S.B. No. 32

	AN ACT
	relating to the consolidation of related higher education programs
	governing tuition, fee exemptions, and waivers respective to
	specific target populations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 54.070, 54.059, 54.063, 54.064, 54.065,
	54.066, 54.073, 54.060, 54.074, 54.058, 54.069, and 54.013,
	Education Code, are transferred to Subchapter D, Chapter 54,
	Education Code, redesignated as Sections 54.206, 54.211, 54.212,
	54.213, 54.214, 54.222, 54.223, 54.231, 54.232, 54.241, 54.251, and
	54.263, Education Code, respectively, and, as indicated, amended;
	Sections 54.201, 54.207, 54.219, 54.209, 54.215, 54.2155, 54.204,
	54.2041, 54.221, 54.222, 54.212, 54.213, 54.214, 54.205, 54.210,
	54.2111, and 54.224, Education Code, are redesignated as Sections
	54.301, 54.331, 54.342, 54.343, 54.344, 54.345, 54.351, 54.352,
	54.355, 54.356, 54.361, 54.362, 54.363, 54.364, 54.365, 54.367, and
	54.368, Education Code, respectively, and, as indicated, amended;
	Section 54.203, Education Code, as amended by Chapters 1340 (S.B.
	93) and 1369 (S.B. 847), Acts of the 81st Legislature, Regular
	Session, 2009, is reenacted, redesignated as Section 54.341,
	Education Code, and amended; Section 54.211, Education Code, as
	amended by Chapters 45 (S.B. 43) and 1372 (S.B. 939), Acts of the
	81st Legislature, Regular Session, 2009, is reenacted,
	redesignated as Section 54.366, Education Code, and amended;
	Section 615.0225, Government Code, is transferred to Subchapter D,
	Chapter 54, Education Code, redesignated as Section 54.354,
	Education Code, and amended; and Subchapter D, Chapter 54,
	Education Code, is amended by amending the subchapter heading,
	amending Sections 54.216, 54.217, and 54.218, and adding Sections
	54.221, 54.233, 54.261, and 54.262 to read as follows:
	SUBCHAPTER D.  WAIVERS, EXEMPTIONS, AND OTHER [FROM] TUITION AND
	FEE BENEFITS
	Sec. 54.206 [54.070].  FOREIGN SERVICE OFFICERS. A foreign
	service officer employed by the United States Department of State
	and enrolled in an institution of higher education is entitled to
	pay the tuition and fees at the rates provided for Texas residents
	if the person is assigned to an office of the department of state
	that is located in a foreign nation that borders on this state.
	Sec. 54.211 [54.059].  FACULTY AND DEPENDENTS.  A teacher or
	professor of an institution of higher education, and the spouse and
	children of such a teacher or professor, are entitled to register in
	an institution of higher education by paying the tuition fee and
	other fees or charges required for Texas residents without regard
	to the length of time the teacher or professor has resided in Texas.
	A teacher or professor of an institution of higher education and the
	teacher's or professor's family are entitled to the benefit of this
	section if the teacher or professor is employed at least one-half
	time on a regular monthly salary basis by an institution of higher
	education.
	Sec. 54.212 [54.063].  TEACHING OR RESEARCH ASSISTANT.  A
	teaching assistant or research assistant of any institution of
	higher education and the spouse and children of such a teaching
	assistant or research assistant are entitled to register in a state
	institution of higher education by paying the tuition fees and
	other fees or charges required for Texas residents under Section
	54.051 of this code, without regard to the length of time the
	assistant has resided in Texas, if the assistant is employed at
	least one-half time in a teaching or research assistant position
	which relates to the assistant's degree program under rules and
	regulations established by the employer institution.
	Sec. 54.213 [54.064].  SCHOLARSHIP STUDENT.  (a)  An
	institution of higher education may charge a nonresident student
	who holds a competitive scholarship of at least $1,000 for the
	academic year or summer term for which the student is enrolled
	resident tuition and fees without regard to the length of time the
	student has resided in Texas. The student must compete with other
	students, including Texas residents, for the scholarship and the
	scholarship must be awarded by a scholarship committee officially
	recognized by the administration and be approved by the Texas
	Higher Education Coordinating Board under criteria developed by the
	coordinating board.
	(b)  The total number of students at an institution paying
	resident tuition under this section for a particular semester may
	not exceed five percent of the total number of students registered
	at the institution for the same semester of the preceding academic
	year.
	(c)  A student who would be entitled to pay resident tuition
	in the 2009-2010 academic year under this section as this section
	existed on January 1, 2009, because the student is awarded a
	competitive scholarship for that academic year in the amount
	prescribed by Subsection (a) before the beginning of the 2009 fall
	semester is entitled to continue to pay resident tuition under this
	section as this section existed on January 1, 2009, in each semester
	or other term in which the student is awarded such a scholarship, as
	long as the student remains enrolled in the same certificate or
	degree program.  This subsection expires August 1, 2014.
	(d)  The difference between tuition charged to the student
	under this section and the tuition the student would be charged if
	this section did not apply to the student shall not be accounted for
	in such a way as to reduce the general revenue appropriation to an
	institution of higher education that charges a nonresident student
	resident tuition and fees under this section.
	Sec. 54.214 [54.065].  BIOMEDICAL RESEARCH PROGRAM;
	SCHOLARSHIP STUDENT.  A student is entitled to pay the fees and
	charges required of Texas residents without regard to the length of
	time the student has resided in Texas if the student:
	(1)  holds a competitive academic scholarship or
	stipend;
	(2)  is accepted in a clinical and biomedical research
	training program designed to lead to both doctor of medicine and
	doctor of philosophy degrees; and
	(3)  is either a nonresident or a citizen of a country
	other than the United States of America.
	Sec. 54.216.  STUDENTS ENROLLED IN COURSE FOR CONCURRENT
	HIGH SCHOOL AND COLLEGE-LEVEL CREDIT; OPTIONAL WAIVER.  The
	governing board of an institution of higher education may waive all
	or part of the tuition and fees charged by the institution for a
	student enrolled in a course for which the student is entitled to
	simultaneously receive both:
	(1)  course credit toward the student's high school
	academic requirements; and
	(2)  course credit toward a degree offered by the
	institution.
	Sec. 54.217.  STUDENTS ENROLLED IN FULLY FUNDED COURSES;
	OPTIONAL WAIVER.  The governing board of an institution of higher
	education may waive tuition and fees for students attending courses
	that are fully funded by federal or other sources.
	Sec. 54.218.  DISTANCE LEARNING OR OFF-CAMPUS COURSES;
	OPTIONAL WAIVER.  The governing board of an institution of higher
	education may waive a fee it is authorized to charge if the board
	determines that:
	(1)  a student is enrolled only in distance learning
	courses or other off-campus courses of the institution;
	(2)  the student cannot reasonably be expected to use
	the activities, services, or facilities on which the fee is based;
	and
	(3)  the waiver of the fee will not materially impair
	the ability of the institution either to service any debt on which
	the fee is based or to offer or operate the particular activity,
	service, or facility supported by the fee.
	Sec. 54.221.  THE UNIVERSITY OF TEXAS SYSTEM; SCIENCE AND
	TECHNOLOGY DEVELOPMENT, MANAGEMENT, AND TRANSFER.  To the extent
	provided for in an agreement authorized by Section 65.45, a person
	employed by the entity with whom the system enters into such an
	agreement, or the person's spouse or child, may pay the tuition and
	fees charged to residents of this state when enrolled in an
	institution of The University of Texas System.
	Sec. 54.222 [54.066].  ECONOMIC DEVELOPMENT AND
	DIVERSIFICATION.  (a)  A person who registers at an institution of
	higher education without having established resident status in this
	state under Section 54.052 is entitled to pay tuition and required
	fees at the rate provided for residents of this state if:
	(1)  the person or, as determined by coordinating board
	rule, an adult member of the person's family who resides in the
	person's household and is a primary caretaker of the person
	establishes by the institution's enrollment date a residence in
	this state as a result of the person's or caretaker's employment by
	a business or organization that, not earlier than five years before
	the enrollment date, became established in this state as part of the
	program of state economic development and diversification
	authorized by the law of this state; and
	(2)  the person files with that institution of higher
	education a letter of intent to establish residency in this state.
	(b)  The Texas Higher Education Coordinating Board, in
	consultation with the Texas Economic Development and Tourism
	Office, shall establish procedures to determine:
	(1)  whether a business or organization meets the
	requirements of this section; and
	(2)  the date on which the business or organization
	became established in this state as part of the program of state
	economic development and diversification.
	Sec. 54.223 [54.073].  TUITION RATES FOR OLYMPIC ATHLETES.
	(a)  A person enrolled in The University of Texas at Brownsville
	and Texas Southmost College is entitled to pay tuition and fees at
	the rates provided for Texas residents if the person:
	(1)  is in residence and in training as a participating
	athlete in a Community Olympic Development Program or at a United
	States Olympic training center located in this state;
	(2)  is residing permanently or temporarily in this
	state while in training as a participating athlete:
	(A)  in a Community Olympic Development Program
	located in this state; or
	(B)  at a United States Olympic training center
	located in this state in a program approved by the governing body
	for the athlete's Olympic sport; or
	(3)  is residing permanently or temporarily in this
	state while in training as a participating athlete at a facility in
	this state approved by the governing body for the athlete's Olympic
	sport, in a program approved by that body.
