HBA-MPM H.B. 178 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 178
By: Cuellar
Higher Education
2/22/1999
Introduced



BACKGROUND AND PURPOSE 

The number of teachers leaving the profession after only a few years of
service is a concern in the field of education, as is the recruitment and
retention of teachers.  Incentives may encourage teachers and librarians to
continue their service over an extended period of time.  H.B. 178 waives
college tuition for the children of school teachers and librarians with ten
or more years of experience as a classroom teacher or full-time librarian,
and waives both tuition and fees for the children of those teachers and
librarians with more than 15 years of experience. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 1 (Section 54.219, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 54, Education Code, by adding
Section 54.219, as follows: 

Sec. 54.219.  CHILDREN OF CLASSROOM TEACHERS AND LIBRARIANS.  (a) Requires
the governing board of each institution of higher education to exempt a
student who is a Texas resident and a child of an eligible classroom
teacher or librarian from the payment of tuition or tuition and required
fees (fees) when the student is enrolled as an undergraduate at the
institution. 

(b)  Provides that in order to qualify for an exemption from payment of all
tuition, the student must be the child of a classroom teacher or librarian
who, at the beginning of the semester or academic session for which an
exemption is sought, has 10 or more years of experience as a classroom
teacher or full-time librarian in the public schools in Texas or as a
full-time teacher or librarian in the public schools of another state,
excluding experience as a teaching aide or administrator.  Provides that
the teacher or librarian must be employed as a classroom teacher or
full-time librarian in a public school in Texas at the time the exemption
is sought or has contracted to work in either capacity in a public school
in Texas during the next school year if the child is enrolled for a summer
session. 

(c)  Provides that in order to qualify for the exemption from the payment
of all tuition and fees, the student must be the child of a classroom
teacher or librarian who, at the beginning of the semester or academic
session for which an exemption is sought, has 15 or more years of
experience as a classroom teacher or full-time librarian in the public
schools in Texas or as a full-time teacher or librarian in the public
schools of another state, excluding experience as a teaching aide or
administrator.  Provides that the teacher or librarian must be employed as
a classroom teacher or full-time librarian in a public school in Texas at
the time the exemption is sought or has contracted to work in either
capacity in a public school in Texas during the next school year if the
child is enrolled for a summer session. 

(d)  Provides that a student is not eligible for exemption if the student
has previously  received an exemption for 10 semesters or equivalent
academic sessions at any institution of higher learning or if the student
has received a baccalaureate degree. 

(e)  Specifies that a summer term or other academic session lasting less
than nine weeks is considered one-half of a regular semester or equivalent
academic session for the purposes of Subsection (d). 

(f)  Provides that a student attending an institution of higher education
who is eligible for an exemption from tuition under Subsection (b) is
eligible for a refund of tuition expenses paid to any institution of higher
learning as a resident student in the three-year period before the first
semester or session the student becomes eligible for tuition exemption. 

(g) Provides that a student attending an institution of higher education
who is eligible for an exemption from tuition and fees under Subsection (c)
is eligible for a refund of tuition and fee expenses paid to the
institution as a resident student in the three-year period before the first
semester or session the student becomes eligible for tuition exemption.   

(h)  Provides that a student seeking a refund under Subsection (f) or (g)
apply to the institution from which the student is seeking a refund within
a year after they become eligible for the refund.  Requires the institution
to pay the refund from its available funds. 

(i)  Requires the Texas Higher Education Coordinating Board (board) to
adopt rules governing this section, as well as to adopt a uniform
application form for an exemption. 

(j)  Provides that an appropriation made to an institution of higher
education in any biennium be adjusted to take into consideration the
exemption or refund of  tuition and fees made in the preceding biennium. 

(k)  Defines "child" as a child of any age, including an adult child and an
adopted child. Defines "classroom teacher" as assigned in Section 5.001
(Definitions) as an educator who is employed by a school district and who
teaches not less than an average of four hours each day in an academic
instructional setting or a career and technology instructional setting.
The term does not include a teacher's aide or a full-time administrator. 
 
SECTION 2.  Provides that this Act takes effect upon the beginning of the
fall semester in 2000, except as provided in Subsection (b), which requires
the board to adopt rules and forms relating to the exemption of children of
classroom teachers and school librarians under this section no later than
January 1, 2000. 

SECTION 3.  Emergency clause.
            Effective date:  upon passage.