1 | 1 | | 81R11210 KSD-D |
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2 | 2 | | By: Turner of Harris H.B. No. 1808 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to limitations on the total amount of tuition charged to a |
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8 | 8 | | student by a public institution of higher education. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter B, Chapter 54, Education Code, is |
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11 | 11 | | amended by adding Section 54.0514 to read as follows: |
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12 | 12 | | Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a) |
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13 | 13 | | In this section, "tuition" includes: |
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14 | 14 | | (1) tuition for which the rates are prescribed by this |
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15 | 15 | | chapter; and |
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16 | 16 | | (2) tuition charged by an institution of higher |
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17 | 17 | | education under Section 54.0513 or another law authorizing an |
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18 | 18 | | institution to establish tuition rates. |
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19 | 19 | | (b) The total amount of tuition charged by an institution of |
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20 | 20 | | higher education to a student for an academic year may not exceed |
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21 | 21 | | the total amount of tuition that the institution would have charged |
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22 | 22 | | to a similarly situated student for the 2008-2009 academic year by |
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23 | 23 | | more than five percent. |
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24 | 24 | | (c) For purposes of this section, students are similarly |
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25 | 25 | | situated if they share the same residency status, degree program, |
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26 | 26 | | course load, course level, tuition exemption status, and other |
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27 | 27 | | circumstances affecting the tuition charged to the student. |
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28 | 28 | | (d) This section does not ensure that the total amount of |
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29 | 29 | | tuition charged to an individual student does not increase by more |
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30 | 30 | | than the amount provided by Subsection (b) based on a change in the |
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31 | 31 | | student's residency status, degree program, course load, course |
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32 | 32 | | level, tuition exemption status, or other circumstance affecting |
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33 | 33 | | the tuition charged to the student. |
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34 | 34 | | (e) The Texas Higher Education Coordinating Board may adopt |
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35 | 35 | | rules as necessary to administer this section. |
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36 | 36 | | (f) This subsection applies only to tuition charged to |
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37 | 37 | | students for the 2009-2010 and 2010-2011 academic years. |
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38 | 38 | | Notwithstanding any other provision of this section, for an |
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39 | 39 | | academic year to which this subsection applies, the total amount of |
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40 | 40 | | tuition charged to a student by an institution of higher education |
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41 | 41 | | may not exceed the total amount of tuition that the institution |
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42 | 42 | | would have charged under this chapter to a similarly situated |
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43 | 43 | | student for the 2008-2009 academic year. This subsection expires |
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44 | 44 | | September 1, 2011. |
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45 | 45 | | SECTION 2. Sections 54.0513(a) and (b), Education Code, are |
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46 | 46 | | amended to read as follows: |
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47 | 47 | | (a) In addition to amounts that a governing board of an |
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48 | 48 | | institution of higher education is authorized to charge as tuition |
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49 | 49 | | under the other provisions of this chapter, the governing board[, |
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50 | 50 | | under the terms the governing board considers appropriate,] may |
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51 | 51 | | charge any student an amount designated as tuition not to exceed the |
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52 | 52 | | maximum amount that enables the institution to comply with Section |
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53 | 53 | | 54.0514 that the governing board considers necessary for the |
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54 | 54 | | effective operation of the institution. |
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55 | 55 | | (b) Subject to the limit provided by Subsection (a) on the |
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56 | 56 | | amount designated as tuition charged under this section, a [A] |
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57 | 57 | | governing board may set a different tuition rate under this section |
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58 | 58 | | for each program and course level offered by each institution of |
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59 | 59 | | higher education[. A governing board may set a different tuition |
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60 | 60 | | rate] as the governing board considers appropriate to increase |
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61 | 61 | | graduation rates, encourage efficient use of facilities, [or] |
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62 | 62 | | enhance employee performance, or further another legitimate |
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63 | 63 | | purpose of the institution. |
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64 | 64 | | SECTION 3. Sections 54.0515(e) and (f), Education Code, are |
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65 | 65 | | amended to read as follows: |
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66 | 66 | | (e) It is the legislature's intent that each institution of |
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67 | 67 | | higher education[, as a condition to tuition deregulation under |
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68 | 68 | | Section 54.0513,] reasonably implement the following: |
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69 | 69 | | (1) each institution shall make satisfactory progress |
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70 | 70 | | towards the goals provided in its master plan for higher education |
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71 | 71 | | and in "Closing the Gaps," the state's master plan for higher |
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72 | 72 | | education; and |
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73 | 73 | | (2) each institution shall meet acceptable |
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74 | 74 | | performance criteria, including measures such as graduation rates, |
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75 | 75 | | retention rates, enrollment growth, educational quality, efforts |
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76 | 76 | | to enhance minority participation, opportunities for financial |
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77 | 77 | | aid, and affordability. |
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78 | 78 | | (f) The committee shall: |
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79 | 79 | | (1) meet at the call of either chair; |
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80 | 80 | | (2) monitor and regularly report to the legislature on |
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81 | 81 | | each institution of higher education's compliance with the |
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82 | 82 | | requirements of Subsection (e); and |
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83 | 83 | | (3) receive and review information concerning the |
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84 | 84 | | affordability and accessibility of higher education[, including |
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85 | 85 | | the impact of tuition deregulation]. |
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86 | 86 | | SECTION 4. This Act takes effect immediately if it receives |
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87 | 87 | | a vote of two-thirds of all the members elected to each house, as |
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88 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
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89 | 89 | | Act does not receive the vote necessary for immediate effect, this |
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90 | 90 | | Act takes effect September 1, 2009. |
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