	(b)  Notwithstanding any other law, a person who is entitled
	to pay resident tuition and fees only as permitted by this section
	is not considered a Texas resident under this subchapter for
	purposes of a financial aid program offered by this state.
	Sec. 54.231 [54.060].  RESIDENT OF BORDERING STATE OR NATION
	OR PARTICIPANT IN STUDENT EXCHANGE PROGRAM:  TUITION.  (a)  The
	nonresident tuition fee prescribed by this chapter does not apply
	to a nonresident student who is a resident of Arkansas, Louisiana,
	New Mexico, or Oklahoma and who registers in a public upper-level
	institution of higher education, Lamar State College--Orange,
	Lamar State College--Port Arthur, a Texas public junior college, or
	a public technical institute that is situated in a county
	immediately adjacent to the state in which the nonresident student
	resides. The nonresident tuition fee prescribed by this chapter
	does not apply to a nonresident student who is a resident of New
	Mexico or Oklahoma and who registers in a public technical
	institute that is situated in a county that is within 100 miles of
	the state in which the nonresident student resides and who is
	admitted for the purpose of utilizing available instructional
	facilities. The nonresident student described in this subsection
	shall pay an amount equivalent to the amount charged a Texas student
	registered at a similar school in the state in which the nonresident
	student resides. For purposes of this subsection, "public
	upper-level institution of higher education" means an institution
	of higher education that offers only junior-level and senior-level
	courses or only junior-level, senior-level, and graduate-level
	courses.
	(b)  The foreign student tuition fee prescribed in this
	chapter does not apply to a foreign student who is a resident of a
	nation situated adjacent to Texas, demonstrates financial need as
	provided by Subsection (c), and registers in:
	(1)  any general academic teaching institution or
	component of the Texas State Technical College System located in a
	county immediately adjacent to the nation in which the foreign
	student resides;
	(2)  lower division courses at a community or junior
	college having a partnership agreement pursuant to Subchapter N,
	Chapter 51, with an upper-level university and both institutions
	are located in the county immediately adjacent to the nation in
	which the foreign student resides;
	(3)  Texas A&M University--Kingsville, Texas A&M
	University--Corpus Christi, or The University of Texas at San
	Antonio; or
	(4)  courses that are part of a graduate degree program
	in public health and are conducted in a county immediately adjacent
	to the nation in which the foreign student resides.
	(c)  A foreign student to whom Subsection (b) applies shall
	pay tuition equal to that charged Texas residents under Section
	[Sections] 54.051 [and 54.0512].  The coordinating board shall
	adopt rules governing the determination of financial need of
	students to whom Subsection (b) applies and rules governing a pilot
	project to be established at general academic teaching institutions
	and at components of the Texas State Technical College System in
	counties that are not immediately adjacent to the nation in which
	the foreign student resides.
	(d)  The coordinating board by rule shall establish a program
	with the United Mexican States and with Canada for the exchange of
	students and shall establish programs with other nations for the
	exchange of students to the extent practicable. The foreign
	student tuition fee prescribed in this chapter does not apply to a
	foreign student participating in an exchange program established
	under this section.
	(e)  The coordinating board shall adopt rules to determine
	the number of students who may participate in the programs provided
	by Subsections (b) and (d) and the students who may transfer from
	any general academic teaching institution or component of the Texas
	State Technical College System in a county immediately adjacent to
	the nation in which the foreign student resides to attend another
	general academic teaching institution or component of the Texas
	State Technical College System to complete a degree, certificate,
	or diploma or attend graduate school.
	(f)  The payment of resident tuition at Lamar State
	College--Orange, Lamar State College--Port Arthur, or a public
	technical institute as authorized by Subsection (a) or at an
	institution of higher education as authorized by Subsection (g)
	does not affect the constitutionally dedicated funding to which
	institutions of higher education are entitled under Section 17,
	Article VII, [Section 17, of the] Texas Constitution.
	(g)  The nonresident tuition fee prescribed by this chapter
	does not apply to a nonresident student who is a resident of a
	county or parish of Arkansas, Louisiana, New Mexico, or Oklahoma
	that is adjacent to this state and who registers in an institution
	of higher education, the governing board of which has agreed to
	admit the student at the resident tuition fee prescribed by this
	chapter. The state in which the student resides must allow a
	resident of a county of this state that is adjacent to that state to
	register in a public institution of higher education in that state
	at the tuition fee charged residents of that state. The student
	shall pay tuition equal to that charged residents of this state at
	the institution.
	(h)  In this section:
	(1)  "Coordinating board" means the Texas Higher
	Education Coordinating Board.
	(2)  "General academic teaching institution" and
	"public technical institute" have the meanings assigned by Section
	61.003.
	Sec. 54.232 [54.074].  NATO AGREEMENT.  A nonimmigrant alien
	who resides in this state in accordance with the Agreement between
	the Parties to the North Atlantic Treaty Regarding the Status of
	Their Forces (4 U.S.T. 1792) and the spouse or children of that
	alien are considered to be residents for tuition and fee purposes
	under this title.
	Sec. 54.233.  ACADEMIC COMMON MARKET. The governing board
	of an institution of higher education shall charge nonresident
	students participating in the Academic Common Market and enrolled
	in programs designated under Section 160.07 the same amount charged
	resident students in such programs.
	Sec. 54.241 [54.058].  MILITARY PERSONNEL AND DEPENDENTS.
	(a)  Military personnel are classified as provided by this section.
	(b)  A person who is an officer, enlisted person, selectee,
	or draftee of the Army, Army Reserve, Army National Guard, Air
	National Guard, Air Force, Air Force Reserve, Navy, Navy Reserve,
	Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard
	Reserve of the United States, who is assigned to duty in Texas, and
	the spouse and children of such an officer, enlisted person,
	selectee, or draftee, are entitled to register in a state
	institution of higher education by paying the tuition fee and other
	fees or charges required of Texas residents, without regard to the
	length of time the officer, enlisted person, selectee, or draftee
	has been assigned to duty or resided in the state. However,
	out-of-state Army National Guard or Air National Guard members
	attending training with Texas Army or Air National Guard units
	under National Guard Bureau regulations may not be exempted from
	nonresident tuition by virtue of that training status nor may
	out-of-state Army, Air Force, Navy, Marine Corps, or Coast Guard
	Reserves training with units in Texas under similar regulations be
	exempted from nonresident tuition by virtue of that training
	status. It is the intent of the legislature that only those members
	of the Army or Air National Guard or other reserve forces mentioned
	above be exempted from the nonresident tuition fee and other fees
	and charges only when they become members of Texas units of the
	military organizations mentioned above.
	(c)  The spouse or child of a member of the Armed Forces of
	the United States who has been assigned to duty elsewhere
	immediately following assignment to duty in Texas is entitled to
	pay the tuition fees and other fees or charges provided for Texas
	residents as long as the spouse or child resides continuously in
	Texas.
	(d)  A spouse or dependent child of a member of the Armed
	Forces of the United States, who is not assigned to duty in Texas
	but who has previously resided in Texas for a six-month period, is
	entitled to pay the tuition fees and other fees or charges provided
	for Texas residents for a term or semester at an institution of
	higher education if the member:
	(1)  at least one year preceding the first day of the
	term or semester executed a document with the applicable military
	service that is in effect on the first day of the term or semester
	and that:
	(A)  indicates that the member's permanent
	residence address is in Texas; and
	(B)  designates Texas as the member's place of
	legal residence for income tax purposes;
	(2)  has been registered to vote in Texas for the entire
	year preceding the first day of the term or semester; and
	(3)  satisfies at least one of the following
	requirements:
	(A)  for the entire year preceding the first day
	of the term or semester has owned real property in Texas and in that
	time has not been delinquent in the payment of any taxes on the
	property;
	(B)  has had an automobile registered in Texas for
	the entire year preceding the first day of the term or semester; or
	(C)  at least one year preceding the first day of
	the term or semester executed a will that has not been revoked or
	superseded indicating that the member is a resident of this state
	and deposited the will with the county clerk of the county of the
	member's residence under Section 71, Texas Probate Code.
	(e)  A Texas institution of higher education may charge to
	the United States government the nonresident tuition fee for a
	veteran enrolled under the provisions of a federal law or
	regulation authorizing educational or training benefits for
	veterans.
	(f)  The spouse or child of a member of the Armed Forces of
	the United States who dies or is killed is entitled to pay the
	resident tuition fee if the spouse or child becomes a resident of
	Texas within 60 days of the date of death.
	(g)  If a member of the Armed Forces of the United States is
	stationed outside Texas and the member's spouse or child
	establishes residence in Texas by residing in Texas and by filing
	with the Texas institution of higher education at which the spouse
	or child plans to register a letter of intent to establish residence
	in Texas, the institution of higher education shall permit the
	spouse or child to pay the tuition, fees, and other charges provided
	for Texas residents without regard to length of time that the spouse
	or child has resided in Texas.
	(h)  The governing board of Midwestern State University may
	set the resident and nonresident tuition rates for United States
	military personnel enrolled in the bachelor of science or master of
	science degree program in radiological sciences at Midwestern State
	University at the rates the governing board considers appropriate,
	notwithstanding any other provision of this subchapter, and may
	exempt those military personnel from all or part of required fees
	and charges while enrolled in one of those programs. The total
	amount of tuition and required fees charged to a resident member of
	the armed forces under this subsection may not be less than the
	total amount of tuition and required fees charged to other resident
	students in the same program. United States military personnel
	enrolled in one of those programs by instructional
	telecommunication are entitled to pay tuition fees and other fees
	or charges provided by the board for United States military
	personnel residing in Texas if they began the program while
	stationed at a military base or other installation in Texas as a
	member of the United States Armed Forces. In this subsection,
	"instructional telecommunication" means instruction delivered
	primarily by telecommunication technology, including open-channel
	television, cable television, closed-circuit television, low power
	television, communication and/or direct broadcast satellite,
	satellite master antenna system, microwave, videotape, videodisc,
	computer software, computer networks, and telephone lines.
	(i)  A former member of the Armed Forces of the United States
	or the former member's spouse or dependent child is entitled to pay
	the tuition fees and other fees or charges provided for Texas
	residents for any term or semester at a state institution of higher
	education that begins before the first anniversary of the member's
	separation from the Armed Forces if the former member:
	(1)  has retired or been honorably discharged from the
	Armed Forces; and
	(2)  has complied with the requirements of Subsection
	(d).
	(j)  A member of the Armed Forces of the United States or the
	child or spouse of a member of the Armed Forces of the United States
	who is entitled to pay tuition and fees at the rate provided for
	Texas residents under another provision of this section while
	enrolled in a degree or certificate program is entitled to pay
	tuition and fees at the rate provided for Texas residents in any
	subsequent term or semester while the person is continuously
	enrolled in the same degree or certificate program. For purposes of
	this subsection, a person is not required to enroll in a summer term
	to remain continuously enrolled in a degree or certificate program.
	The person's eligibility to pay tuition and fees at the rate
	provided for Texas residents under this subsection does not
	terminate because the person is no longer a member of the Armed
	Forces of the United States or the child or spouse of a member of the
	Armed Forces of the United States.
	(k)  A person is entitled to pay tuition and fees at an
	institution of higher education at the rates provided for Texas
	residents without regard to the length of time the person has
	resided in this state if the person files with the institution at
	which the person intends to register a letter of intent to establish
	residence in this state and resides in this state while enrolled in
	the institution and the person:
	(1)  is eligible for benefits 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;
	(2)  is the spouse of a person described by Subdivision
	(1); or
	(3)  is a child of a person described by Subdivision (1)
	who is 25 years of age or younger on the first day of the semester or
	other academic term for which the person is registering, except
	that the Texas Higher Education Coordinating Board by rule shall
	prescribe procedures by which a person who suffered from a severe
	illness or other debilitating condition that affected the person's
	ability to use the benefit provided by this subsection before
	reaching that age may be granted additional time to use the benefit
	corresponding to the time the person was unable to use the benefit
	because of the illness or condition.
	(l)  In this section, "child" includes a stepchild.
	Sec. 54.251 [54.069].  REGISTERED NURSES IN POSTGRADUATE
	NURSING DEGREE PROGRAMS; OPTIONAL WAIVER.  An institution of higher
	education may permit a registered nurse authorized to practice
	professional nursing in Texas to register by paying the tuition
	fees and other fees or charges required for Texas residents under
	Section 54.051, without regard to the length of time the registered
	nurse has resided in Texas, if the registered nurse:
	(1)  is enrolled in a program designed to lead to a
	master's degree or other higher degree in nursing; and
	(2)  intends to teach in a program in Texas designed to
	prepare students for licensure as registered nurses.
	Sec. 54.261.  DESIGNATED TUITION; HARDSHIP; OPTIONAL
	WAIVER.  A governing board may waive all or part of the tuition
	charged to a student under Section 54.0513 if it finds that the
	payment of such tuition would cause an undue economic hardship on
	the student.
	Sec. 54.262.  STUDENT SERVICES FEES; OPTIONAL WAIVER.  The
	governing board of an institution of higher education may waive all
	or part of any compulsory fee or fees authorized by Section 54.503
	in the case of any student for whom the payment of the fee would
	cause an undue financial hardship, provided the number of the
	students to whom the waiver is granted for a semester or term does
	not exceed 10 percent of the institution's total enrollment for
	that semester or term. The board may limit accordingly the
	participation of a student in the activities financed by the fee so
	waived.
	Sec. 54.263 [54.013].  STUDENTS 55 YEARS OF AGE OR OLDER;
	OPTIONAL WAIVER. (a)  An institution of higher education may
	charge a student 55 years of age or older tuition and fees at rates
	that are lower than the rates otherwise provided by this chapter,
	under the condition that a student under 55 years of age will not be
	precluded from enrolling in a course for credit toward a degree or
	certificate.  The institution may set additional qualifications
	that a student must meet to qualify for tuition and fees at rates
	set under this section and may set different rates for different
	programs, campuses, or courses.  The institution may set rates
	under this section for resident students, nonresident students, or
	both, and may set different rates for resident students and
	nonresident students.
	(b)  A tuition or fee rate set under this section must apply
	uniformly to each student that meets the applicable qualifications
	set by the institution to pay tuition or fees at that rate.
	(c)  The legislature in an appropriations act shall account
	for the rates authorized by Subsection (a) in a way that does not
	increase the general revenue appropriations to that institution.
	Sec. 54.301 [54.201].  HIGHEST RANKING HIGH SCHOOL
	GRADUATES; OPTIONAL EXEMPTION.  The governing board of each
	institution of higher education may issue scholarships each year to
	the highest ranking graduate of each accredited high school of this
	state, exempting the graduates from the payment of tuition during
	both semesters of the first regular session immediately following
	their graduation. This exemption may be granted for any one of the
	first four regular sessions following the individual's graduation
	from high school when in the opinion of the institution's president
	the circumstances of an individual case, including military
	service, merit the action.
	Sec. 54.331 [54.207].  STUDENTS FROM OTHER NATIONS OF THE
	AMERICAN HEMISPHERE.  (a)  The governing boards of the institutions
	of higher education may annually exempt from the payment of tuition
	fees the following students:
	(1)  200 native-born students from the other nations of
	the American hemisphere; and
	(2)  35 native-born students from a Latin American
	country designated by the United States Department of State.
	(b)  Ten students from each nation, as authorized in
	Subsection (a)(1) [of this section], shall be exempt as provided in
	this subsection. In the event any nation fails to have 10 students
	available and qualified for exemption, additional students from the
	other nations may be exempted, subject to the approval of the Texas
	Higher Education Coordinating Board[, Texas College and University
	System,] and allocation by the coordinating board [it]. However,
	not more than 235 students from all the nations shall be exempt each
	year. In the event the nation designated in Subsection (a)(2) of
	this section fails to have 35 students available and qualified for
	exemption within a reasonable time, additional students from other
	nations may be exempt, subject to the approval of the coordinating
	board.
	(c)  Every applicant desiring the exemption shall furnish
	satisfactory evidence, certified by the proper authority of the
	applicant's [his] native country, that the applicant [he] is a bona
	fide native-born citizen and resident of the country that [which]
	certifies the [his] application and that the applicant [he] is
	scholastically qualified for admission.
	(d)  The coordinating board, after consultation with
	representatives of the governing boards of the institutions of
	higher education, shall formulate and prescribe a plan governing
	the admission and distribution of all applicants desiring to
	qualify under the provisions of this section.
	(e)  No student shall be exempted under this section who is
	not a native-born citizen of the country certifying the student's
	[his] qualifications and who has not lived in one of the nations of
	this hemisphere for a period of at least five years. No member of
	the Communist Party and no student from Cuba shall be eligible for
	benefits under this section.
	Sec. 54.341 [54.203].  VETERANS AND OTHER MILITARY
	PERSONNEL;[,] DEPENDENTS[, ETC]. (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 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 on active military
	duty, excluding training, for more than 180 days and who served a
	portion of their active duty during:
	(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-1)  A person who before the 2009-2010 academic year
	received an exemption provided by Subsection (a) continues to be
	eligible for the exemption provided by that subsection as that
	subsection existed on January 1, 2009, subject to the other
	provisions of this section other than the requirement of Subsection
	(a) that the person must have entered the service at a location in
	this state, declared this state as the person's home of record, 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.
	(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 disabled for purposes of
	employability 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 disabled for purposes of
	employability 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.
	(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 disabled for purposes of
	employability according to the 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 disabled for purposes of
	employability 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.
	(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.
	(b-2)  The governing board of an institution of higher
	education shall exempt from the payment of resident tuition at the
	institution a dependent child, including a stepchild, of a member
	of the Armed Forces of the United States who is a resident of this
	state or is entitled to pay resident tuition under this subchapter,
	for any semester or other academic term during which the member of
	the armed forces is deployed on active duty for the purpose of
	engaging in a combative military operation outside the United
	States.  In its appropriations to institutions of higher education,
	the legislature shall provide sufficient funds to cover the full
	costs of the exemptions provided by this subsection.
	(c)  A person may not receive exemptions provided for by this
	section for more than a cumulative total of 150 credit hours.
	(d)  The governing board of each institution of higher
	education granting an exemption under this section shall require
	every applicant claiming the exemption to submit satisfactory
	evidence that the applicant qualifies for the exemption.
	(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 educational benefits
	under federal legislation that may be used only for the payment of
	tuition and fees if the value of those benefits received in a
	semester or other term is equal to or exceeds the value of the
	exemption for the same semester or other term.  If the value of
	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 those federal benefits
	and the exemption in the same semester or other term.  The combined
	amount of the 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.
	(e-1)  A person may not receive an exemption under this
	section if the person is in default on a loan made or guaranteed for
	educational purposes by the State of Texas.
	(f)  The governing board of each institution of higher
	education may enter into contracts with the United States
	government, or any of its agencies, to furnish instruction to
	ex-servicemen and ex-service women at a tuition rate which covers
	the estimated cost of the instruction or, in the alternative, at a
	tuition rate of $100 a semester, as may be determined by the
	governing board. If the rates specified are prohibited by federal
	law for any particular class of ex-servicemen or ex-service women,
	the tuition rate shall be set by the governing board, but shall not
	be less than the established rate for civilian students. If federal
	law provides as to any class of veterans that the tuition payments
	are to be deducted from subsequent benefits to which the veteran may
	be entitled, the institution shall refund to any veteran who is a
	resident of Texas within the meaning of this section the amount by
	which any adjusted compensation payment is actually reduced because
	of tuition payments made to the institution by the federal
	government for the veteran.
	(g)  The governing board of a public junior college
	[district], public technical institute, or public state college, as
	those terms are defined by Section 61.003, may establish a fee for
	extraordinary costs associated with a specific course or program
	and may provide that the exemptions provided by this section do not
	apply to this fee.
	(h)  The governing board of each institution of higher
	education shall electronically report to the Texas Higher Education
	Coordinating Board the information required by Section 61.0516
	relating to each individual receiving an exemption from fees and
	charges under Subsection (a), (a-2), or (b).  The institution shall
	report the information not later than December 31 of each year for
	the fall semester, May 31 of each year for the spring semester, and
	September 30 of each year for the summer session.
	(i)  The Texas Higher Education Coordinating Board may adopt
	rules to provide for the efficient and uniform application of this
	section.
	(j)  In determining whether to admit a person to any
	certificate program or any baccalaureate, graduate, postgraduate,
	or professional degree program, an institution of higher education
	may not consider the fact that the person is eligible for an
	exemption under this section.
	(k)  The Texas Higher Education Coordinating Board by rule
	shall prescribe procedures to allow a person who becomes eligible
	for an exemption provided by Subsection (a) to waive the person's
	right to any unused portion of the maximum number of cumulative
	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.  The procedures shall provide:
	(1)  the manner in which a person may waive the
	exemption and designate a child to receive the exemption;
	(2)  a procedure permitting the person to designate 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; and
	(3)  a method of documentation to enable institutions
	of higher education to determine the eligibility of the designated
	child to receive the exemption.
	(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)  make satisfactory academic progress in a degree,
	certificate, or continuing education program as determined by the
	institution at which the child is enrolled in accordance with the
	policy of the institution's financial aid department, except that
	the institution may not require the child to enroll in a minimum
	course load; and
	(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, except that the Texas Higher Education Coordinating Board
	by rule shall prescribe procedures by which a child who suffered
	from a severe illness or other debilitating condition that affected
	the child's ability to use the exemption before reaching that age
	may be granted additional time to use the exemption corresponding
	to the time the child was unable to use the exemption because of the
	illness or condition.
	(m)  For purposes of this section, a person is the child of
	another person if:
	(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.
	Sec. 54.342 [54.219].  PRISONERS OF WAR.  (a)  In this
	section, "tuition and required fees" includes tuition, service
	fees, lab fees, building use fees, and all other required fees
	except room, board, or clothing fees or deposits in the nature of
	security for the return or proper care of property.
	(b)  For each semester or summer session and for a total
	number of semester credit hours not to exceed 120, the governing
	body of each institution of higher education shall exempt from the
	payment of tuition and required fees any person who:
	(1)  is a resident of Texas and was a resident of Texas
	at the time of the person's original entry into the United States
	armed forces;
	(2)  was first classified as a prisoner of war by the
	United States Department of Defense on or after January 1, 1999; and
	(3)  is enrolled for at least 12 semester credit hours.
	(c)  For each semester or session in which a person receives
	an exemption from tuition and required fees under Subsection (b),
	the governing body of the institution the person attends shall
	exempt the person from the payment of fees and charges for lodging
	and board if the person resides on the campus of the institution.
	If the person does not reside on the campus of the institution, the
	institution shall provide to the person a reasonable stipend to
	cover the costs of the person's lodging and board.
	(d)  For each semester or session in which a person receives
	an exemption from tuition and required fees under Subsection (b),
	the governing body of the institution the person attends shall
	award to the person a scholarship to cover the costs of books and
	similar educational materials required for course work at the
	institution.
	(e)  An institution may use any available revenue, including
	legislative appropriations, and shall solicit and accept gifts,
	grants, and donations for the purposes of this section. The
	institution shall use gifts, grants, and donations received for the
	purposes of this section before using any other revenue.
	Sec. 54.343 [54.209].  CHILDREN OF PRISONERS OF WAR OR
	PERSONS MISSING IN ACTION.  (a)  In this section:
	(1)  "Dependent child" means a person under 21 years of
	age, or a person under 25 years of age who receives the majority of
	his support from his parent or parents.
	(2)  "Tuition and fees" includes tuition, service fees,
	lab fees, building use fees, and all other fees except room, board,
	or clothing fees, or deposits in the nature of security for the
	return or proper care of property.
	(b)  The governing body of each institution of higher
	education, on presentation of satisfactory evidence, shall exempt
	from the payment of tuition and fees the dependent child of any
	person who is a domiciliary of Texas on active duty as a member of
	the armed forces of the United States, and who at the time of the
	registration is classified by the Department of Defense as a
	prisoner of war or as missing in action.
	Sec. 54.344 [54.215].  PARTICIPANTS IN MILITARY FUNERALS.
	The governing board of each institution of higher education shall
	provide a $25 exemption from tuition and required fees under this
	chapter to a student in exchange for a voucher issued to the student
	under Section 434.0072, Government Code, that is presented by the
	student to the institution.
	Sec. 54.345 [54.2155].  ASSISTANCE FOR TUITION AND FEES FOR
	MEMBERS OF STATE MILITARY FORCES.  (a)  For each semester, the
	adjutant general of the state military forces shall certify to
	institutions of higher education as described by Section 431.090,
	Government Code, information identifying the persons to whom the
	adjutant general has awarded assistance for tuition and mandatory
	fees under that section.
	(b)  An institution of higher education shall exempt a person
	certified by the adjutant general as described by Subsection (a)
	from the payment of tuition for the semester credit hours for which
	the person enrolls, not to exceed 12 semester credit hours. If the
	person is not charged tuition at the rate provided for other Texas
	residents, the amount of the exemption may not exceed the amount of
	tuition the person would be charged as a Texas resident for the
	number of semester credit hours for which the person enrolls, not to
	exceed 12 semester credit hours.
	(c)  An institution of higher education shall exempt a person
	who receives an exemption from tuition under Subsection (b) from
	the payment of all mandatory fees for any semester in which the
	person receives the tuition exemption.
	Sec. 54.351 [54.204].  CHILDREN OF DISABLED FIREFIGHTERS
	AND LAW ENFORCEMENT OFFICERS.  (a)  In this section:
	(1)  "Eligible firefighter or law enforcement officer"
	means:
	(A)  a full-paid or volunteer firefighter;
	(B)  a full-paid or volunteer municipal, county,
	or state peace officer, including a game warden; or
	(C)  a custodial officer of the Texas Department
	of Criminal Justice.
	(2)  "Disability" means inability to engage in any
	substantial gainful activity by reason of a medically determinable
	physical or mental impairment that can be expected to result in
	death or to be of long-continued and indefinite duration. A person
	is not considered to be under a disability unless the person
	provides any proof of the existence of the disability as may be
	required.
	(b)  The governing board of each institution of higher
	education shall exempt from the payment of all dues, fees, and
	charges any person whose parent is an eligible firefighter or law
	enforcement officer who has suffered an injury, resulting in death
	or disability, sustained in the line of duty according to the
	regulations and criteria then in effect governing the department or
	agency in which the eligible firefighter or law enforcement officer
	volunteered or was employed. The exemption does not apply to
	general deposits or to fees or charges for lodging, board, or
	clothing.
	(c)  A person is not entitled to the exemption if the person:
	(1)  does not apply initially for the exemption before
	the date the person:
	(A)  becomes 21 years of age, if the person is not
	covered by Paragraph (B); or
	(B)  becomes 22 years of age, if the person is
	eligible to participate in a school district's special education
	program under Section 29.003;
	(2)  does not meet all entrance requirements of the
	institution; or
	(3)  does not maintain a scholastic average sufficient
	to remain in good standing.
	(d)  Subject to Subsection (e), a person may receive an
	exemption only for the first 120 undergraduate semester credit
	hours for which the person registers.
	(e)  A person is not entitled to an exemption for any term or
	semester the person begins after the date the person becomes 26
	years of age.
	(f)  A person entitled to an exemption under the provisions
	of this section shall, when transferring from a public junior
	college to a public senior college or university, meet the standard
	entrance requirements required by the senior college or university
	of an applicant for admission not covered by the provisions of this
	section.
	(g)  An eligible firefighter or law enforcement officer
	whose injury results in a disability shall submit to a physical
	examination by a physician designated by the United States Social
	Security Administration to conduct physical examinations and to
	make disability reports to the Social Security Administration. If
	the physician decides the injury received has resulted in a
	disability, the physician shall certify that fact to the head of the
	department in which the eligible firefighter or law enforcement
	officer volunteers or is employed.
	(h)  The head of the department in which the eligible
	firefighter or law enforcement officer volunteered or was employed
	at the time the firefighter or law enforcement officer sustained
	the injury shall file a certificate with the Texas Higher Education
	Coordinating Board on a form prepared by the board for the purpose.
	The head of the department shall attach the certificate of the
	examining physician if an examination is required by Subsection (g)
	[of this section].  A copy of the certificate on file with the
	coordinating board is sufficient evidence for the institution to
	grant the exemption.
	Sec. 54.352 [54.2041].  DISABLED PEACE OFFICERS; OPTIONAL
	EXEMPTION.  (a)  The governing board of an institution of higher
	education may exempt a student from the payment of tuition and
	required fees authorized by this chapter for a course for which
	space is available if the student:
	(1)  is a resident of this state and has resided in this
	state for the 12 months immediately preceding the beginning of the
	semester or session for which an exemption is sought;
	(2)  is permanently disabled as a result of an injury
	suffered during the performance of a duty as a peace officer of this
	state or a political subdivision of this state; and
	(3)  is unable to continue employment as a peace
	officer because of the disability.
	(b)  A person may not receive an exemption under this section
	for more than 12 semesters or sessions while the person is enrolled
	in an undergraduate program or while the person is attending only
	undergraduate courses.
	(c)  A person may not receive an exemption under this section
	if the person is enrolled in a master's degree program or is
	attending postgraduate courses to meet the requirements of a
	master's degree program and the person has previously received a
	master's degree and received an exemption under this section for a
	semester or session while attending a postgraduate course to meet
	the requirements of the master's degree program.
	(d)  A person may not receive an exemption under this section
	if the person is enrolled in a doctoral degree program or is
	attending postgraduate courses to meet the requirements of a
	doctoral degree program and the person has previously received a
	doctoral degree and received an exemption under this section for a
	semester or session while attending a postgraduate course to meet
	the requirements of the doctoral degree program.
	(e)  A person must apply for an exemption in the manner
	provided by the governing board of the institution. The governing
	board shall require an applicant for an exemption to submit
	satisfactory evidence that the applicant is eligible for the
	exemption.
	(f)  The legislature, in an appropriations act, shall
	account for the rates of tuition and fees authorized by Subsection
	(a) in a way that does not increase the general revenue
	appropriations to that institution.
	(g)  In this section, "injury suffered during the
	performance of a duty as a peace officer" means an injury occurring
	as a result of the peace officer's performance of any of the
	following law enforcement duties:
	(1)  traffic enforcement or traffic control duties,
	including enforcement of traffic laws, investigation of vehicle
	accidents, or directing traffic;
	(2)  pursuit, arrest, or search of a person reasonably
	believed to have violated a law;
	(3)  investigation, including undercover
	investigation, of a criminal act;
	(4)  patrol duties, including automobile, bicycle,
	foot, air, or horse patrol;
	(5)  duties related to the transfer of prisoners; or
	(6)  training duties, including participation in any
	training required by the officer's employer or supervisor or by the
	Commission on Law Enforcement Officer Standards and Education.
	(h)  For the purpose of this section, a peace officer is
	considered permanently disabled only if the chief administrative
	officer of the law enforcement agency or other entity that employed
	the officer at the time of the injury determines the officer is
	permanently disabled and satisfies any requirement of an
	institution under Subsection (e).
	Sec. 54.354 [615.0225].  EDUCATION BENEFITS FOR CERTAIN
	SURVIVORS. (a)  A person is eligible to receive education benefits
	under this section if the person is:
	(1)  a surviving spouse; or
	(2)  a surviving minor child as defined by Section
	615.001, Government Code.
	(b)  An eligible person who enrolls as a full-time student at
	an institution of higher education as defined by Section 61.003[,
	Education Code,] is exempt from tuition and fees at that
	institution of higher education until the student receives a
	bachelor's degree or 200 hours of course credit, whichever occurs
	first.
	(c)  If the student elects to reside in housing provided by
	the institution of higher education and qualifies to reside in that
	housing, the institution shall pay from the general revenue
	appropriated to the institution the cost of the student's contract
	for food and housing until the student receives a bachelor's degree
	or 200 hours of course credit, whichever occurs first. If there is
	no space available in the institution's housing, the institution
	shall, from the general revenue appropriated to the institution,
	pay to the student each month the equivalent amount that the
	institution would have expended had the student lived in the
	institution's housing. The institution is not required to pay the
	student the monthly payment if the student would not qualify to live
	in the institution's housing.
	(d)  The institution of higher education shall, from the
	general revenue appropriated to the institution, pay to the student
	the cost of the student's textbooks until the student receives a
	bachelor's degree or 200 hours of course credit, whichever occurs
	first.
	(e)  A payment under this section is in addition to any
	payment made under Section 615.022, Government Code.
	Sec. 54.355 [54.221].  CHILDREN OF PROFESSIONAL NURSING
	PROGRAM FACULTY.  (a)  In this section:
	(1)  "Child" means a child 25 years of age or younger
	and includes an adopted child.
	(2)  "Graduate professional nursing program" means an
	educational program of a public or private institution of higher
	education that prepares students for a master's or doctoral degree
	in nursing.
	(3)  "Undergraduate professional nursing program"
	means a public or private educational program for preparing
	students for initial licensure as registered nurses.
	(b)  The governing board of an institution of higher
	education shall exempt from the payment of tuition a resident of
	this state enrolled as an undergraduate student at the institution
	who is a child of a person who, at the beginning of the semester or
	other academic term for which an exemption is sought, holds a
	master's or doctoral degree in nursing, if not employed or under
	contract as a teaching assistant under Subdivision (1) or (2), or a
	baccalaureate degree in nursing, if employed or under contract as a
	teaching assistant under Subdivision (1) or (2), and:
	(1)  is employed by an undergraduate or graduate
	professional nursing program in this state as a full-time member of
	its faculty or staff with duties that include teaching, serving as a
	teaching assistant, performing research, serving as an
	administrator, or performing other professional services; or
	(2)  has contracted with an undergraduate or graduate
	professional nursing program in this state to serve as a full-time
	member of its faculty or staff to perform duties described by
	Subdivision (1) during all or part of the semester or other academic
	term for which an exemption is sought or, if the child is enrolled
	for a summer session, during all or part of that session or for the
	next academic year.
	(c)  A child who would qualify for an exemption under this
	section but for the fact that the child's parent is not employed
	full-time is eligible for an exemption on a pro rata basis equal to
	the percentage of full-time employment the parent is employed,
	except that a parent employed for less than 25 percent of full-time
	employment is considered to be employed for 25 percent of full-time
	employment.
	(d)  A person is not eligible for an exemption under this
	section if the person:
	(1)  has previously received an exemption under this
	section for 10 semesters or summer sessions at any institution or
	institutions of higher education; or
	(2)  has received a baccalaureate degree.
	(e)  For purposes of Subsection (d), a summer session that is
	less than nine weeks in duration is considered one-half of a summer
	session.
	(f)  The tuition exemption provided by this section applies
	only to enrollment of a child at the institution at which the
	child's parent is employed or is under contract.
	(g)  The Texas Higher Education Coordinating Board shall
	adopt:
	(1)  rules governing the granting or denial of an
	exemption under this section, including rules relating to the
	determination of eligibility for an exemption; and
	(2)  a uniform application form for an exemption under
	this section.
	Sec. 54.356 [54.222].  PRECEPTORS FOR PROFESSIONAL NURSING
	EDUCATION PROGRAMS.  (a)  In this section, "child" and
	"undergraduate professional nursing program" have the meanings
	assigned by Section 54.355 [54.221].
	(b)  The governing board of an institution of higher
	education shall exempt from the payment of $500 of the total amount
	of tuition a resident of this state enrolled as a student at the
	institution who:
	(1)  is a registered nurse; and
	(2)  serves under a written preceptor agreement with an
	undergraduate professional nursing program as a clinical preceptor
	for students enrolled in the program.
