81R470 CAS-D
By: Leibowitz H.B. No. 21
A BILL TO BE ENTITLED
AN ACT
relating to a fixed tuition rate provided by general academic
teaching institutions and public lower-division institutions of
higher education to certain undergraduate students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 54, Education Code, is
amended by adding Section 54.016 to read as follows:
Sec. 54.016. FIXED TUITION RATE FOR UNDERGRADUATE STUDENTS.
(a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "General academic teaching institution," "public
junior college," "public state college," and "public technical
institute" have the meanings assigned by Section 61.003.
(3) "Lower-division institution of higher education"
means a public junior college, public state college, or public
technical institute.
(b) Except as otherwise provided by this section, in a
semester or other academic term, the governing board of a general
academic teaching institution or lower-division institution of
higher education may not charge tuition to an undergraduate student
under Section 54.0513, or under any other law granting the
institution discretion to set the tuition rate, at a rate that
exceeds the rate the institution charged to the student during the
first semester or other academic term that the student enrolled at
the institution if the student is currently and at all times while
enrolled at the institution has been a resident of this state for
purposes of Subchapter B or was otherwise entitled to pay tuition at
the rate provided for residents of this state.
(c) For a student enrolled at a general academic teaching
institution other than a public state college, Subsection (b) does
not apply to the student after:
(1) the fourth anniversary of the date the student
first enrolls at any public institution of higher education,
regardless of whether the student transfers among any public or
private institutions of higher education after the initial
enrollment, if the student is enrolled in a degree program of four
years or less; or
(2) the fifth anniversary of the date the student
first enrolls at any public institution of higher education,
regardless of whether the student transfers among any public or
private institutions of higher education after the initial
enrollment, if the student is enrolled in a degree program of more
than four years.
(d) For a student enrolled at a lower-division institution
of higher education, Subsection (b) does not apply to the student
after the second anniversary of the date the student first enrolls
at any lower-division institution of higher education, regardless
of whether the student transfers among any public or private
institutions of higher education after the initial enrollment.
(e) Each general academic teaching institution or
lower-division institution of higher education shall notify each
entering undergraduate student, including each undergraduate
student who transfers to the institution, of the eligibility
requirements for a fixed tuition rate under this section.
(f) In consultation with the general academic teaching
institutions and lower-division institutions of higher education,
the coordinating board shall adopt any rules the coordinating board
considers appropriate for the administration of this section.
(g) This section does not apply to a student who enters a
general academic teaching institution or lower-division
institution of higher education for the first time before the 2010
fall semester. This subsection expires January 1, 2016.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.