly | ||
caused by illness or injury connected with service in the armed | ||
forces of the United States; or | ||
(E) who became totally and permanently disabled | ||
or meet the eligibility requirements for individual | ||
unemployability [ |
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disability ratings of the Department of Veterans Affairs as a | ||
result of a service-related injury; and | ||
(2) the children of members of the Texas National | ||
Guard and the Texas Air National Guard who: | ||
(A) were killed since January 1, 1946, while on | ||
active duty either in the service of their state or the United | ||
States; or | ||
(B) are totally and permanently disabled or meet | ||
the eligibility requirements for individual unemployability [ |
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the Department of Veterans Affairs, regardless of whether the | ||
members are eligible to receive disability benefits from the | ||
department, as a result of a service-related injury suffered since | ||
January 1, 1946, while on active duty either in the service of this | ||
state or the United States. | ||
(d) The governing board of each institution of higher | ||
education granting an exemption under this section shall require | ||
each applicant claiming the exemption to submit to the institution, | ||
in the form and manner prescribed by the Texas Veterans Commission | ||
for purposes of this section under Section 434.0079(b), Government | ||
Code, an application for the exemption and necessary [ |
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evidence that the applicant qualifies for the exemption not later | ||
than the last class date of the semester or term to which the | ||
exemption applies, except that the governing board may encourage | ||
the submission of an application and evidence by the official day of | ||
record for the semester or term to which the exemption applies on | ||
which the institution must determine the enrollment that is | ||
reported to the Texas Higher Education Coordinating Board [ |
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(h) The governing board of each institution of higher | ||
education shall electronically report to the Texas Veterans | ||
Commission [ |
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required by Section 434.00791, Government Code, [ |
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to each individual receiving an exemption from fees and charges | ||
under Subsection (a), (a-2), [ |
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shall report the information not later than January 31 [ |
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for the spring semester, and September 30 of each year for the | ||
summer session. | ||
(i) The Texas Veterans Commission [ |
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and uniform application of this section. In developing rules under | ||
this subsection, the commission shall consult with the Texas Higher | ||
Education Coordinating Board and institutions of higher education. | ||
(k) The Texas Veterans Commission [ |
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(1) a person who becomes eligible for an exemption | ||
provided by Subsection (a) to waive the person's right to any unused | ||
portion of the [ |
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which the person could receive the exemption and assign the | ||
exemption for the unused portion of those credit hours to a child of | ||
the person; and | ||
(2) following the death of a person who becomes | ||
eligible for an exemption provided by Subsection (a), the | ||
assignment of the exemption for the unused portion of the credit | ||
hours to a child of the person, to be made by the person's spouse or | ||
by the conservator, guardian, custodian, or other legally | ||
designated caretaker of the child, if the child does not otherwise | ||
qualify for an exemption under Subsection (b). | ||
(k-1) The procedures under Subsection (k) must provide: | ||
(1) the manner in which a person may waive the | ||
exemption; | ||
(2) the manner in which a child may be designated to | ||
receive the exemption; | ||
(3) a procedure permitting the designation of a | ||
different child to receive the exemption if the child previously | ||
designated to receive the exemption did not use the exemption under | ||
this section for all of the assigned portion of credit hours; [ |
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(4) a method of documentation to enable institutions | ||
of higher education to determine the eligibility of the designated | ||
child to receive the exemption; and | ||
(5) a procedure permitting a person who waived the | ||
exemption and designated a child to receive the exemption to revoke | ||
that designation as to any unused portion of the assigned credit | ||
hours. | ||
(l) To be eligible to receive an exemption under Subsection | ||
(k), the child must: | ||
(1) be a student who is classified as a resident under | ||
Subchapter B when the child enrolls in an institution of higher | ||
education; [ |
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(2) as a graduate or undergraduate student, maintain a | ||
grade point average that satisfies the grade point average | ||
requirement for making [ |
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degree, certificate, or continuing education program as determined | ||
