81R1159 CAS-D
By: Guillen H.B. No. 215
A BILL TO BE ENTITLED
AN ACT
relating to limitations on increases in fees and designated tuition
charged by public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 54, Education Code, is
amended by adding Section 54.5001 to read as follows:
Sec. 54.5001. STUDENT APPROVAL REQUIRED FOR FEE INCREASE.
Unless the law authorizing the imposition of a fee expressly
provides that this section does not apply to the fee or that the fee
may be increased without student approval at a student election,
the governing board of an institution of higher education may not
increase the amount of a fee charged under this subchapter unless
the amount of the increase is approved by a majority vote of the
students of the institution voting in a general student election
called for that purpose.
SECTION 2. Section 54.0513, Education Code, is amended by
adding Subsections (g), (h), (i), (j), and (k) to read as follows:
(g) The amount of tuition the governing board of an
institution of higher education charges under this section to a
student for an academic year may not exceed the total amount of
tuition that the governing board would have charged under this
section to a similarly situated student in the preceding academic
year, as that amount is adjusted for each academic year for
inflation as determined under Subsection (h). The governing board
may not increase the amount of tuition charged under this section to
a student more than once in any academic year. For purposes of this
subsection, students are similarly situated if they share the same
residency status, degree program, course load, course level,
tuition exemption status, and other circumstances affecting the
tuition charged to the student.
(h) Not later than March 1 of each year, the Texas Higher
Education Coordinating Board by rule shall determine the inflation
rate to be used for purposes of Subsection (g) for the next academic
year and shall certify that rate to the governing board of each
institution of higher education. For purposes of Subsection (g),
the inflation rate is the percentage increase, if any, as expressed
in decimal form rounded to the nearest thousandth, in the consumer
price index, as defined by Section 341.201, Finance Code, for the
preceding calendar year as compared to the consumer price index for
the year preceding that year.
(i) The coordinating board may adopt rules as necessary to
administer this section.
(j) Notwithstanding Subsection (g), for the 2009-2010
academic year and the 2010-2011 academic year, the amount of
tuition charged to a student under this section may not exceed the
total amount of tuition that the institution would have charged
under this section to a similarly situated student in the 2008-2009
academic year. For purposes of this subsection, students are
similarly situated if they share the same residency status, degree
program, course load, course level, tuition exemption status, and
other circumstances affecting the tuition charged to the student.
This subsection expires September 1, 2011.
(k) If a student has paid an amount of tuition charged under
this section for the 2009 fall semester in excess of the maximum
amount permitted by this section, the institution, not later than
January 1, 2010, shall refund to the student the excess amount of
tuition paid. This subsection expires September 1, 2010.
SECTION 3. (a) Section 54.5001, Education Code, as added by
this Act, applies beginning with fee increases for the 2009 fall
semester.
(b) Section 54.0513, Education Code, as amended by this Act,
applies beginning with tuition charged by public institutions of
higher education for the 2009-2010 academic year. Tuition charged
by an institution of higher education in an academic year before
that academic year is covered by the law in effect before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(c) The Texas Higher Education Coordinating Board may adopt
temporary rules under Section 54.0513(i), Education Code, as added
by this Act, for the 2009-2010 academic year in the manner provided
by law for the adoption of emergency rules.
SECTION 4. 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.