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  S.B. No. 297
 
 
 
 
AN ACT
  relating to resident tuition rates and fees at public institutions
  of higher education for certain veterans and servicemembers and
  their spouses and children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.058, Education Code, is amended by
  adding Subsections (k) and (l) to read as follows:
         (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.
         SECTION 2.  Section 54.203, Education Code, is amended by
  adding Subsection (b-2) to read as follows:
         (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.
         SECTION 3.  Subsection (k), Section 54.058, Education Code,
  as added by this Act, applies beginning with tuition and other fees
  charged for the 2009 fall semester. Tuition and other fees charged
  for an academic period before that semester are covered by the law
  in effect immediately before the effective date of this Act, and the
  former law is continued in effect for that purpose.
         SECTION 4.  Subsection (b-2), Section 54.203, Education
  Code, as added by this Act, applies beginning with tuition charged
  for the 2009 fall semester. Tuition charged for an academic period
  before that semester is 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 5.  The Texas Higher Education Coordinating Board
  shall adopt the rules required by Subdivision (3), Subsection (k),
  Section 54.058, Education Code, as added by this Act, as soon as
  practicable after this Act takes effect. For that purpose, the
  coordinating board may adopt the initial rules in the manner
  provided by law for emergency rules.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 297 passed the Senate on
  March 24, 2009, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on June 1, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 297 passed the House, with
  amendments, on April 8, 2009, by the following vote: Yeas 148,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor