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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of children and other dependents of |
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certain military personnel or veterans for tuition and fee |
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exemptions at public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 54.341(k) and (m), Education Code, are |
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amended to read as follows: |
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(k) The Texas Higher Education Coordinating Board by rule |
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shall prescribe procedures to allow: |
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(1) a person who becomes eligible for an exemption |
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provided by Subsection (a) to waive the person's right to any unused |
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portion of the maximum number of cumulative credit hours for which |
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the person could receive the exemption and assign the exemption for |
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the unused portion of those credit hours to a child of the person; |
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and |
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(2) following the death of a person who becomes |
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eligible for an exemption provided by Subsection (a), the |
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assignment of the exemption for the unused portion of the credit |
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hours to a child of the person, to be made by the person's spouse, by |
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the personal representative, as defined by Section 3, Texas Probate |
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Code, of the person, or by the conservator, guardian, custodian, or |
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other legally designated caretaker of the child, if the child does |
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not otherwise qualify for an exemption under Subsection (b). |
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(m) For purposes of this section, a person is the child of |
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another person if [the person is 25 years of age or younger on the
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first day of the semester or other academic term for which the
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exemption is claimed and]: |
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(1) the person is the stepchild or the biological or |
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adopted child of the other person; or |
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(2) the other person claimed the person as a dependent |
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on a federal income tax return filed for the preceding year or will |
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claim the person as a dependent on a federal income tax return for |
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the current year. |
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SECTION 2. Section 54.341(n), Education Code, is repealed. |
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SECTION 3. The change in law made by this Act applies |
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beginning with tuition and fees for the 2013 fall semester. Tuition |
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and fees for a term or semester before the 2013 fall semester are |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |