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AN ACT
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relating to exemptions for disabled peace officers and fire |
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fighters from payment of tuition and fees at public institutions of |
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higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 54.352, Education Code, |
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is amended to read as follows: |
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Sec. 54.352. DISABLED PEACE OFFICERS AND FIRE FIGHTERS [;
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OPTIONAL EXEMPTION]. |
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SECTION 2. Section 54.352, Education Code, is amended by |
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amending Subsections (a), (g), and (h) and adding Subsection (b-1) |
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to read as follows: |
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(a) The governing board of an institution of higher |
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education shall [may] exempt a student from the payment of tuition |
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and [required] fees [authorized by this chapter] for a course for |
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which space is available if the student: |
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(1) is a resident of this state and has resided in this |
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state for the 12 months immediately preceding the beginning of the |
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semester or session for which an exemption is sought; |
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(2) is permanently disabled as a result of an injury |
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suffered during the performance of a duty as: |
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(A) a peace officer of this state or a political |
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subdivision of this state; or |
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(B) a fire fighter, as defined by Section |
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614.001, Government Code, employed by this state or a political |
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subdivision of this state; and |
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(3) is unable to continue employment as a peace |
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officer or fire fighter because of the disability. |
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(b-1) Notwithstanding Subsection (a), the governing board |
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of an institution of higher education may not provide exemptions |
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under this section to students enrolled in a specific course in a |
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number that exceeds 20 percent of the maximum student enrollment |
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designated by the institution for that course. |
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(g) For the purpose of [In] this section, an injury is |
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suffered during the performance of a duty as a peace officer if the |
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injury occurs ["injury suffered during the performance of a duty as
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a peace officer" means an injury occurring] as a result of the peace |
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officer's performance of any of the following law enforcement |
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duties: |
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(1) traffic enforcement or traffic control duties, |
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including enforcement of traffic laws, investigation of vehicle |
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accidents, or directing traffic; |
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(2) pursuit, arrest, or search of a person reasonably |
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believed to have violated a law; |
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(3) investigation, including undercover |
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investigation, of a criminal act; |
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(4) patrol duties, including automobile, bicycle, |
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foot, air, or horse patrol; |
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(5) duties related to the transfer of prisoners; or |
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(6) training duties, including participation in any |
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training required by the officer's employer or supervisor or by the |
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Texas Commission on Law Enforcement. |
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(h) For the purpose of this section, a person [peace
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officer] is considered permanently disabled only if the chief |
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administrative officer of the law enforcement agency, fire |
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department, or other entity that employed the person [officer] at |
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the time of the injury, as applicable, determines the person |
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[officer] is permanently disabled and satisfies any requirement of |
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an institution under Subsection (e). |
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SECTION 3. The changes in law made by this Act apply to an |
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exemption from tuition and fees beginning with the 2019 fall |
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semester. |
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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, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 766 was passed by the House on April |
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16, 2019, by the following vote: Yeas 132, Nays 3, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 766 on May 23, 2019, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 766 on May 26, 2019, by the following vote: Yeas 143, |
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Nays 2, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 766 was passed by the Senate, with |
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amendments, on May 20, 2019, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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766 on May 26, 2019, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |