Amend SB 93 (House committee report) as follows:
(1) Strike the recital to SECTION 1 of the bill (page 1, lines 5 through 7), and substitute:
SECTION 1. Section 54.203, Education Code, is amended by
amending Subsections (a), (b), (b-1), (d), and (g) and adding
Subsections (a-1), (k), (l), and (m) to read as follows:
(2) In SECTION 1 of the bill, in amended Section 54.203,
Education Code (page 4, between lines 22 and 23), insert the
following:
(g) The governing board of a junior college district may
establish a fee for extraordinary costs associated with a specific
course or program and may provide that the exemptions provided by
this section [Subsections (a) and (b)] do not apply to this fee.
(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.
(3) In SECTION 1 of the bill, in added Section 54.203(k),
Education Code (page 4, line 23), strike "(k)" and substitute
"(m)".
(4) Strike SECTION 2 of the bill (page 5, lines 4 through
13).
(5) Add the following SECTIONS to the bill, appropriately
numbered, and renumber subsequent SECTIONS accordingly:
SECTION ____. This Act shall be known as the "Hazlewood
Legacy Act."
SECTION ____. Subsections (e) and (e-1), Section 54.203,
Education Code, as amended by Chapters 443 (HB 125) and 1334 (SB
1640), Acts of the 80th Legislature, Regular Session, 2007, are
reenacted and amended to read as follows:
(e) The exemption from tuition, fees, and other charges
provided for by this section [in Subsection (a)] 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 [the federal benefit] 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. [A person is covered by the exemption if the
person's right to benefits under federal legislation is
extinguished at the time of the person's registration, except that
a person may not receive an exemption from fees under this section
if the person's right to benefits under federal legislation is
extinguished because the person is in default of repayment of a loan
made to the person under a federal program to provide or guarantee
loans for educational purposes.]
(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.
SECTION ____. (a) Section 54.203, Education Code, as
amended by this Act, applies beginning with tuition, dues, fees,
and other charges for the 2009 fall semester. If a person who
becomes eligible for an exemption in that semester under that
section has paid the tuition, dues, fees, and other charges for that
semester, the institution of higher education shall refund to the
student the amount of those charges paid by the person in the amount
of the exemption. Tuition, dues, fees, and other charges for a term
or semester before the 2009 fall semester are covered by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
(b) The Texas Higher Education Coordinating Board shall
prescribe the procedures required by Sections 54.203(k) and (l),
Education Code, as added by this Act, as soon as practicable after
the effective date of this Act. For that purpose, the coordinating
board may adopt the initial rules prescribing those procedures in
the manner provided by law for emergency rules.