	(b-1)  A person is entitled to an exemption under Subsection
	(b) for one semester or other academic term for each semester or
	other academic term during which the person serves as a clinical
	preceptor as described by Subsection (b).  The person may claim the
	exemption in:
	(1)  the semester or other academic term in which the
	person serves as a clinical preceptor; or
	(2)  a different semester or other academic term that
	begins before the first anniversary of the last day of a semester or
	other academic term described by Subdivision (1), if the person
	does not claim the exemption in the semester or other term during
	which the person serves as a clinical preceptor.
	(c)  The governing board of an institution of higher
	education shall exempt from the payment of $500 of the total amount
	of tuition a resident of this state enrolled as an undergraduate
	student at the institution who is a child of a person who meets the
	requirements of Subsection (b).  The child is entitled to an
	exemption for one semester or other academic term for each semester
	or other academic term during which the parent serves as a clinical
	preceptor.  The child may claim the exemption in any semester or
	other academic term during which the parent could have claimed an
	exemption under Subsection (b).  The child's eligibility for an
	exemption is not affected by whether the parent also received an
	exemption under Subsection (b) for the same qualifying service as a
	clinical preceptor.
	(d)  Notwithstanding Subsections (b) and (c), if a person
	eligible for an exemption under this section owes less than $500 in
	tuition, the governing board of the institution of higher education
	in which the person is enrolled shall exempt the person from the
	payment of only the amount of tuition the person owes.
	(e)  A person is not eligible for an exemption under
	Subsection (c) if the person:
	(1)  has previously received an exemption under this
	section for 10 semesters or summer sessions at any institution or
	institutions of higher education; or
	(2)  has received a baccalaureate degree.
	(f)  For purposes of Subsection (e), a summer session that is
	less than nine weeks in duration is considered one-half of a summer
	session.
	(g)  The Texas Higher Education Coordinating Board shall
	adopt:
	(1)  rules governing the granting or denial of an
	exemption under this section, including rules relating to the
	determination of eligibility for an exemption; and
	(2)  a uniform application form for an exemption under
	this section.
	Sec. 54.361 [54.212].  ONE-YEAR EXEMPTION FOR CERTAIN TANF
	STUDENTS.  A student is exempt from the payment of tuition and fees
	authorized by this chapter for the first academic year in which the
	student enrolls at an institution of higher education if the
	student:
	(1)  graduated from a public high school in this state;
	(2)  successfully completed the attendance
	requirements under Section 25.085 [21.032];
	(3)  during the student's last year of public high
	school in this state, was a dependent child receiving financial
	assistance under Chapter 31, Human Resources Code, for not less
	than six months;
	(4)  is younger than 22 years of age on the date of
	enrollment;
	(5)  enrolls at the institution as an undergraduate
	student not later than the second anniversary of the date of
	graduation from a public high school in this state;
	(6)  has met the entrance examination requirements of
	the institution before the date of enrollment; and
	(7)  is classified as a resident under Subchapter B.
	Sec. 54.362 [54.213].  FUNDING OF EXEMPTIONS.  (a)  An
	institution of higher education may fund tuition exemptions under
	Section 54.361 [54.212] or 54.363 [54.214] from local funds or from
	funds appropriated to the institution. An institution of higher
	education is not required to provide tuition exemptions beyond
	those funded through appropriations specifically designated for
	this purpose.
	(b)  Savings to the foundation school fund that occur as a
	result of the Early High School Graduation Scholarship program
	created in Subchapter K, Chapter 56, and that are not required for
	the funding of state credits for tuition and mandatory fees under
	Section 56.204 or school district credits under Section 56.2075
	shall be used first to provide tuition exemptions under Section
	54.361 [54.212]. Any of those savings remaining after providing
	tuition exemptions under Section 54.361 [54.212] shall be used to
	provide tuition exemptions under Section 54.363 [54.214]. The
	Texas Education Agency shall also accept and make available to
	provide tuition exemptions under Section 54.363 [54.214] gifts,
	grants, and donations made to the agency for that purpose. Payment
	of funds under this subsection shall be made in the manner provided
	by Section 56.207 for state credits under Subchapter K, Chapter 56.
	Sec. 54.363 [54.214].  EDUCATIONAL AIDES.  (a)  In this
	section, "coordinating board" means the Texas Higher Education
	Coordinating Board.
	(b)  The governing board of an institution of higher
	education shall exempt an eligible educational aide from the
	payment of tuition and fees, other than class or laboratory fees.
	(c)  To be eligible for an exemption under this section, a
	person must:
	(1)  be a resident of this state;
	(2)  be a school employee serving in any capacity;
	(3)  for the initial term or semester for which the
	person receives an exemption under this section, have worked as an
	educational aide for at least one school year during the five years
	preceding that term or semester;
	(4)  establish financial need as determined by
	coordinating board rule;
	(5)  be enrolled in courses required for teacher
	certification at the institution of higher education granting the
	exemption;
	(6)  maintain an acceptable grade point average as
	determined by coordinating board rule; and
	(7)  comply with any other requirements adopted by the
	coordinating board under this section.
	(d)  The institution of higher education at which a person
	seeking an exemption under this section is enrolled must certify
	the person's eligibility to receive the exemption.  As soon as
	practicable after receiving an application for certification, the
	institution shall make the determination of eligibility and give
	notice of its determination to the applicant and to the school
	district employing the applicant as an educational aide.
	(e)  The coordinating board shall adopt rules consistent
	with this section as necessary to implement this section. The
	coordinating board shall distribute a copy of the rules adopted
	under this section to each school district and institution of
	higher education in this state.
	(f)  The board of trustees of a school district shall
	establish a plan to encourage the hiring of educational aides who
	show a willingness to become certified teachers.
	(g)  The governing board of an institution of higher
	education that offers courses required for teacher certification
	shall establish a plan to make those courses more accessible to
	those who seek teacher certification. The board shall consider as
	part of its plan to make those courses more accessible for teacher
	certification, evening classes, Internet classes, or other means
	approved by the Texas Higher Education Coordinating Board.
	Sec. 54.364 [54.205].  BLIND, DEAF STUDENTS.  (a)  In this
	section:
	(1)  "Resident" has the same meaning as is assigned it
	in Subchapter B of this chapter.
	(2)  "Blind person" means a person who is a "blind
	disabled individual" as defined in Section 91.051(5), Human
	Resources Code.
	(3)  "Deaf person" means a person whose sense of
	hearing is nonfunctional, after all necessary medical treatment,
	surgery, and use of hearing aids, for understanding normal
	conversation.
	(4)  "Tuition fees" includes all dues, fees, and
	enrollment charges whatsoever for which exemptions may be lawfully
	made, including fees for correspondence courses, general deposit
	fees, and student services fees, but does not include fees or
	charges for lodging, board, or clothing.
	(5)  "Institution of higher education" has the meaning
	assigned by Section 61.003, except that the term includes the
	Southwest Collegiate Institute for the Deaf.
	(b)  A deaf or blind person who is a resident is entitled to
	exemption from the payment of tuition fees at any institution of
	higher education utilizing public funds if the person [he]
	presents:
	(1)  certification that the person [he] is a "blind
	person" or a "deaf person" as defined in Subsection (a) [of this
	section] by the Department of Assistive and Rehabilitative Services
	[Texas Rehabilitation Commission, Texas Commission for the Blind,
	or Texas Commission for the Deaf and Hard of Hearing, as
	appropriate,] in a written statement, which certification is
	considered conclusive;
	(2)  a written statement of purpose from the person
	that indicates the certificate or degree program to be pursued or
	the professional enhancement from the course of study for that
	certificate or degree program;
	(3)  a high school diploma or its equivalent;
	(4)  a letter of recommendation from the principal of
	the high school attended by the deaf or blind individual, a public
	official, or some other responsible person who knows the deaf or
	blind individual and is willing to serve as a reference; and
	(5)  proof that the person [he] meets all other
	entrance requirements of the institution.
	(c)  The governing board of an institution may establish
	special entrance requirements to fit the circumstances of deaf and
	blind persons. The Department of Assistive and Rehabilitative
	Services [Texas Rehabilitation Commission, the Texas Commission
	for the Blind, the Texas Commission for the Deaf and Hard of
	Hearing,] and the Texas Higher Education Coordinating Board may
	develop any rules and procedures that these agencies determine
	necessary for the efficient implementation of this section.
	(d)  For the purposes of this section, a person is required
	to present certification that the person is a "blind person" or a
	"deaf person" as required under Subsection (b)(1) [of this section]
	at the time the person initially enrolls at an institution of higher
	education in the course of study designated by the person under
	Subsection (b)(2) [of this section]. The certification is valid
	for each semester that the person enrolls at that institution in the
	designated course of study.
	(e)  A person who qualifies for an exemption under this
	section is entitled to the exemption for each course in which the
	person enrolls at an institution of higher education.
	Sec. 54.365 [54.210].  SENIOR CITIZENS; OPTIONAL BENEFIT.
	(a)  In this section, "senior citizen" means a person 65 years of
	age or older.
	(b)  The governing board of a state-supported institution of
	higher education may allow a senior citizen to audit any course
	offered by the institution without the payment of a fee if space is
	available.
