(a) To receive an initial exemption under this program:
  (1) A paid firefighter must be employed by a political subdivision of the State of Texas.
  (2) A volunteer firefighter must:
    (A) currently, and for at least the past year, be an active member of an organized volunteer fire department in this state participating in the Texas Emergency Services Retirement System or a retirement system established under the Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes); and
    (B) hold one of the following credentials:
      (i) an Accredited Advanced level of certification, or an equivalent successor certification, under the State Firemen's and Fire Marshals' Association of Texas volunteer certification program; or
      (ii) Phase V (Firefighter II) certification, or an equivalent successor certification, under the Texas Commission on Fire Protection's voluntary certification program under Texas Government Code, §419.071.
  (3) Otherwise eligible paid or volunteer firefighters, unless attending a public community college (for which tuition is local revenue), must provide the institution proof that they meet Selective Service registration requirements or are exempt.
(b) To receive an exemption in a subsequent semester the student must be in compliance with the institution's financial aid satisfactory academic progress requirements. If receiving a continuation award in fall 2014 or later, a student may be allowed to receive an award while holding a grade point average lower than the institution's financial aid academic progress requirements if he or she is granted an exception by the institution under §21.792 of this title (relating to Hardship Provisions).

Source Note: The provisions of this §21.789 adopted to be effective August 26, 2009, 34 TexReg 5689; amended to be effective November 20, 2013, 38 TexReg 8201; amended to be effective June 2, 2014, 39 TexReg 4243; transferred effective March 1, 2017, as published in the Texas Register February 17, 2017, 42 TexReg 699; amended to be effective August 22, 2019, 44 TexReg 4312