Texas 2009 - 81st Regular

Texas House Bill HB335 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R550 CAS-D
2	2	By: Aycock H.B. No. 335
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to stabilizing the amount of tuition charged to certain
8	8	residents of this state by general academic teaching institutions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 54, Education Code, is
11	11	amended by adding Section 54.016 to read as follows:
12	12	Sec. 54.016. TUITION STABILIZATION. (a) In this section:
13	13	(1) "Consumer price index" means the consumer price
14	14	index for all urban consumers, for all items and all regions of the
15	15	United States, as published by the United States Department of
16	16	Labor, Bureau of Labor Statistics, or a successor national index of
17	17	the change in consumer prices.
18	18	(2) "Coordinating board" means the Texas Higher
19	19	Education Coordinating Board.
20	20	(3) "General academic teaching institution" has the
21	21	meaning assigned by Section 61.003.
22	22	(b) This section applies only to a student who:
23	23	(1) enrolls at a general academic teaching
24	24	institution as a first-time freshman;
25	25	(2) after satisfying the requirement of Subdivision
26	26	(1), remains continuously enrolled at a general academic teaching
27	27	institution until graduation, except as provided under rules
28	28	adopted under Subsection (g); and
29	29	(3) at all times while the student is enrolled at a
30	30	general academic teaching institution, is a resident of this state
31	31	for purposes of Subchapter B or is otherwise entitled to pay tuition
32	32	and fees at the rate provided for residents of this state.
33	33	(c) Except as provided under rules adopted under Subsection
34	34	(g), this section applies only to the amount of tuition charged
35	35	under this chapter to a student as follows:
36	36	(1) for a student enrolled in a four-year degree
37	37	program, on or before the fourth anniversary of the date the student
38	38	first enrolls in a general academic teaching institution; or
39	39	(2) for a student enrolled in a degree program of any
40	40	other length, not later than the end of the standard completion
41	41	period for that program, as established by the general academic
42	42	teaching institution awarding the degree.
43	43	(d) Notwithstanding any other provision of this chapter but
44	44	subject to the applicability provisions of this section, a general
45	45	academic teaching institution may not charge to a student for any
46	46	course in which the student enrolls after the student's freshman
47	47	year tuition at a rate that exceeds the rate in effect for that
48	48	course during the student's freshman year or, for a course that was
49	49	not offered during the student's freshman year, at a rate that
50	50	exceeds the rate in effect for an equivalent course during the
51	51	student's freshman year, except that the institution may adjust
52	52	that rate for each academic year after the student's freshman year
53	53	to reflect any average annual percentage increase, expressed in
54	54	decimal form rounded to the nearest thousandth, in the consumer
55	55	price index during the most recent 48-month period preceding that
56	56	academic year for which the information is available when the
57	57	tuition rates are set.
58	58	(e) Notwithstanding any other provision of this chapter but
59	59	subject to the applicability provisions of this section, if a
60	60	student transfers from one general academic teaching institution to
61	61	another, the institution to which the student transfers may not
62	62	charge to the student for any course in which the student enrolls
63	63	after the student's freshman year tuition at a rate that exceeds the
64	64	rate in effect for that course at the receiving institution during
65	65	the student's freshman year or, for a course that was not offered at
66	66	the receiving institution during the student's freshman year, at a
67	67	rate that exceeds the rate in effect for an equivalent course at the
68	68	receiving institution during the student's freshman year, except
69	69	that the institution may adjust that rate for each academic year
70	70	after the student's freshman year to reflect any average annual
71	71	percentage increase, expressed in decimal form rounded to the
72	72	nearest thousandth, in the consumer price index during the most
73	73	recent 48-month period preceding that academic year for which the
74	74	information is available when the tuition rates are set.
75	75	(f) In consultation with general academic teaching
76	76	institutions, the coordinating board shall adopt any rules
77	77	necessary to administer this section, including:
78	78	(1) rules relating to the equivalency of courses
79	79	offered during a student's freshman year and courses in which the
80	80	student enrolls after the student's freshman year;
81	81	(2) rules consistent with Subsection (e) that:
82	82	(A) provide for determining tuition rates for
83	83	students who transfer among general academic teaching
84	84	institutions; and
85	85	(B) prescribe the types of documentation a
86	86	transfer student must submit to establish eligibility under that
87	87	subsection; and
88	88	(3) rules as described by Subsection (g) allowing
89	89	students to suspend their enrollment or giving students additional
90	90	time to complete their degree programs.
91	91	(g) The coordinating board shall adopt rules to allow a
92	92	student to pay tuition rates as provided by Subsection (d) or (e),
93	93	as applicable, if the student satisfies the other requirements of
94	94	this section but, solely as a result of a hardship or other good
95	95	cause shown, is unable to remain continuously enrolled at a general
96	96	academic teaching institution as required by Subsection (b)(2) or
97	97	to complete the student's degree program before the applicable date
98	98	described by Subsection (c). For purposes of this subsection, a
99	99	hardship or other good cause shown includes a showing of:
100	100	(1) a severe illness or other debilitating condition
101	101	that affects the student's ability to satisfy the requirement of
102	102	Subsection (b)(2) or (c); or
103	103	(2) the student's responsibility for the care of a
104	104	sick, injured, or needy person if the provision of care affects the
105	105	student's ability to satisfy the requirement of Subsection (b)(2)
106	106	or (c).
107	107	(h) This section does not apply to a student who enters a
108	108	general academic teaching institution for the first time before the
109	109	2009 fall semester. This subsection expires January 1, 2015.
110	110	SECTION 2. The Texas Higher Education Coordinating Board
111	111	shall adopt rules for the administration of Section 54.016,
112	112	Education Code, as added by this Act, as soon as practicable after
113	113	this Act takes effect. For that purpose, the coordinating board may
114	114	adopt the initial rules in the manner provided by law for emergency
115	115	rules.
116	116	SECTION 3. This Act takes effect immediately if it receives
117	117	a vote of two-thirds of all the members elected to each house, as
118	118	provided by Section 39, Article III, Texas Constitution. If this
119	119	Act does not receive the vote necessary for immediate effect, this
120	120	Act takes effect September 1, 2009.