Texas 2009 - 81st Regular

Texas House Bill HB1808 Compare Versions

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11 81R11210 KSD-D
22 By: Turner of Harris H.B. No. 1808
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to limitations on the total amount of tuition charged to a
88 student by a public institution of higher education.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter B, Chapter 54, Education Code, is
1111 amended by adding Section 54.0514 to read as follows:
1212 Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a)
1313 In this section, "tuition" includes:
1414 (1) tuition for which the rates are prescribed by this
1515 chapter; and
1616 (2) tuition charged by an institution of higher
1717 education under Section 54.0513 or another law authorizing an
1818 institution to establish tuition rates.
1919 (b) The total amount of tuition charged by an institution of
2020 higher education to a student for an academic year may not exceed
2121 the total amount of tuition that the institution would have charged
2222 to a similarly situated student for the 2008-2009 academic year by
2323 more than five percent.
2424 (c) For purposes of this section, students are similarly
2525 situated if they share the same residency status, degree program,
2626 course load, course level, tuition exemption status, and other
2727 circumstances affecting the tuition charged to the student.
2828 (d) This section does not ensure that the total amount of
2929 tuition charged to an individual student does not increase by more
3030 than the amount provided by Subsection (b) based on a change in the
3131 student's residency status, degree program, course load, course
3232 level, tuition exemption status, or other circumstance affecting
3333 the tuition charged to the student.
3434 (e) The Texas Higher Education Coordinating Board may adopt
3535 rules as necessary to administer this section.
3636 (f) This subsection applies only to tuition charged to
3737 students for the 2009-2010 and 2010-2011 academic years.
3838 Notwithstanding any other provision of this section, for an
3939 academic year to which this subsection applies, the total amount of
4040 tuition charged to a student by an institution of higher education
4141 may not exceed the total amount of tuition that the institution
4242 would have charged under this chapter to a similarly situated
4343 student for the 2008-2009 academic year. This subsection expires
4444 September 1, 2011.
4545 SECTION 2. Sections 54.0513(a) and (b), Education Code, are
4646 amended to read as follows:
4747 (a) In addition to amounts that a governing board of an
4848 institution of higher education is authorized to charge as tuition
4949 under the other provisions of this chapter, the governing board[,
5050 under the terms the governing board considers appropriate,] may
5151 charge any student an amount designated as tuition not to exceed the
5252 maximum amount that enables the institution to comply with Section
5353 54.0514 that the governing board considers necessary for the
5454 effective operation of the institution.
5555 (b) Subject to the limit provided by Subsection (a) on the
5656 amount designated as tuition charged under this section, a [A]
5757 governing board may set a different tuition rate under this section
5858 for each program and course level offered by each institution of
5959 higher education[. A governing board may set a different tuition
6060 rate] as the governing board considers appropriate to increase
6161 graduation rates, encourage efficient use of facilities, [or]
6262 enhance employee performance, or further another legitimate
6363 purpose of the institution.
6464 SECTION 3. Sections 54.0515(e) and (f), Education Code, are
6565 amended to read as follows:
6666 (e) It is the legislature's intent that each institution of
6767 higher education[, as a condition to tuition deregulation under
6868 Section 54.0513,] reasonably implement the following:
6969 (1) each institution shall make satisfactory progress
7070 towards the goals provided in its master plan for higher education
7171 and in "Closing the Gaps," the state's master plan for higher
7272 education; and
7373 (2) each institution shall meet acceptable
7474 performance criteria, including measures such as graduation rates,
7575 retention rates, enrollment growth, educational quality, efforts
7676 to enhance minority participation, opportunities for financial
7777 aid, and affordability.
7878 (f) The committee shall:
7979 (1) meet at the call of either chair;
8080 (2) monitor and regularly report to the legislature on
8181 each institution of higher education's compliance with the
8282 requirements of Subsection (e); and
8383 (3) receive and review information concerning the
8484 affordability and accessibility of higher education[, including
8585 the impact of tuition deregulation].
8686 SECTION 4. This Act takes effect immediately if it receives
8787 a vote of two-thirds of all the members elected to each house, as
8888 provided by Section 39, Article III, Texas Constitution. If this
8989 Act does not receive the vote necessary for immediate effect, this
9090 Act takes effect September 1, 2009.