| 1 | 1 | | 81R470 CAS-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 21 |
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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 a fixed tuition rate provided by general academic |
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| 8 | 8 | | teaching institutions and public lower-division institutions of |
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| 9 | 9 | | higher education to certain undergraduate students. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 54, Education Code, is |
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| 12 | 12 | | amended by adding Section 54.016 to read as follows: |
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| 13 | 13 | | Sec. 54.016. FIXED TUITION RATE FOR UNDERGRADUATE STUDENTS. |
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| 14 | 14 | | (a) In this section: |
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| 15 | 15 | | (1) "Coordinating board" means the Texas Higher |
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| 16 | 16 | | Education Coordinating Board. |
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| 17 | 17 | | (2) "General academic teaching institution," "public |
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| 18 | 18 | | junior college," "public state college," and "public technical |
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| 19 | 19 | | institute" have the meanings assigned by Section 61.003. |
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| 20 | 20 | | (3) "Lower-division institution of higher education" |
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| 21 | 21 | | means a public junior college, public state college, or public |
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| 22 | 22 | | technical institute. |
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| 23 | 23 | | (b) Except as otherwise provided by this section, in a |
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| 24 | 24 | | semester or other academic term, the governing board of a general |
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| 25 | 25 | | academic teaching institution or lower-division institution of |
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| 26 | 26 | | higher education may not charge tuition to an undergraduate student |
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| 27 | 27 | | under Section 54.0513, or under any other law granting the |
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| 28 | 28 | | institution discretion to set the tuition rate, at a rate that |
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| 29 | 29 | | exceeds the rate the institution charged to the student during the |
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| 30 | 30 | | first semester or other academic term that the student enrolled at |
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| 31 | 31 | | the institution if the student is currently and at all times while |
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| 32 | 32 | | enrolled at the institution has been a resident of this state for |
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| 33 | 33 | | purposes of Subchapter B or was otherwise entitled to pay tuition at |
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| 34 | 34 | | the rate provided for residents of this state. |
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| 35 | 35 | | (c) For a student enrolled at a general academic teaching |
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| 36 | 36 | | institution other than a public state college, Subsection (b) does |
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| 37 | 37 | | not apply to the student after: |
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| 38 | 38 | | (1) the fourth anniversary of the date the student |
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| 39 | 39 | | first enrolls at any public institution of higher education, |
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| 40 | 40 | | regardless of whether the student transfers among any public or |
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| 41 | 41 | | private institutions of higher education after the initial |
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| 42 | 42 | | enrollment, if the student is enrolled in a degree program of four |
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| 43 | 43 | | years or less; or |
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| 44 | 44 | | (2) the fifth anniversary of the date the student |
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| 45 | 45 | | first enrolls at any public institution of higher education, |
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| 46 | 46 | | regardless of whether the student transfers among any public or |
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| 47 | 47 | | private institutions of higher education after the initial |
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| 48 | 48 | | enrollment, if the student is enrolled in a degree program of more |
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| 49 | 49 | | than four years. |
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| 50 | 50 | | (d) For a student enrolled at a lower-division institution |
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| 51 | 51 | | of higher education, Subsection (b) does not apply to the student |
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| 52 | 52 | | after the second anniversary of the date the student first enrolls |
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| 53 | 53 | | at any lower-division institution of higher education, regardless |
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| 54 | 54 | | of whether the student transfers among any public or private |
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| 55 | 55 | | institutions of higher education after the initial enrollment. |
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| 56 | 56 | | (e) Each general academic teaching institution or |
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| 57 | 57 | | lower-division institution of higher education shall notify each |
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| 58 | 58 | | entering undergraduate student, including each undergraduate |
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| 59 | 59 | | student who transfers to the institution, of the eligibility |
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| 60 | 60 | | requirements for a fixed tuition rate under this section. |
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| 61 | 61 | | (f) In consultation with the general academic teaching |
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| 62 | 62 | | institutions and lower-division institutions of higher education, |
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| 63 | 63 | | the coordinating board shall adopt any rules the coordinating board |
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| 64 | 64 | | considers appropriate for the administration of this section. |
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| 65 | 65 | | (g) This section does not apply to a student who enters a |
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| 66 | 66 | | general academic teaching institution or lower-division |
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| 67 | 67 | | institution of higher education for the first time before the 2010 |
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| 68 | 68 | | fall semester. This subsection expires January 1, 2016. |
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| 69 | 69 | | SECTION 2. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2009. |
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