HBA-MPM H.B. 1434 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1434
By: Counts
Higher Education
2/19/1999
Introduced



BACKGROUND AND PURPOSE 

Current state law does not provide for tuition assistance for members of
the state's military forces who meet certain criteria.  H.B. 1434
authorizes the adjutant general's department to reimburse state colleges
and universities for waiving tuition for members of state military forces
for up to 12 semester hours per semester and a maximum of 10 semesters or
five academic years for an undergraduate, graduate, or vocational or
technical degree program.  The bill further specifies the protocol in which
the individual tuition assistance awards are to be disseminated and
provides for a remedy in the event  available funds are insufficient to
meet the number of awards determined by the adjutant general. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 431, Government Code, by adding
Section 431.090, as follows: 

Sec. 431.090.  TUITION ASSISTANCE.  (a)  Provides tuition assistance to
eligible members of the state military forces and sets forth the intent of
this section. 

(b)  Defines "institution of higher education" with the meaning assigned by
Section 61.003, Education Code, which defines "institution of higher
education" as any public technical institute, public junior college, public
senior college or university, medical or dental unit, or other agency of
higher education, as defined in the same section. 

(c)  Sets forth criteria a person must meet in order to be eligible for
tuition assistance. 

(d)  Requires the adjutant general to grant tuition assistance to a number
of eligible persons established by the adjutant general, considering funds
available for that assistance and the needs of the state military forces.
Authorizes the adjutant general to divide the number of tuition assistance
awards among the state military forces as necessary to meet recruitment and
retention needs.  Provides that the number of awards made to members of the
Texas State Guard may not exceed 30 for any semester, unless the adjutant
general finds a compelling need for additional awards to be made. 

(e)  Provides that tuition assistance may be awarded for tuition charged
for any undergraduate or graduate course at an institution of higher
education, including a vocational or technical class. 

(f)  Prohibits a person from receiving assistance for more than 12 semester
credit hours in any semester, or more than five academic years or 10
semesters, whichever occurs first. 

(g) Requires the adjutant general to give the Texas Higher Education
Coordinating Board (board) a list of persons awarded tuition assistance
before each semester at a time  determined by the board.  Requires the
board, after receiving the list, to determine whether sufficient money is
available to fund the awards under Section 54.2155, Education Code.
Requires the board to notify the adjutant general if sufficient money is
unavailable, and the adjutant general to reduce the number of awards
according to the amount of money available.  Requires the adjutant general
to provide the board with a revised list of the persons to whom awards have
been granted. 

SECTION 2.  Amends Subchapter D, Chapter 54, Education Code, by adding
Section 54.2155, as follows:   

Sec. 54.2155.  PAYMENT OF TUITION ASSISTANCE FOR MEMBERS OF STATE MILITARY
FORCES.  (a)  Requires the board to certify to institutions of higher
education on a semester basis information identifying persons who have been
awarded tuition assistance awards in a manner established by the board, if
it is determined that sufficient money is available to reimburse
institutions for tuition exemptions granted.  Requires an institution of
higher education to exempt a person certified by the board from payment of
tuition for  no more than 12 semester credit hours.  Provides that if the
person is charged outof-state tuition, the exemption amount may not exceed
that which would be charged a state resident for the number of hours the
person is enrolled, not to exceed 12 hours. 

(b)  Requires the board to reimburse an institution of higher education in
an amount equal to the amount of the tuition exemption the institution
grants to a person under Subsection (a) from money appropriated for
purposes of this section. 

SECTION 3.  Effective date:  January 1, 2000.

SECTION 4.  Emergency clause.