HBA-MPM S.B. 526 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 526
By: Luna
Higher Education
5/6/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, the average cost of tuition per hour at a state-supported
institution of higher education is approximately $69.  The state of Texas
may reap benefits by waiving tuition for members of the Texas Military
Forces.  Some of the benefits may include diversifying the military forces
and providing well-trained soldiers to respond to Texas emergencies;
providing better educated and more easily trained Texans for emerging
technology jobs; and assisting in retention and recruiting of qualified
National Guard candidates.  The cost of providing educational assistance to
members of the military forces is estimated at between $2.7 and $5 million,
depending on the number of applicants.  S.B. 526 creates a tuition
assistance program for all enlisted grades of the military forces in Texas,
and sets forth reimbursement procedures for public or private institutions
of higher learning. 

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 under
this section to eligible members of the state military forces due to
certain circumstances, and for specific reasons.  

(b)  Defines "institution of higher education" and "private or independent
institution of higher education" for purposes of this section. 

(c)  Sets forth a person's eligibility requirements for tuition assistance.

(d)  Requires the adjutant general to grant tuition assistance under this
section 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 apportion
the number of tuition assistance awards among the components of the state
military forces as considered necessary to meet the recruitment and
retention needs of those components.  Prohibits the number of tuition
assistance awards made to members of the Texas State Guard from exceeding
30 per any semester, unless the adjutant general finds a compelling need
for additional awards to members of the Texas State Guard. 

(e)  Authorizes tuition assistance to be awarded under this section for
tuition charged for any undergraduate or graduate course at an institution
of higher education or private or independent institution of higher
education, including a vocational or technical course. 

(f)  Prohibits a person from receiving tuition assistance under this
section 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, before each semester at a time
determined by the Texas Higher Education Coordinating Board (board), to
certify to the board a list of persons awarded tuition assistance under
this section for that semester.  Requires the board to then determine
whether sufficient money is available to fund the awards, and if the board
determines that funds are insufficient, to notify the adjutant general, who
is then required to reduce the number of awards according to the amount of
money available.  Requires the adjutant general to certify to the
coordinating board the revised list of persons awarded tuition assistance. 

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, in the manner it establishes and for each
semester, to certify to institutions of higher education information
identifying persons to whom the adjutant general of the state military
forces has awarded tuition assistance, provided sufficient money is
available to reimburse the institutions for the awards under this section
and to make tuition assistance grants.  Requires the institution to exempt
a person certified by the board under this section from the payment of
tuition for the semester credit hours for which the person enrolls, not to
exceed 12 hours.  Prohibits the exemption amount from exceeding the amount
of tuition a person would be charged as a Texas resident for the number of
semester credit hours for which the person enrolls if the person is not
charged tuition at the rate provided to Texas residents, not to exceed 12
hours. 

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

(c)  Requires the board, from money appropriate for purposes of this
section, to make a grant to a person attending a private or independent
institution of higher education, as defined by Section 61.003
(Definitions), Education Code, to whom the adjutant general has awarded
tuition assistance for the semester under Section 431.090, Government Code.
Provides that the amount of this grant is equal to the average amount of
reimbursement the board estimates will be paid per student for the same
semester under Subsection (b). 

SECTION 3.  Effective date:  January 1, 2000.

SECTION 4.  Makes this Act effective only if a specific appropriation is
provided in H.B. 1 (General Appropriations Act), Acts of the 76th
Legislature, Regular Session, 1999.  Provides that if no specific
appropriation is provided in this bill, this Act has no effect. 

SECTION 5.  Emergency clause.