	(c)  The governing board of an institution of higher
	education may allow a senior citizen to enroll for credit in up to
	six hours of courses offered by the institution each semester or
	summer term without payment of tuition if space is available.
	Sec. 54.366 [54.211].  EXEMPTIONS FOR STUDENTS UNDER
	CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.
	(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:
	(A)  on the day preceding the student's 18th
	birthday;
	(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;
	(C)  on the day the student graduated from high
	school or received the equivalent of a high school diploma;
	(D)  on the day preceding:
	(i)  the date the student is adopted, if that
	date is on or after September 1, 2009; or
	(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
	(E) [(D)]  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.
	(b)  The Texas Education Agency and the Texas Higher
	Education Coordinating Board shall develop outreach programs to
	ensure that students in the conservatorship of the Department of
	Family and Protective Services and in grades 9-12 are aware of the
	availability of the exemption from the payment of tuition and fees
	provided by this section.
	Sec. 54.367 [54.2111].  EXEMPTIONS FOR ADOPTED STUDENTS
	FORMERLY IN FOSTER OR OTHER RESIDENTIAL CARE.  (a)  A student is
	exempt from the payment of tuition and fees authorized by this
	chapter if the student:
	(1)  was adopted; and
	(2)  was the subject of an adoption assistance
	agreement under Subchapter D, Chapter 162, Family Code, that:
	(A)  provided monthly payments and medical
	assistance benefits; and
	(B)  was not limited to providing only for the
	reimbursement of nonrecurring expenses, including reasonable and
	necessary adoption fees, court costs, attorney's fees, and other
	expenses directly related to the legal adoption of the child.
	(b)  The Texas Education Agency and the Texas Higher
	Education Coordinating Board shall develop outreach programs to
	ensure that adopted students in grades 9-12 formerly in foster or
	other residential care are aware of the availability of the
	exemption from the payment of tuition and fees provided by this
	section.
	Sec. 54.368 [54.224].  INTERINSTITUTIONAL ACADEMIC
	PROGRAMS; OPTIONAL EXEMPTION. (a)  In this section:
	(1)  "Interinstitutional academic program" means a
	program under which a student may, in accordance with a written
	agreement between an institution of higher education and one or
	more other institutions of higher education or private or
	independent institutions of higher education, take courses at each
	institution that is a party to the agreement as necessary to fulfill
	the program's degree or certificate requirements.
	(2)  "Private or independent institution of higher
	education" has the meaning assigned by Section 61.003.
	(b)  Notwithstanding any other provision of this chapter,
	the governing board of an institution of higher education may
	exempt from the payment of tuition and required fees authorized by
	this chapter a student who is taking a course, including an
	interdisciplinary course, at the institution under an
	interinstitutional academic program agreement but who is enrolled
	primarily at another institution of higher education or at a
	private or independent institution of higher education that is a
	party to the agreement and to which the student is responsible for
	the payment of tuition and fees.
	SECTION 2.  Subsection (c), Section 21.050, Education Code,
	is amended to read as follows:
	(c)  A person who receives a bachelor's degree required for a
	teaching certificate on the basis of higher education coursework
	completed while receiving an exemption from tuition and fees under
	Section 54.363 [54.214] may not be required to participate in any
	field experience or internship consisting of student teaching to
	receive a teaching certificate.
	SECTION 3.  Section 54.011, Education Code, is amended to
	read as follows:
	Sec. 54.011.  TUITION LIMIT IN CASES OF CONCURRENT
	ENROLLMENT.  When a student registers at more than one public
	institution of higher education at the same time, the student's
	[his] tuition charges shall be determined in the following manner:
	(1)  The student shall pay the full tuition charge to
	the first institution at which the student [he] is registered; and
	in any event the student [he] shall pay an amount at least equal to
	the minimum tuition specified in this code.
	(2)  If the minimum tuition specified in this code for
	the first institution at which the student is registered is equal to
	or greater than the minimum tuition specified in this code for the
	second institution at which the student is registered concurrently,
	the student shall not be required to pay the specified minimum
	tuition charge to the second institution in addition to the tuition
	charge paid to the first institution, but shall pay only the hourly
	rates, as provided in this code, to the second institution.
	(3)  If the minimum tuition specified in this code for
	the first institution at which the student is registered is less
	than the specified minimum tuition charge at the second institution
	(that is, if the second institution has a higher minimum tuition
	charge specified in this code), then the student shall first
	register at the institution having the lower minimum tuition and
	shall pay to the second institution only the amount equal to the
	difference between the student's [his] total tuition charge at the
	second institution and the student's [his] total tuition charge at
	the first institution, but in no case shall the student pay to the
	second institution less than the hourly rates as provided in this
	code.
	(4)  If a student is considered to be a Texas resident
	and therefore qualified to pay Texas resident tuition rates by one
	institution at which the student [he] is registered, the [that]
	student shall be considered a Texas resident at each of the
	institutions at which the student [he] is concurrently registered
	for the purposes of determining the proper tuition charges.
	Nothing in this subdivision shall be so construed as to allow a
	nonresident to pay resident tuition except at institutions covered
	by Section 54.231 [54.060 of this code].
	SECTION 4.  Subsection (c), Section 54.545, Education Code,
	is amended to read as follows:
	(c)  Subchapters B and D do not apply to a fee charged under
	this section, except to a fee for a correspondence course taken by a
	student who would qualify for an exemption from tuition under
	Section 54.341 [54.203] if the correspondence course applies
	towards the student's degree plan. The governing board of an
	institution of higher education may grant an exemption provided by
	Section 54.341 [54.203] for continuing education courses.
	SECTION 5.  Section 56.455, Education Code, is amended to
	read as follows:
	Sec. 56.455.  INITIAL ELIGIBILITY FOR LOAN.  To be eligible
	initially for a Texas B-On-time loan, a person must:
	(1)  be a resident of this state under Section 54.052 or
	be entitled, as a child of a member of the armed forces of the United
	States, to pay tuition at the rate provided for residents of this
	state under Section 54.241 [54.058];
	(2)  meet one of the following academic requirements:
	(A)  be a graduate of a public or private high
	school in this state who graduated not earlier than the 2002-2003
	school year under the recommended or advanced high school program
	established under Section 28.025(a) or its equivalent;
	(B)  be a graduate of a high school operated by the
	United States Department of Defense who:
	(i)  graduated from that school not earlier
	than the 2002-2003 school year; and
	(ii)  at the time of graduation from that
	school was a dependent child of a member of the armed forces of the
	United States; or
	(C)  have received an associate degree from an
	eligible institution not earlier than May 1, 2005;
	(3)  be enrolled for a full course load for an
	undergraduate student, as determined by the coordinating board, in
	an undergraduate degree or certificate program at an eligible
	institution;
	(4)  be eligible for federal financial aid, except that
	a person is not required to meet any financial need requirement
	applicable to a particular federal financial aid program; and
	(5)  comply with any additional nonacademic
	requirement adopted by the coordinating board under this
	subchapter.
	SECTION 6.  Section 61.0516, Education Code, is amended to
	read as follows:
	Sec. 61.0516.  ELECTRONIC SYSTEM TO MONITOR TUITION
	EXEMPTIONS FOR VETERANS AND DEPENDENTS.  The board shall develop a
	system to electronically monitor the use of tuition exemptions
	under Section 54.341 [54.203].  The system must allow the board to
	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 [54.203];
	(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 board.
	SECTION 7.  Section 61.073, Education Code, is amended to
	read as follows:
	Sec. 61.073.  ALLOCATION OF FUNDS FOR TUITION AND FEE
	EXEMPTIONS.  Funds shall be appropriated to the board [Texas Higher
	Education Coordinating Board] for allocation to each junior [and
	community] college in an amount equal to the total of all tuition
	and [laboratory] fees forgone [foregone] each semester as a result
	of the tuition and [laboratory] fee exemptions required by law in
	Sections 54.301, 54.331, 54.341, 54.343, 54.351, 54.352, 54.353,
	54.3531, and 54.364 [54.201 through 54.209, Texas Education Code].
	SECTION 8.  Subdivision (2), Section 61.9751, Education
	Code, is amended to read as follows:
	(2)  "Nursing education program" means an
	undergraduate professional nursing program or a graduate
	professional nursing program as those terms are defined by Section
	54.355 [54.221].
	SECTION 9.  Subsection (c), Section 76.07, Education Code,
	is amended to read as follows:
	(c)  A nonresident student who is simultaneously enrolled in
	the institution and another public institution of higher education
	under a program offered jointly by the two institutions under a
	partnership agreement and who pays the fees and charges required of
	Texas residents at one of the institutions as provided by Section
	54.213 [54.064] because the student holds a competitive scholarship
	is entitled to pay the fees and charges required of Texas residents
	at each public institution of higher education in which the student
	is simultaneously enrolled under the program.
	SECTION 10.  Subsection (a), Section 131.005, Education
	Code, is amended to read as follows:
	(a)  A Texas resident student enrolled in the institute is
	exempt from tuition fees under Section 54.364 [54.205 of this
	code].
