89R1329 CXP-D     By: Lujan H.B. No. 1634       A BILL TO BE ENTITLED   AN ACT   relating to tuition and fee exemptions at public institutions of   higher education for certain students who were under the   conservatorship of the Department of Family and Protective   Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 54.366(a), (b), and (c), Education   Code, are amended to read as follows:          (a)  A student is exempt from the payment of tuition and fees   authorized in this chapter, including tuition and fees charged by   an institution of higher education for a dual credit course or other   course for which a high school student may earn joint high school   and college credit, if the student[:                [(1)]  was under the conservatorship of the Department   of Family and Protective Services:                (1) [(A)]  on the day preceding the student's 18th   birthday;                (2) [(B)]  on or after the day of the student's 14th   birthday, if the student was also eligible for adoption on or after   that day;                (3) [(C)]  on the day the student graduated from high   school or received the equivalent of a high school diploma;                (4) [(D)]  on the day preceding:                      (A) [(i)]  the date the student is adopted, if   that date is on or after September 1, 2009; or                      (B) [(ii)]  the date permanent managing   conservatorship of the student is awarded to a person other than the   student's parent, if that date is on or after September 1, 2009; or                (5) [(E)]  during an academic term in which the student   was enrolled in a dual credit course or other course for which a   high school student may earn joint high school and college credit[;   and                [(2)  enrolls in an institution of higher education as   an undergraduate student or in a dual credit course or other course   for which a high school student may earn joint high school and   college credit not later than the student's 25th birthday].          (b)  The Texas Education Agency and the Texas Higher   Education Coordinating Board shall develop outreach programs to   ensure that students in the conservatorship of the Department of   Family and Protective Services and in grades 7 through 12 [9-12] are   aware of the availability of the exemption from the payment of   tuition and fees provided by this section.  The outreach programs   must include the provision of informational materials regarding the   exemption to each:                (1)  residential child-care facility as defined by   Section 42.002, Human Resources Code;                (2)  foster parent or relative or other designated   caregiver for a student enrolled in grades 7 through 12; and                (3)  school district, open-enrollment charter school,   and private school offering grade seven or above.          (c)  Notwithstanding Subsection (a) [(a)(1)], a child who   exits the conservatorship of the Department of Family and   Protective Services and is returned to the child's parent,   including a parent whose parental rights were previously   terminated, may be exempt from the payment of tuition and fees if   the department determines that the child is eligible under   department rule.  The executive commissioner of the Health and   Human Services Commission shall by rule develop factors for   determining eligibility under this subsection in consultation with   the department and the Texas Higher Education Coordinating Board.          SECTION 2.  Section 54.367(b), Education Code, is amended to   read as follows:          (b)  The Texas Education Agency and the Texas Higher   Education Coordinating Board shall develop outreach programs to   ensure that adopted students in grades 7 through 12 [9-12] formerly   in foster or other residential care are aware of the availability of   the exemption from the payment of tuition and fees provided by this   section. The outreach programs must include the provision of   informational materials regarding the exemption to each:                (1)  residential child-care facility as defined by   Section 42.002, Human Resources Code;                (2)  adoptive parent of a student in grades 7 through 12   who was formerly in foster or other residential care; and                (3)  school district, open-enrollment charter school,   and private school offering grade seven or above.          SECTION 3.  Subchapter D, Chapter 54, Education Code, is   amended by adding Section 54.3671 to read as follows:          Sec. 54.3671.  STREAMLINED ELIGIBILITY DETERMINATION AND   APPLICATION PROCESS FOR CERTAIN STUDENTS. The Texas Higher   Education Coordinating Board and the Department of Family and   Protective Services shall jointly design and implement a   streamlined eligibility determination and application process for   the tuition and fee exemptions provided by Sections 54.366 and   54.367. The streamlined process must:                (1)  be designed to decrease the administrative burden   on the department and students in determining exemption eligibility   by reducing data collection, data entry, and the copying and   recopying of applications;                (2)  include a system through which a student may apply   for an exemption electronically through the department's Internet   website; and                (3)  for a student determined by the department to be   eligible for an exemption, provide for the automatic submission by   the department to the institution of higher education indicated by   the student of the tuition waiver letter or other documentation   required by the institution to verify the student's eligibility.          SECTION 4.  The changes in law made by this Act to Section   54.366, Education Code, apply beginning with tuition and fees   charged for the 2025 fall semester.  Tuition and fees charged for a   term or semester before the 2025 fall semester are governed by the   law in effect immediately before the effective date of this Act, and   the former law is continued in effect for that purpose.          SECTION 5.  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, 2025.