85R245 AAF-D     By: Huberty H.B. No. 364       A BILL TO BE ENTITLED   AN ACT   relating to exemptions for disabled peace officers and fire   fighters from payment of tuition and fees at public institutions of   higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 54.352, Education Code,   is amended to read as follows:          Sec. 54.352.  DISABLED PEACE OFFICERS AND FIRE FIGHTERS [;   OPTIONAL EXEMPTION].          SECTION 2.  Sections 54.352(a) and (h), Education Code, are   amended to read as follows:          (a)  The governing board of an institution of higher   education shall [may] exempt a student from the payment of tuition   and [required] fees [authorized by this chapter] for a course for   which space is available if the student:                (1)  is a resident of this state and has resided in this   state for the 12 months immediately preceding the beginning of the   semester or session for which an exemption is sought;                (2)  is permanently disabled as a result of an injury   suffered during the performance of a duty as:                      (A)  a peace officer of this state or a political   subdivision of this state; or                      (B)  a fire fighter, as defined by Section   614.001, Government Code, employed by this state or a political   subdivision of this state; and                (3)  is unable to continue employment as a peace   officer or fire fighter because of the disability.          (h)  For the purpose of this section, a peace officer or a   fire fighter is considered permanently disabled only if the chief   administrative officer of the law enforcement agency, fire   department, or other entity that employed the officer or fire   fighter at the time of the injury determines the officer or fire   fighter is permanently disabled and satisfies any requirement of an   institution under Subsection (e).          SECTION 3.  The changes in law made by this Act apply to an   exemption from tuition and fees beginning with the 2017 fall   semester.          SECTION 4.  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, 2017.