by the institution at which the child is enrolled in accordance with | ||
the institution's policy regarding eligibility for [ |
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(3) be 25 years of age or younger on the first day of | ||
the semester or other academic term for which the exemption is | ||
claimed [ |
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(m) For purposes of this section, a person is the child of | ||
another person if [ |
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(1) the person is the stepchild or the biological or | ||
adopted child of the other person; or | ||
(2) the other person claimed the person as a dependent | ||
on a federal income tax return filed for the preceding year or will | ||
claim the person as a dependent on a federal income tax return for | ||
the current year. | ||
(n) The Texas Veterans Commission [ |
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child assigned an exemption under Subsection (k) who suffered from | ||
a severe illness or other debilitating condition that affected the | ||
child's ability to use the exemption before reaching the age | ||
described by Subsection (l)(3) [ |
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to use the exemption corresponding to the time the child was unable | ||
to use the exemption because of the illness or condition. | ||
(o) The Texas Higher Education Coordinating Board and the | ||
Texas Veterans Commission shall coordinate to provide each | ||
respective agency with any information required to ensure the | ||
proper administration of this section and the proper execution of | ||
each agency's statutory responsibilities concerning this section. | ||
SECTION 2. Subchapter D, Chapter 54, Education Code, is | ||
amended by adding Section 54.3411 to read as follows: | ||
Sec. 54.3411. PERMANENT FUND SUPPORTING MILITARY AND | ||
VETERANS EXEMPTIONS. (a) In this section, "trust company" means | ||
the Texas Treasury Safekeeping Trust Company. | ||
(b) The permanent fund supporting military and veterans | ||
exemptions is a special fund in the treasury outside the general | ||
revenue fund. The fund is composed of: | ||
(1) money transferred or appropriated to the fund by | ||
the legislature; | ||
(2) gifts and grants contributed to the fund; and | ||
(3) the returns received from investment of money in | ||
the fund. | ||
(c) The trust company shall administer the fund. The trust | ||
company shall determine the amount available for distribution from | ||
the fund, determined in accordance with a distribution policy that | ||
is adopted by the comptroller and designed to preserve the | ||
purchasing power of the fund's assets and to provide a stable and | ||
predictable stream of annual distributions. Expenses of managing | ||
the fund's assets shall be paid from the fund. Except as provided | ||
by this section, money in the fund may not be used for any purpose. | ||
Sections 403.095 and 404.071, Government Code, do not apply to the | ||
fund. | ||
(d) In managing the assets of the fund, through procedures | ||
and subject to restrictions the trust company considers | ||
appropriate, the trust company may acquire, exchange, sell, | ||
supervise, manage, or retain any kind of investment that a prudent | ||
investor, exercising reasonable care, skill, and caution, would | ||
acquire or retain in light of the purposes, terms, distribution | ||
requirements, and other circumstances of the fund then prevailing, | ||
taking into consideration the investment of all the assets of the | ||
fund rather than a single investment. | ||
(e) The amount available for distribution from the fund may | ||
be appropriated only to offset the cost to institutions of higher | ||
education of the exemptions required by Section 54.341(k). The | ||
amount appropriated shall be distributed to eligible institutions | ||
in proportion to each institution's respective share of the | ||
aggregate cost to all institutions of the exemptions required by | ||
Section 54.341(k), as determined by the Legislative Budget Board. | ||
The amount appropriated shall be distributed annually to each | ||
eligible institution of higher education. | ||
(f) The governing board of an institution of higher | ||
education entitled to receive money under this section may solicit | ||
and accept gifts and grants to the fund. A gift or grant to the fund | ||
must be distributed and appropriated for the purposes of the fund, | ||
subject to any limitation or requirement placed on the gift or grant | ||
by the donor or granting entity. | ||
SECTION 3. Subchapter A, Chapter 434, Government Code, is | ||
amended by adding Section 434.0079 to read as follows: | ||
Sec. 434.0079. DUTIES REGARDING CERTAIN TUITION AND FEE | ||
EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS. (a) The commission, | ||
through its veteran education program, shall assist veterans and | ||
their family members in claiming and qualifying for exemptions from | ||
the payment of tuition and fees at institutions of higher education | ||
under Section 54.341, Education Code. | ||
(b) The commission shall establish the application and | ||
necessary evidence requirements for a person to claim an exemption | ||
under Section 54.341, Education Code, at an institution of higher | ||
education. | ||
(c) The commission shall adopt rules governing the | ||
