Bill Text: TX HB4089 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to tuition and fee exemptions at public institutions of higher education for certain military personnel and their dependents.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-04-12 - Left pending in committee [HB4089 Detail]
Download: Texas-2017-HB4089-Introduced.html
By: Miller | H.B. No. 4089 |
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relating to tuition and fee exemptions at public institutions of | ||
higher education for certain military personnel and their | ||
dependents. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.341, Education Code, is amended by | ||
amending Subsections (a), (b-1), (c), (d), (e), (f), (k), and (l) | ||
and adding Subsections (a-5),(c-1), and (c-2) to read as follows: | ||
(a) The governing board of each institution of higher | ||
education shall exempt the following persons from the payment of | ||
tuition, dues, fees, and other required charges, including fees for | ||
correspondence courses but excluding general deposit fees, student | ||
services fees, and any fees or charges for lodging, board, or | ||
clothing, provided the person seeking the exemption currently | ||
resides in this state and entered the service at a location in this | ||
state, declared this state as the person's home of record in the | ||
manner provided by the applicable military or other service, or | ||
would have been determined to be a resident of this state for | ||
purposes of Subchapter B at the time the person entered the service: | ||
(1) all nurses and honorably discharged members of the | ||
armed forces of the United States who served during the | ||
Spanish-American War or during World War I; | ||
(2) all nurses, members of the Women's Army Auxiliary | ||
Corps, members of the Women's Auxiliary Volunteer Emergency | ||
Service, and all honorably discharged members of the armed forces | ||
of the United States who served during World War II except those who | ||
were discharged from service because they were over the age of 38 or | ||
because of a personal request on the part of the person that the | ||
person be discharged from service; | ||
(3) all honorably discharged men and women of the | ||
armed forces of the United States who served during the national | ||
emergency which began on June 27, 1950, and which is referred to as | ||
the Korean War; and | ||
(4) all persons who were honorably discharged from the | ||
armed forces of the United States after serving |
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served a portion of their |
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(A) the Cold War which began on the date of the | ||
termination of the national emergency cited in Subdivision (3); | ||
(B) the Vietnam era which began on December 21, | ||
1961, and ended on May 7, 1975; | ||
(C) the Grenada and Lebanon era which began on | ||
August 24, 1982, and ended on July 31, 1984; | ||
(D) the Panama era which began on December 20, | ||
1989, and ended on January 21, 1990; | ||
(E) the Persian Gulf War which began on August 2, | ||
1990, and ends on the date thereafter prescribed by Presidential | ||
proclamation or September 1, 1997, whichever occurs first; | ||
(F) the national emergency by reason of certain | ||
terrorist attacks that began on September 11, 2001; or | ||
(G) any future national emergency declared in | ||
accordance with federal law. | ||
(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 according to the 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 | ||
according to the disability ratings of 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 exceptions 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 requirement for individual unemployability | ||
according to the disability rating 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 | ||
according to the disability ratings of 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. | ||
(a-5) A person who currently resides in this state and | ||
entered the service at a location in this state, declared this state | ||
as the person's home of record in the manner provided by the | ||
applicable military or other service, or would have been determined | ||
to be a resident of this state and entered service before September | ||
1, 2017, qualifies for the exemption under the previous rules and | ||
guidelines. | ||
(b-1) To qualify for an exemption under Subsection (a-2) or | ||
(b), the spouse or child must be classified as a resident under | ||
Subchapter B on the date of the spouse's or child's registration. | ||
(c) Subject to Subsection (c-1), a [ |
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receive exemptions provided for by this section for more than a | ||
cumulative total of 150 hours. | ||
(c-1) In addition to the limitation prescribed by | ||
Subsection (c), a person who qualifies for an exemption under | ||
Subsection (a) based on the person's military service, or a person | ||
to whom an exemption is assigned under Subsection (k) based on the | ||
military service of the person's parent, may not receive the | ||
exemption for a semester or other academic term the first class date | ||
of which is later than the 20th anniversary of the date of the | ||
person's or parent's honorable discharge from military service, as | ||
applicable. This subsection does not apply to a person who is | ||
eligible to receive an exemption under Subsection (a-2) or to | ||
continue to receive an exemption under Subsection (a-1), (a-3), | ||
(a-4), or (a-5). | ||
(c-2) A person may not receive exemptions provided for by | ||
Subsection (a) after the completion of one graduate degree. | ||
(d) Not later than the last class date of the semester or | ||
term to which an exemption under this section applies, except that | ||
the governing board may encourage an earlier submission by the | ||
official day of record for that semester or term on which the | ||
institution must determine the enrollment that is reported to the | ||
Texas Higher Education Coordinating Board, the [ |
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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: | ||
(1) [ |
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evidence that the applicant qualifies for the exemption; | ||
(2) a completed Free Application for Federal Student | ||
Aid (FAFSA); and | ||
(3) a degree plan listing all courses required to | ||
graduate evaluated and signed by the applicant's academic advisor | ||
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(e) The exemption from tuition, fees, and other charges | ||
provided for by this section does not apply to a person who at the | ||
time of registration is entitled to receive state or federal grant | ||
aid or educational benefits under federal legislation that may be | ||
used only for the payment of tuition and fees if the value of the | ||
grant aid and [ |
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is equal to or exceeds the value of the exemption for the same | ||
semester or other term. If the value of state or federal grant aid | ||
or federal benefits that may be used only for the payment of tuition | ||
and fees and are received in a semester or other term does not equal | ||
or exceed the value of the exemption for the same semester or other | ||
term, the person is entitled to receive both the grant aid or | ||
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other term. The combined amount of the state or federal grant aid | ||
or federal benefit that may be used only for the payment of tuition | ||
and fees plus the amount of the exemption received in a semester or | ||
other term may not exceed the cost of tuition and fees for that | ||
semester or other term. An institution of higher education may not | ||
require a person eligible for an exemption under Subsection (a) to | ||
apply for or obtain a student loan. | ||
(f) A person may apply an exemption under this section only | ||
to credit hours for which the Texas Higher Education Coordinating | ||
Board certifies student enrollment for the purposes of formula | ||
funding [ |
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(k) Subject to the limitation prescribed by Subsection | ||
(k-2) the |
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procedures to allow: | ||
(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 number of cumulative credit hours, not to exceed 150 | ||
credit hours, for 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, not to exceed 150 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-2) A person who becomes eligible for an exemption | ||
provided by Subsection (a) must have served for at least six years | ||
before any portion of the exemption may be assigned to a child of | ||
the person under Subsection (k). | ||
(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; | ||
(2) |
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(3) maintain: | ||
(A) a course load of at least 24 semester credit | ||
hours per academic year; and | ||
(B) a cumulative grade point average of at least | ||
2.5 on a four-point scale or the equivalent; and | ||
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of the semester or other academic term for which the exemption is | ||
claimed; and | ||
(5) if eligible, have exhausted all benefits available | ||
to the child under the federal Post-9/11 Veterans Educational | ||
Assistance Act of 2008 (38 U.S.C. Section 3301 et seq.) or any other | ||
federal law authorizing educational benefits for veterans. | ||
SECTION 2. The changes in law made by this Act to Section | ||
54.341, Education Code, apply beginning with tuition and fees | ||
charged for the 2017 fall semester. Tuition and fees charged for a | ||
term or semester before the 2017 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. (a) A joint interim committee is created to | ||
study and review the exemption from tuition, fees, and other | ||
charges provided under Section 54.341, Education Code, as amended | ||
by this Act. | ||
(b) The committee is composed of: | ||
(1) five members of the senate standing committee with | ||
primary jurisdiction over higher education appointed by the | ||
lieutenant governor; and | ||
(2) five members of the house standing committee with | ||
primary jurisdiction over higher education appointed by the speaker | ||
of the house of representatives. | ||
(c) The lieutenant governor and the speaker of the house of | ||
representatives shall: | ||
(1) jointly designate a committee chair; or | ||
(2) if the lieutenant governor and the speaker of the | ||
house of representatives do not agree to jointly designate a | ||
committee chair, designate co-chairs from among the lieutenant | ||
governor's and the speaker's respective appointments. | ||
(d) The committee shall convene at the call of the chair or, | ||
if applicable, at the call of one of the co-chairs. | ||
(e) The committee has all other powers and duties provided | ||
to a special or select committee by the rules of the senate and | ||
house of representatives, by Subchapter B, Chapter 301, Government | ||
Code, and by policies of the senate and house committees on | ||
administration. | ||
(f) Not later than December 1, 2018, the committee shall | ||
report the committee's findings and recommendations to the governor | ||
and the members of the legislature. The committee shall include in | ||
its recommendations specific statutory and rule changes that appear | ||
necessary from the results of the committee's study. | ||
(g) Not later than the 60th day after the effective date of | ||
this Act, the lieutenant governor and the speaker of the house of | ||
representatives shall appoint the members of the committee created | ||
under this section. | ||
(h) The committee is abolished and this section expires | ||
March 1, 2019. | ||
SECTION 4. 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, 2017. |