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Education Exemption – Legal
Section 54.2041
EXEMPTIONS OF DISABLED PEACE OFFICERS FROM PAYMENT OF TUITION AND REQUIRED FEES
House Bill 640, 75th Legislature, 1997
Section 54.2041 Disabled Peace Officers
SECTION 1.
(a) The governing board of an institution of
higher education 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 peace officer of this state or a political subdivision of this state;
(3) is unable to continue employment as a peace officer because of the disability.
(b) A person may
not receive an exemption under this section for more than 12 semesters or sessions while the person is enrolled in an undergraduate program or while the person is attending only undergraduate courses.
(c) A
person may not receive an exemption under this section if the person is enrolled in a master's degree program or is attending postgraduate courses to meet the requirements of a master's degree program and
the person has previously received a master's degree and received an exemption under this section for a semester or session while attending a postgraduate course to meet the requirements of the master's
degree program.
(d) A person may not receive an exemption under this section if the person is enrolled in a doctoral degree program or is attending postgraduate courses to meet the requirements of a doctoral
degree program and the person has previously received a doctoral degree and received an exemption under this section for a semester or session while attending a postgraduate course to meet the requirements of the
doctoral degree program.
(e) A person must apply for an exemption in the manner provided by the governing board of the institution. The governing board shall require an applicant for an exemption to submit
satisfactory evidence that the applicant is eligible for the exemption.
(f) The Legislature, in an appropriations act, shall account for the rates of tuition and fees authorized by Subsection (a) in a way
that does not increase the general revenue appropriations to that institution.
(g) In this section, "injury suffered during the performance of a duty as a peace officer" means an injury occurring
as a result of the peace officer's performance of any of the following law enforcement duties:
(1) traffic enforcement or traffic control duties, including enforcement of traffic laws, investigation of
vehicle accidents, or directing traffic;
(2) pursuit, arrest, or search of a person reasonably believed to have violated a law;
(3) investigation, including undercover investigation, of a criminal act;
(4) patrol duties, including automobile, bicycle, foot, air, or horse patrol;
(5) duties related to the transfer of prisoners; or
(6) training duties, including participation in any training
required by the officer's employer or supervisor or by the Commission on Law Enforcement Officer Standards and Education.
(h) For the purpose of this section, a peace officer is considered permanently
disabled only if the chief administrative officer of the law enforcement agency or other entity that employed the officer at the time of the injury determines the officer is permanently disabled and satisfies any
requirement of an institution under Subsection (e).
SECTION 2
This Act applies beginning with tuition and required fees imposed for the fall semester of 1997.
Angela Crowder
Texas Higher Education Coordinating Board
P.O. Box 12788 Capitol Station
Austin, Texas 78711
Phone: 512-427-6344
Fax: 512-427-6320
Toll-Free: 800-242-3062
Web: http://www.collegefortexans.com
Educational Exemption – Children
Texas Education Code Section 54.204
Under Section 54.204 of the Texas Education Code dependent children of law enforcement personnel, certain fire fighters, employees of the
Texas Department of Corrections, and Game Wardens disabled in the line of duty are exempt from tuition and fees for the first 120 undergraduate semester.
The level of enrollment is not important whether as a
full-time or part-time student. The student must have applied for this exemption before the age of 21 and application is made through the Texas Higher Education Coordinating Board.
This exemption is for Texas public institutions such as:
Universities
Community Colleges
Technical Colleges
State Colleges
Health Related Institutions
Multi-Institutional Teaching Centers (MITCs)
Angela Crowder
Texas Education Coordinating Board
Phone: 512-427-6344
Fax: 512-427-6320
Toll-Free: 800-242-3062
Web: http://www.collegefortexans.com
Fleetwood Memorial Foundation Scholarships
Grants
The Foundation's purpose is to provide virtually instant no-strings attached grants to certified Texas Law Enforcement who are injured in the line of duty. These grants are designed
to provide immediate financial relief to meet unexpected expenses until insurance or more permanent sources of funds can be arranged.
Fleetwood Memorial Foundation
Diane Cravens
501 South Fielder Road
Arlington, Texas 76013
Phone: 817-261-8954
Fax: 817-261-2368
Email: fleetwood@fleetwoodmemorial.org
Web: http://fleetwoodmemorial.org
Retraining or Rehabilitation for Peace Officers
Educational Aid is available for the retraining or rehabilitation of injured personnel if unable to return to their previous job. The injury
must have been in the "line of duty". Training costs cannot exceed the cost of in-state books and tuition at a State or county institute of higher learning in the State of Texas. The recipient must proceed
on a degree path and after the first semester will be paid by the hours passed the previous semester. There will be no payment for non grade-point hours, and room and board will be based on funds as available.
Fleetwood Memorial Foundation
Diane Cravens
501 South Fielder Road
Austin, Texas 76013
Phone: 817-261-8954
Fax: 817-261-2368
Email: fleetwood@fleetwoodmemorial.org
Web: http://fleetwoodmemorial.org
Educational Aid for Dependent Children
Under Section 54.204 of the Higher Texas Education Code for the State, dependent children of a Peace Officer having suffered an injury in the
"line of duty" resulting in disability, upon receiving documentation, the Fleetwood Memorial Foundation can provide financial assistance for housing and other needs based on funds available. This
assistance will be affected by the student's academic performance.
Local Government Code
Section 143.073 (b) and 143.074
Effective September 1, 2001 77(R) House Bill 3603 relating to the paid leave and the return to duty for certain municipal peace officers in certain circumstances.
SECTION 1. Section 143.073(b), Local Government Code, is amended to read as follows:
(b) At the end of the one-year period, the municipality's governing body may extend the line of duty illness or injury
leave at full or reduced pay. If the police officer's leave is not extended or the person salary is reduced below 60 percent of the person's regular monthly salary, and the person is a member of a pension fund, the person may retire on pension until able to return to duty.
SECTION 2. Section 143.074, Local Government Code, is amended to read as follows:
Section 143.074 REAPPOINTMENT AFTER RECOVERY FROM DISABILITY.
With the commission's approval and if
otherwise qualified, a police officer who has been certified by a physician, selected by a pension fund, as having recovered from a disability pension is eligible for reappointment to the classified position that
the person held on the date the person qualified for the monthly disability pension.
SECTION 3. (a) This Act takes effect September 1, 2001
(b) The change in law made by this Act to Section 143.073(b), Local Government Code,
applies to a leave of absence that begins or is in progress on or after the
effective date of this Act.
Commission
refers to Texas Commission on Law Enforcement Officers Standards and Education.
A physical may be required by the pension fund board.
Emotionally Traumatized Officers
Foundation of Officers Recovering from Traumatic Events
FORTE
Dr. Bobby Smith
306 Dutchman Drive
Monroe, Louisiana 71203
Phone: 318-345-1729
Fax: 318-345-1729
Code of Criminal Procedure
Article 56.542
Effective September 1, 2001 Senate Bill 850 Amends Code of Criminal Procedure Chapter 56 by adding Article 56.542
A peace
officer who sustains a total disability resulting in permanent incapacity for work as a result of criminally injurious conduct is entitled to an annual payment equal to the difference between any amounts received
through disability sources of income and the officer's average annual salary during the officer's final three years as a peace officer. The total aggregate amount of all payments made to an individual peace
officer may not exceed $200,000.00
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