coordination of federal and state benefits of a person eligible to | ||
receive an exemption under Section 54.341(k), Education Code, | ||
including rules governing: | ||
(1) the total number of credit hours assigned under | ||
that section that a person may apply to an individual degree or | ||
certificate program, consistent with the standards of the | ||
appropriate recognized regional accrediting agency; and | ||
(2) the application of the assigned exemption to | ||
credit hours for which the institution of higher education does not | ||
receive state funding. | ||
SECTION 4. Section 61.0516, Education Code, is transferred | ||
to Subchapter A, Chapter 434, Government Code, redesignated as | ||
Section 434.00791, Government Code, and amended to read as follows: | ||
Sec. 434.00791 [ |
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TUITION EXEMPTIONS FOR VETERANS AND FAMILY MEMBERS [ |
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(a) In this section, "institution of higher education" has the | ||
meaning assigned by Section 61.003, Education Code. | ||
(b) The commission [ |
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to electronically monitor the use of tuition and fee exemptions at | ||
institutions of higher education under Section 54.341, Education | ||
Code, is developed. The system must allow the commission [ |
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electronically receive, for each semester, the following | ||
information from institutions of higher education: | ||
(1) the name of the institution; | ||
(2) the name, identification number, and date of birth | ||
of each individual attending the institution and receiving benefits | ||
for the semester under Section 54.341, Education Code; | ||
(3) for each individual receiving benefits, the number | ||
of credit hours for which the individual received an exemption for | ||
the semester; | ||
(4) for each individual receiving benefits at the | ||
institution during the semester, the total cumulative number of | ||
credit hours for which the individual has received an exemption at | ||
the institution; and | ||
(5) any other information required by the commission | ||
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(c) Not later than January 1, 2014, the Texas Higher | ||
Education Coordinating Board, under an agreement with the | ||
commission, shall provide access to the system developed by the | ||
coordinating board that meets the requirements of this section. | ||
This subsection expires September 1, 2015. | ||
SECTION 5. Chapter 434, Government Code, is amended by | ||
adding Subchapters F and G to read as follows: | ||
SUBCHAPTER F. VETERAN EDUCATION EXCELLENCE RECOGNITION AWARD | ||
NETWORK | ||
Sec. 434.251. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Texas Veterans Commission. | ||
(2) "Institution of higher education" has the meaning | ||
assigned by Section 61.003, Education Code. | ||
Sec. 434.252. VETERAN EDUCATION EXCELLENCE RECOGNITION | ||
AWARD NETWORK. (a) The commission by rule shall establish an | ||
award program under which institutions of higher education may | ||
receive recognition from the commission for excellence in providing | ||
education and related services to veterans. | ||
(b) For purposes of receiving an award under Subsection (a), | ||
the commission shall evaluate an institution of higher education | ||
regarding, as applicable, the existence and quality at the | ||
institution of: | ||
(1) a centralized place for students who are veterans | ||
to meet or find assistance and information; | ||
(2) an institution employee who serves as a central | ||
point of contact for students who are veterans; | ||
(3) a United States Department of Veterans Affairs | ||
work-study program; | ||
(4) admissions and enrollment policies for veterans; | ||
(5) new student orientation and courses for veterans; | ||
(6) a student organization for veterans; | ||
(7) academic support services for students who are | ||
veterans; | ||
(8) mental health and disability services; | ||
(9) a housing policy that applies to veterans; | ||
(10) faculty and staff training on issues affecting | ||
students who are veterans; | ||
(11) career services for students who are veterans; | ||
and | ||
(12) any other criteria considered necessary or | ||
appropriate by the commission. | ||
Sec. 434.253. RULEMAKING AUTHORITY. The commission may | ||
adopt rules as necessary to administer this subchapter. In | ||
developing rules under this section, the commission shall consult | ||
with the Texas Higher Education Coordinating Board and institutions | ||
of higher education. | ||
SUBCHAPTER G. VETERANS EDUCATION COUNSELORS PROGRAM | ||
Sec. 434.301. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Texas Veterans Commission. | ||
(2) "Institution of higher education" has the meaning | ||
assigned by Section 61.003, Education Code. | ||
Sec. 434.302. VETERANS EDUCATION COUNSELORS. The | ||
commission shall employ veterans education counselors. The | ||
veterans education counselors shall: | ||
(1) work with institutions of higher education and any | ||
existing veterans programs at those institutions to: | ||
(A) create a hospitable and supportive | ||
environment for veterans; | ||
(B) enhance awareness of and encourage | ||
participation in veterans educational programs and commission | ||
programs providing other services to veterans, including | ||
employment and claims assistance services; | ||
(C) develop programs providing ancillary | ||
assistance to veterans based on the unique needs of veterans and | ||
their family members; | ||
(D) ensure that veterans successfully complete | ||
their education; and | ||
(E) promote the establishment of a student | ||
veterans group on each campus of those institutions; | ||
(2) work with local, state, and national veterans | ||
groups, including the Veterans of Foreign Wars and the American | ||
Legion, to promote educational opportunities and benefits to the | ||
veteran population; | ||
(3) work with local workforce development boards to: | ||
(A) ensure that the veterans education | ||
counselors are aware of available nontraditional educational | ||
opportunities, including on-the-job training programs and | ||
apprenticeships; and | ||
(B) advise employers of potential opportunities | ||
to create on-the-job training programs for veterans; | ||
(4) work with education services officers at military | ||
installations to encourage active duty members of the armed forces | ||
of the United States and veterans to use federal and state | ||
educational benefits; | ||
(5) create and manage publicity campaigns in concert | ||
with the commission and institutions of higher education to promote | ||
the use of education benefits under the federal Post-9/11 Veterans | ||
Educational Assistance Act of 2008 (38 U.S.C. Section 3301 et | ||
seq.), the tuition exemption program for veterans and their family | ||
members under Section 54.341, Education Code, and any other | ||
education benefit for veterans or their family members under | ||
federal or state law; | ||
(6) support programs to assist students who are combat | ||
veterans in readjusting and reintegrating into a noncombat | ||
environment; | ||
(7) maintain statistical information regarding | ||
demographics of veterans assisted, application success, program | ||
completion rates, dropout rates, and reasons for success or | ||
failure, as appropriate; and | ||
(8) perform other activities, as assigned by the | ||
commission, to enhance the educational opportunities of veterans | ||
and their family members. | ||
Sec. 434.303. SUPPORT FROM INSTITUTIONS OF HIGHER | ||
EDUCATION. Each institution of higher education shall cooperate | ||
with the commission to provide information, as permitted by law, | ||
related to student veterans at the institution, provide access to | ||
veteran resource centers or other student meeting areas, and | ||
otherwise support the work of veterans education counselors. | ||
Sec. 434.304. RULEMAKING AUTHORITY. The commission may | ||
adopt rules to implement this subchapter. In developing rules | ||
under this section, the commission shall consult with the Texas | ||
Higher Education Coordinating Board and institutions of higher | ||
education. | ||
SECTION 6. Subdivision (4), Subsection (b), Section 9.01, | ||
Chapter 1049 (Senate Bill No. 5), Acts of the 82nd Legislature, | ||
Regular Session, 2011, which would repeal Subsection (h), Section | ||
54.203, Education Code, effective September 1, 2013, is repealed | ||
and does not take effect, and Subsection (h), Section 54.341, | ||
Education Code, which was redesignated from Subsection (h), Section | ||
54.203, Education Code, by Chapter 359 (Senate Bill No. 32), Acts of | ||
the 82nd Legislature, Regular Session, 2011, remains in effect as | ||
amended by this Act. | ||
SECTION 7. The changes in law made by this Act by amending | ||
Subsections (d), (h), (i), (k), and (n), Section 54.341, Education | ||
Code, apply beginning with tuition and fees for the 2014 fall | ||
semester. Tuition and fees for a term or semester before the 2014 | ||
fall semester are covered 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 8. In adopting rules under this Act, including | ||
rules implementing authority transferred by this Act from the Texas | ||
Higher Education Coordinating Board, the Texas Veterans Commission | ||
shall engage institutions of higher education in a negotiated | ||
rulemaking process as described by Chapter 2008, Government Code. | ||
SECTION 9. As soon as practicable after the effective date | ||
of this Act, the Texas Veterans Commission shall employ the | ||
veterans education counselors as required by Subchapter G, Chapter | ||
434, Government Code, as added by this Act. | ||
SECTION 10. (a) Except as provided by Subsection (b) of | ||
this section: | ||
(1) 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; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect on the 91st day after the | ||
last day of the legislative session. | ||
(b) Subchapter F, Chapter 434, Government Code, as added by | ||
Section 5 of this Act, takes effect September 1, 2014. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1158 passed the Senate on | ||
April 25, 2013, by the following vote: Yeas 19, Nays 9; | ||
May 24, 2013, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 25, 2013, House | ||
granted request of the Senate; May 26, 2013, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1158 passed the House, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 147, | ||
Nays 1, two present not voting; May 25, 2013, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 26, 2013, House adopted Conference Committee Report by the | ||
following vote: Yeas 146, Nays 1, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |