Bill Text: TX SB32 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the consolidation of related higher education programs governing tuition, fee exemptions, and waivers respective to specific target populations.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 1/1/12 [SB32 Detail]

Download: Texas-2011-SB32-Enrolled.html

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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