	SECTION 11.  Subsection (i), Section 162.304, Family Code,
	is amended to read as follows:
	(i)  A child for whom a subsidy is provided under Subsection
	(b-1) for premiums for health benefits coverage and who does not
	receive any other subsidy under this section is not considered to be
	the subject of an adoption assistance agreement for any other
	purpose, including for determining eligibility for the exemption
	from payment of tuition and fees for higher education under Section
	54.367 [54.2111], Education Code.
	SECTION 12.  Subsection (i), Section 431.090, Government
	Code, is amended to read as follows:
	(i)  From money appropriated for purposes of this section,
	the adjutant general shall authorize the comptroller to reimburse
	an institution of higher education in an amount equal to the amount
	of the exemption from tuition and mandatory fees the institution
	grants to a person under Section 54.345 [54.2155], Education Code.
	SECTION 13.  Subsection (b), Section 434.0072, Government
	Code, is amended to read as follows:
	(b)  The commission shall establish a program to issue
	vouchers to be exchanged for an exemption from the payment of
	tuition and required fees at an institution of higher education as
	provided by Section 54.344 [54.215], Education Code, to students in
	grades 6 through 12 or at postsecondary educational institutions
	who sound "Taps" on a bugle, trumpet, or cornet during military
	honors funerals held in this state for deceased veterans.  A voucher
	must be issued in the amount of $25 for each time a student sounds
	"Taps" as described by this subsection.
	SECTION 14.  Subsection (a), Section 824.602, Government
	Code, as amended by Chapters 674 (S.B. 132) and 1359 (S.B. 1691),
	Acts of the 79th Legislature, Regular Session, 2005, is reenacted
	and amended to read as follows:
	(a)  Subject to Section 825.506, the retirement system may
	not, under Section 824.601, withhold a monthly benefit payment if
	the retiree is employed in a Texas public educational institution:
	(1)  as a substitute only with pay not more than the
	daily rate of substitute pay established by the employer and, if the
	retiree is a disability retiree, the employment has not exceeded a
	total of 90 days in the school year;
	(2)  in a position, other than as a substitute, on no
	more than a one-half time basis for the month;
	(3)  in one or more positions on as much as a full-time
	basis, if the work occurs in not more than six months of a school
	year that begins after the retiree's effective date of retirement;
	(4)  in a position, other than as a substitute, on no
	more than a one-half time basis for no more than 90 days in the
	school year, if the retiree is a disability retiree;
	(5)  in a position as a classroom teacher on as much as
	a full-time basis, if the retiree has retired under Section
	824.202(a) or (a-1), is certified under Subchapter B, Chapter 21,
	Education Code, to teach the subjects assigned, is teaching in an
	acute shortage area as determined by the board of trustees of a
	school district as provided by Subsection (m), and has been
	separated from service with all public schools for at least 12
	months;
	(6)  in a position as a principal, including as an
	assistant principal, on as much as a full-time basis, if the retiree
	has retired under Section 824.202(a) or (a-1) without reduction for
	retirement at an early age, is certified under Subchapter B,
	Chapter 21, Education Code, to serve as a principal, and has been
	separated from service with all public schools for at least 12
	months;
	(7)  as a bus driver for a school district on as much as
	a full-time basis, if the retiree has retired under Section
	824.202(a) or (a-1), and the retiree's primary employment is as a
	bus driver; or
	(8)  as a faculty member, during the period beginning
	with the 2005 fall semester and ending on the last day of the 2015
	spring semester, in an undergraduate professional nursing program
	or graduate professional nursing program, as defined by Section
	54.355 [54.221], Education Code, and if the retiree has been
	separated from service with all public schools for at least 12
	months.
	SECTION 15.  Subdivision (1-b), Subsection (a), Section
	2306.562, Government Code, is amended to read as follows:
	(1-b)  "Graduate professional nursing program" and
	"undergraduate professional nursing program" have the meanings
	assigned by Section 54.355 [54.221], Education Code.
	SECTION 16.  The following provisions of the Education Code
	are repealed:
	(1)  Subsection (d), Section 54.0513;
	(2)  Subsection (e), Section 54.503;
	(3)  Subsection (d), Section 65.45; and
	(4)  Subsection (c), Section 160.07.
	SECTION 17.  (a)  Section 54.208, Education Code, as amended
	by Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347), Acts of the 81st
	Legislature, Regular Session, 2009, is repealed.
	(b)  Subchapter D, Chapter 54, Education Code, is amended by
	adding Sections 54.353 and 54.3531 to read as follows:
	Sec. 54.353.  FIREFIGHTERS AND PEACE OFFICERS ENROLLED IN
	CERTAIN COURSES. (a)  The governing board of an institution of
	higher education shall exempt from the payment of tuition and
	laboratory fees a student who is employed as a firefighter by a
	political subdivision of this state and who enrolls in a course or
	courses offered as part of a fire science curriculum.
	(b)  The governing board of an institution of higher
	education shall exempt from the payment of tuition and laboratory
	fees charged by the institution for a criminal justice or law
	enforcement course or courses an undergraduate student who:
	(1)  is employed as a peace officer by this state or by
	a political subdivision of this state;
	(2)  is enrolled in a criminal justice or law
	enforcement-related degree program at the institution;
	(3)  is making satisfactory academic progress toward
	the student's degree as determined by the institution; and
	(4)  applies for the exemption at least one week before
	the last date of the institution's regular registration period for
	the applicable semester or other term.
	(c)  Notwithstanding Subsection (b), a student may not
	receive an exemption under that subsection for any course if the
	student has previously attempted a number of semester credit hours
	for courses taken at any institution of higher education while
	classified as a resident student for tuition purposes in excess of
	the maximum number of those hours specified by Section 61.0595(a)
	as eligible for funding under the formulas established under
	Section 61.059.
	(d)  Notwithstanding Subsection (b), the governing board of
	an institution of higher education may not provide exemptions under
	that subsection to students enrolled in a specific class in a number
	that exceeds 20 percent of the maximum student enrollment
	designated by the institution for that class.
	(e)  An exemption provided under this section does not apply
	to deposits that may be required in the nature of security for the
	return or proper care of property loaned for the use of students.
	(f)  The coordinating board shall adopt:
	(1)  rules governing the granting or denial of an
	exemption under this section, including rules relating to the
	determination of a student's eligibility for an exemption; and
	(2)  a uniform listing of degree programs covered by
	the exemption under this section.
	(g)  If the legislature does not specifically appropriate
	funds to an institution of higher education in an amount sufficient
	to pay the institution's costs in complying with this section for a
	semester, the governing board of the institution of higher
	education shall report to the Senate Finance Committee and the
	House Appropriations Committee the cost to the institution of
	complying with this section for that semester.
	Sec. 54.3531.  FIREFIGHTERS ENROLLED IN FIRE SCIENCE
	COURSES.  (a)  The governing board of an institution of higher
	education shall exempt from the payment of tuition and laboratory
	fees any student enrolled in one or more courses offered as part of
	a fire science curriculum who:
	(1)  is employed as a firefighter by a political
	subdivision of this state; or
	(2)  is currently, and has been for at least one year,
	an active member of an organized volunteer fire department in this
	state, as defined by the fire fighters' pension commissioner, who
	holds:
	(A)  an Accredited Advanced level of
	certification, or an equivalent successor certification, under the
	State Firemen's and Fire Marshals' Association of Texas volunteer
	certification program; or
	(B)  Phase V (Firefighter II) certification, or an
	equivalent successor certification, under the Texas Commission on
	Fire Protection's voluntary certification program under Section
	419.071, Government Code.
	(b)  An exemption provided under this section does not apply
	to deposits that may be required in the nature of security for the
	return or proper care of property loaned for the use of students.
	(c)  Notwithstanding Subsection (a), a student who for a
	semester or term at an institution of higher education receives an
	exemption under this section may continue to receive the exemption
	for a subsequent semester or term at any institution only if the
	student makes satisfactory academic progress toward a degree or
	certificate at that institution as determined by the institution
	for purposes of financial aid.
	(d)  Notwithstanding Subsection (a), the exemption provided
	under this section does not apply to any amount of additional
	tuition the institution elects to charge a resident undergraduate
	student under Section 54.014(a) or (f).
	(e)  Notwithstanding Subsection (a), the exemption provided
	under this section does not apply to any amount of tuition the
	institution charges a graduate student in excess of the amount of
	tuition charged to similarly situated graduate students because the
	student has a number of semester credit hours of doctoral work in
	excess of the applicable number provided by Section 61.059(l)(1) or
	(2).
	(f)  The coordinating board shall adopt:
	(1)  rules governing the granting or denial of an
	exemption under this section, including rules relating to the
	determination of a student's eligibility for an exemption; and
	(2)  a uniform listing of degree programs covered by
	the exemption under this section.
	SECTION 18.  The changes in law made by this Act apply
	beginning with tuition and other fees charged for the 2012-2013
	academic year.  Tuition and other fees charged for an academic
	period before that academic year 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 19.  This Act takes effect January 1, 2012.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 32 passed the Senate on
	May 5, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 32 passed the House on
	May 23, 2011, by the following vote:  Yeas 142, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor