S.B. No. 937 AN ACT relating to an excused absence from a public institution of higher education for a student called to required military service. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 51.9111, Education Code, is amended to read as follows: Sec. 51.9111. EXCUSED ABSENCE FOR REQUIRED [ACTIVE] MILITARY SERVICE. SECTION 2. Section 51.9111(a)(2), Education Code, is amended to read as follows: (2) "Required [Active] military service" includes required [active] military service performed by a member of the Texas National Guard or the Texas State Guard. SECTION 3. Sections 51.9111(b) and (c), Education Code, are amended to read as follows: (b) This section applies only if: (1) a student enrolled in an institution of higher education fails to attend classes or engage in other required activities because the student is called to required [active] military service that is of a reasonably brief duration, as determined by rule adopted under Subsection (d); and (2) the student chooses not to withdraw as authorized by Section 54.006(f). (c) An institution of higher education shall excuse a student from attending classes or engaging in other required activities, including examinations, in order for the student to participate in required [active] military service to which the student is called, including travel associated with the service. A student whose absence is excused under this subsection may not be penalized for that absence and shall be allowed to complete an assignment or take an examination from which the student is excused within a reasonable time after the absence. An instructor may appropriately respond if the student fails to satisfactorily complete the assignment or examination within a reasonable time after the absence. SECTION 4. (a) Section 51.9111, Education Code, as amended by this Act, applies beginning with the 2021 fall semester. (b) As soon as practicable after the effective date of this Act, the Texas Higher Education Coordinating Board shall adopt or amend rules as necessary to implement Section 51.9111, Education Code, as amended by this Act. 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, 2021. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 937 passed the Senate on April 19, 2021, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 937 passed the House on May 18, 2021, by the following vote: Yeas 137, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor