H.B. No. 1163
 
 
 
 
AN ACT
  relating to tuition and fee exemptions at public institutions of
  higher education for certain peace officers and firefighters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.208, Education Code, as amended by
  Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347), Acts of the 81st
  Legislature, Regular Session, 2009, is reenacted to read as
  follows:
         Sec. 54.208.  FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES.
  (a) The governing board of an institution of higher education shall
  exempt from the payment of tuition and laboratory fees any student
  enrolled in one or more courses offered as part of a fire science
  curriculum who:
               (1)  is employed as a firefighter by a political
  subdivision of this state; or
               (2)  is currently, and has been for at least one year,
  an active member of an organized volunteer fire department in this
  state, as defined by the fire fighters' pension commissioner, who
  holds:
                     (A)  an Accredited Advanced level of
  certification, or an equivalent successor certification, under the
  State Firemen's and Fire Marshals' Association of Texas volunteer
  certification program; or
                     (B)  Phase V (Firefighter II) certification, or an
  equivalent successor certification, under the Texas Commission on
  Fire Protection's voluntary certification program under Section
  419.071, Government Code.
         (b)  An exemption provided under this section does not apply
  to deposits that may be required in the nature of security for the
  return or proper care of property loaned for the use of students.
         (c)  Notwithstanding Subsection (a), a student who for a
  semester or term at an institution of higher education receives an
  exemption under this section may continue to receive the exemption
  for a subsequent semester or term at any institution only if the
  student makes satisfactory academic progress toward a degree or
  certificate at that institution as determined by the institution
  for purposes of financial aid.
         (d)  Notwithstanding Subsection (a), the exemption provided
  under this section does not apply to any amount of additional
  tuition the institution elects to charge a resident undergraduate
  student under Section 54.014(a) or (f).
         (e)  Notwithstanding Subsection (a), the exemption provided
  under this section does not apply to any amount of tuition the
  institution charges a graduate student in excess of the amount of
  tuition charged to similarly situated graduate students because the
  student has a number of semester credit hours of doctoral work in
  excess of the applicable number provided by Section 61.059(l)(1) or
  (2).
         (f)  The Texas Higher Education Coordinating Board shall
  adopt:
               (1)  rules governing the granting or denial of an
  exemption under this section, including rules relating to the
  determination of a student's eligibility for an exemption; and
               (2)  a uniform listing of degree programs covered by
  the exemption under this section.
         SECTION 2.  Subchapter D, Chapter 54, Education Code, is
  amended by adding Section 54.2081 to read as follows:
         Sec. 54.2081.  PEACE OFFICERS ENROLLED IN CERTAIN COURSES.
  (a)  The governing board of an institution of higher education
  shall exempt from the payment of tuition and laboratory fees
  charged by the institution for a criminal justice or law
  enforcement course or courses an undergraduate student who:
               (1)  is employed as a peace officer by this state or by
  a political subdivision of this state;
               (2)  is enrolled in a criminal justice or law
  enforcement-related degree program at the institution;
               (3)  is making satisfactory academic progress toward
  the student's degree as determined by the institution; and
               (4)  applies for the exemption at least one week before
  the last date of the institution's regular registration period for
  the applicable semester or other term.
         (b)  Notwithstanding Subsection (a), a student may not
  receive an exemption under this section for any course if the
  student has previously attempted a number of semester credit hours
  for courses taken at any institution of higher education while
  classified as a resident student for tuition purposes in excess of
  the maximum number of those hours specified by Section 61.0595(a)
  as eligible for funding under the formulas established under
  Section 61.059.
         (c)  Notwithstanding Subsection (a), the governing board of
  an institution of higher education may not provide exemptions under
  this section to students enrolled in a specific class in a number
  that exceeds 20 percent of the maximum student enrollment
  designated by the institution for that class.
         (d)  An exemption provided under this section does not apply
  to deposits that may be required in the nature of security for the
  return or proper care of property loaned for the use of students.
         (e)  The Texas Higher Education Coordinating Board shall
  adopt:
               (1)  rules governing the granting or denial of an
  exemption under this section, including rules relating to the
  determination of a student's eligibility for an exemption; and
               (2)  a uniform listing of degree programs covered by
  the exemption under this section.
         (f)  If the legislature does not specifically appropriate
  funds to an institution of higher education in an amount sufficient
  to pay the institution's costs in complying with this section for a
  semester, the governing board of the institution of higher
  education shall report to the Senate Finance Committee and the
  House Appropriations Committee the cost to the institution of
  complying with this section for that semester.
         SECTION 3.  The changes in law made by this Act apply to an
  exemption from tuition and fees beginning with the 2011 fall
  semester.
         SECTION 4.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1163 was passed by the House on April
  21, 2011, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1163 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor