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.