H.B. No. 2702
 
 
 
 
AN ACT
  relating to tuition and fee exemptions and health benefits coverage
  subsidies for certain adopted children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.2111(a), Education Code, is amended
  to read as follows:
         (a)  A student is exempt from the payment of tuition and fees
  authorized by this chapter if the student:
               (1)  was adopted; and
               (2)  was the subject of an adoption assistance
  agreement under Subchapter D, Chapter 162, Family Code, that:
                     (A)  provided monthly payments and medical
  assistance benefits; and
                     (B)  was not limited to providing only for the
  reimbursement of nonrecurring expenses, including reasonable and
  necessary adoption fees, court costs, attorney's fees, and other
  expenses directly related to the legal adoption of the child.
         SECTION 2.  (a) Section 162.304, Family Code, is amended by
  adding Subsections (b-1), (b-2), and (g) to read as follows:
         (b-1)  The department shall pay a $150 subsidy each month for
  the premiums for health benefits coverage for a child with respect
  to whom a court has entered a final order of adoption if the child:
               (1)  was in the conservatorship of the department at
  the time of the child's adoptive placement;
               (2)  after the adoption, is not eligible for medical
  assistance under Chapter 32, Human Resources Code; and
               (3)  is younger than 18 years of age.
         (b-2)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement
  Subsection (b-1), including rules that:
               (1)  limit eligibility for the subsidy under that
  subsection to a child whose adoptive family income is less than 300
  percent of the federal poverty level;
               (2)  provide for the manner in which the department
  shall pay the subsidy under that subsection; and
               (3)  specify any documentation required to be provided
  by an adoptive parent as proof that the subsidy is used to obtain
  and maintain health benefits coverage for the adopted child.
         (g)  A child for whom a subsidy is provided under Subsection
  (b-1) for premiums for health benefits coverage and who does not
  receive any other subsidy under this section is not considered to be
  the subject of an adoption assistance agreement for any other
  purpose, including for determining eligibility for the exemption
  from payment of tuition and fees for higher education under Section
  54.2111, Education Code.
         (b)  The change in law made by this section to Section
  162.304, Family Code, applies only to financial and medical
  assistance available under Section 162.304, Family Code, as amended
  by this section, for a child for whom a final order of adoption is
  entered on or after the effective date of this section. Financial
  and medical assistance for a child for whom a final order of
  adoption is entered before the effective date of this section is
  governed by the law in effect on the date the order was entered, and
  the former law is continued in effect for that purpose.
         (c)  This section takes effect September 1, 2007.
         SECTION 3.  (a) Except as provided by Subsection (b) of this
  section, the change in law made by this Act applies beginning with
  tuition and fees charged at a public institution of higher
  education for the 2007 fall semester. Tuition and fees charged for
  an academic period before the 2007 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 change in law made by this Act does not apply to a
  student who was enrolled in a public institution of higher
  education and qualified for an exemption from tuition and fees
  under Section 54.2111(a), Education Code, for any academic term of
  the 2006-2007 academic year. A student described by this
  subsection is entitled to an exemption from tuition and fees under
  Section 54.2111(a), Education Code, as that section existed
  immediately before the effective date of this Act, until the
  earlier of:
               (1)  the date the student completes the degree program
  in which the student was last enrolled in the 2006-2007 academic
  year or another degree program of the same level; or
               (2)  the fourth anniversary of the date the student
  initially enrolled in the degree program in which the student was
  last enrolled in the 2006-2007 academic year.
         SECTION 4.  Except as otherwise provided by this Act, 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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2702 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2702 on May 25, 2007, by the following vote:  Yeas 139, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2702 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor