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Texas Education Code - Section 54.203. Veterans, Dependents, Etc.

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§ 54.203. VETERANS, DEPENDENTS, ETC.. (a) The governing board of each institution of higher education shall exempt the following persons from the payment of all dues, fees, and charges, including fees for correspondence courses but excluding property deposit fees, student services fees, and any fees or charges for lodging, board, or clothing, provided the persons seeking the exemptions were citizens of Texas at the time they entered the services indicated and have resided in Texas for at least the period of 12 months before the date of registration: (1) all nurses and honorably discharged members of the armed forces of the United States who served during the Spanish-American War or during World War I; (2) all nurses, members of the Women's Army Auxiliary Corps, members of the Women's Auxiliary Volunteer Emergency Service, and all honorably discharged members of the armed forces of the United States who served during World War II except those who were discharged from service because they were over the age of 38 or because of a personal request on the part of the person that he be discharged from service; (3) all honorably discharged men and women of the armed forces of the United States who served during the national emergency which began on June 27, 1950, and which is referred to as the Korean War; and (4) all persons who were honorably discharged from the armed forces of the United States after serving on active military duty, excluding training, for more than 180 days and who served a portion of their active duty during: (A) the Cold War which began on the date of the termination of the national emergency cited in Subdivision (3) of this subsection; (B) the Vietnam era which began on December 21, 1961, and ended on May 7, 1975; (C) the Grenada and Lebanon era which began on August 24, 1982, and ended on July 31, 1984; (D) the Panama era which began on December 20, 1989, and ended on January 21, 1990; (E) the Persian Gulf War which began on August 2, 1990, and ends on the date thereafter prescribed by Presidential proclamation or September 1, 1997, whichever occurs first; (F) the national emergency by reason of certain terrorist attacks that began on September 11, 2001; or (G) any future national emergency declared in accordance with federal law. (b) The exemptions provided for in Subsection (a) of this section also apply and inure to the benefit of the children of members of the armed forces of the United States who are or were killed in action, who die or died while in service, who are missing in action, or whose death is documented to be directly caused by illness or injury connected with service in the armed forces of the United States, and to the benefit of orphans of members of the Texas National Guard and the Texas Air National Guard killed since January 1, 1946, while on active duty either in the service of their state or the United States. However, to qualify for this exemption a person must be a citizen of Texas and must have resided in the state for at least 12 months immediately preceding the date of the person's registration. (c) The exemptions provided for in Subsection (a) of this section shall not exceed a cumulative total of 150 credit hours. (d) The governing board of each institution of higher education granting exemptions shall require every applicant claiming the benefit of an exemption to submit satisfactory evidence that he fulfills the necessary citizenship and residency requirements. (e) The exemption from fees provided for in Subsection (a) of this section does not apply to a person if at the time of his registration he is eligible for educational benefits under federal legislation in effect at the time of his registration if the value of those benefits is equal to or exceeds the value of the exemption, except that the person must first utilize the federal benefit for which he is eligible and the combined amount of the federal benefit plus the amount of this waiver shall not exceed the maximum value of the waiver. A person is covered by the exemptions if his right to benefits under federal legislation is extinguished at the time of his registration, except that a person is not eligible for an exemption from fees under this section if the person's right to benefits under federal legislation is extinguished because the person is in default of repayment of a loan made to the person under a federal program to provide or guarantee loans for educational purposes. A person is not eligible for the exemption if the person is in default on a loan made or guaranteed for educational purposes by the State of Texas. (f) The governing board of each institution of higher education may enter into contracts with the United States government, or any of its agencies, to furnish instruction to ex-servicemen and ex-service women at a tuition rate which covers the estimated cost of the instruction or, in the alternative, at a tuition rate of $100 a semester, as may be determined by the governing board. If the rates specified are prohibited by federal law for any particular class of ex-servicemen or ex-service women, the tuition rate shall be set by the governing board, but shall not be less than the established rate for civilian students. If federal law provides as to any class of veterans that the tuition payments are to be deducted from subsequent benefits to which the veteran may be entitled, the institution shall refund to any veteran who is a resident of Texas within the meaning of this section the amount by which any adjusted compensation payment is actually reduced because of tuition payments made to the institution by the federal government for the veteran. (g) The governing board of a junior college district may establish a fee for extraordinary costs associated with a specific course or program and may provide that the exemptions provided by Subsections (a) and (b) do not apply to this fee. Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 7, § 1 (h) The governing board of each institution of higher education shall electronically report to the Texas Higher Education Coordinating Board the information required by Section 61.0516 relating to each individual receiving an exemption from fees and charges under Subsection (a) or (b). The institution shall report the information not later than December 31 of each year for the fall semester, May 31 of each year for the spring semester, and September 30 of each year for the summer session. Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 888, § 9 (h) In determining whether to admit a person to any certificate program or any baccalaureate, graduate, postgraduate, or professional degree program, an institution of higher education may not consider the fact that the person is eligible for an exemption under this section. (i) The Texas Higher Education Coordinating Board may adopt rules to provide for the efficient and uniform application of this section. Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971. Amended by Acts 1993, 73rd Leg., ch. 435, § 1, 2, eff. June 6, 1993; Acts 1995, 74th Leg., ch. 159, § 1, eff. May 23, 1995; Acts 1995, 74th Leg., ch. 301, § 1, eff. June 5, 1995; Acts 1995, 74th Leg., ch. 840, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1102, § 1, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 7, § 1, eff. May 3, 2005; Acts 2005, 79th Leg., ch. 98, § 1, eff. May 20, 2005; Acts 2005, 79th Leg., ch. 888, § 9, eff. Sept. 1, 2005.

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