87R2709 CXP-D     By: Hernandez H.B. No. 403       A BILL TO BE ENTITLED   AN ACT   relating to exempting certain individuals who are homeless from the   payment of tuition and fees at public institutions of higher   education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 54, Education Code, is   amended by adding Section 54.3671 to read as follows:          Sec. 54.3671.  EXEMPTIONS FOR INDIVIDUALS WHO ARE HOMELESS.     (a)  In this section, "individual who is homeless":                (1)  means an individual who:                      (A)  lacks a fixed, regular, and adequate   nighttime residence; or                      (B)  has a primary nighttime residence that is:                            (i)  a supervised publicly or privately   operated shelter designed to provide temporary living   accommodations, including welfare hotels, congregate shelters, and   transitional housing for the mentally ill;                            (ii)  an institution that provides a   temporary residence for individuals intended to be   institutionalized; or                            (iii)  a public or private place not   designed for, or ordinarily used as, a regular sleeping   accommodation for human beings; and                (2)  does not include an individual who is imprisoned   or otherwise detained in a correctional facility.          (b)  Except as provided by Subsection (e), an institution of   higher education may exempt from the payment of tuition and fees   authorized in this chapter, including tuition and fees charged for   a dual credit course or other course for which a high school student   may earn joint high school and college credit, an individual who is   homeless if the individual:                (1)  submits to the institution of higher education not   later than June 30 of each year, as prescribed by Texas Higher   Education Coordinating Board rule, a notarized affidavit:                      (A)  confirming the individual's status as an   individual who is homeless from:                            (i)  a high school or school district   homeless liaison or other employee of the school district in which   the individual is enrolled;                            (ii)  the director of an emergency shelter   or transitional housing program funded by the United States   Department of Housing and Urban Development;                            (iii)  the director of:                                  (a)  a basic center for runaway and   homeless youth; or                                  (b)  a transitional living program;                            (iv)  a state homeless education counselor,   if any;                            (v)  an employee of the National Center for   Homeless Education;                            (vi)  a third party, including a private or   publicly funded homeless shelter or service provider;                            (vii)  a college financial aid administrator   other than an administrator employed by the institution of higher   education;                            (viii)  an employee from a college access   program;                            (ix)  a counselor at a high school the   individual attended or a college counselor; or                            (x)  a mental health professional, social   worker, mentor, physician, or member of the clergy; and                      (B)  demonstrating financial need as determined   by Texas Higher Education Coordinating Board rule; and                (2)  enrolls in the 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 individual's 25th birthday.          (c)  A person may not charge a fee for providing or   notarizing the affidavit described by Subsection (b).          (d)  An affidavit described by Subsection (b) may not be used   for an exemption under this section if the affidavit was signed more   than 60 days before the date the affidavit is submitted to an   institution of higher education under Subsection (b).          (e)  An individual is not eligible for an exemption under   this section if the individual:                (1)  has previously received an exemption under this   section for 10 semesters or summer sessions at any institution or   institutions of higher education;                (2)  has received a baccalaureate degree; or                (3)  is subject to the registration requirements of   Chapter 62, Code of Criminal Procedure.          SECTION 2.  (a) Section 54.3671, Education Code, as added by   this Act, applies beginning with tuition and fees charged for the   2022 spring semester.          (b)  The Texas Higher Education Coordinating Board shall   adopt rules to implement Section 54.3671, Education Code, as added   by this Act, as soon as practicable after the effective date of this   Act.          SECTION 3.  This Act takes effect September 1, 2021.