81R550 CAS-D
By: Aycock H.B. No. 335
A BILL TO BE ENTITLED
AN ACT
relating to stabilizing the amount of tuition charged to certain
residents of this state by general academic teaching institutions.
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. TUITION STABILIZATION. (a) In this section:
(1) "Consumer price index" means the consumer price
index for all urban consumers, for all items and all regions of the
United States, as published by the United States Department of
Labor, Bureau of Labor Statistics, or a successor national index of
the change in consumer prices.
(2) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(3) "General academic teaching institution" has the
meaning assigned by Section 61.003.
(b) This section applies only to a student who:
(1) enrolls at a general academic teaching
institution as a first-time freshman;
(2) after satisfying the requirement of Subdivision
(1), remains continuously enrolled at a general academic teaching
institution until graduation, except as provided under rules
adopted under Subsection (g); and
(3) at all times while the student is enrolled at a
general academic teaching institution, is a resident of this state
for purposes of Subchapter B or is otherwise entitled to pay tuition
and fees at the rate provided for residents of this state.
(c) Except as provided under rules adopted under Subsection
(g), this section applies only to the amount of tuition charged
under this chapter to a student as follows:
(1) for a student enrolled in a four-year degree
program, on or before the fourth anniversary of the date the student
first enrolls in a general academic teaching institution; or
(2) for a student enrolled in a degree program of any
other length, not later than the end of the standard completion
period for that program, as established by the general academic
teaching institution awarding the degree.
(d) Notwithstanding any other provision of this chapter but
subject to the applicability provisions of this section, a general
academic teaching institution may not charge to a student for any
course in which the student enrolls after the student's freshman
year tuition at a rate that exceeds the rate in effect for that
course during the student's freshman year or, for a course that was
not offered during the student's freshman year, at a rate that
exceeds the rate in effect for an equivalent course during the
student's freshman year, except that the institution may adjust
that rate for each academic year after the student's freshman year
to reflect any average annual percentage increase, expressed in
decimal form rounded to the nearest thousandth, in the consumer
price index during the most recent 48-month period preceding that
academic year for which the information is available when the
tuition rates are set.
(e) Notwithstanding any other provision of this chapter but
subject to the applicability provisions of this section, if a
student transfers from one general academic teaching institution to
another, the institution to which the student transfers may not
charge to the student for any course in which the student enrolls
after the student's freshman year tuition at a rate that exceeds the
rate in effect for that course at the receiving institution during
the student's freshman year or, for a course that was not offered at
the receiving institution during the student's freshman year, at a
rate that exceeds the rate in effect for an equivalent course at the
receiving institution during the student's freshman year, except
that the institution may adjust that rate for each academic year
after the student's freshman year to reflect any average annual
percentage increase, expressed in decimal form rounded to the
nearest thousandth, in the consumer price index during the most
recent 48-month period preceding that academic year for which the
information is available when the tuition rates are set.
(f) In consultation with general academic teaching
institutions, the coordinating board shall adopt any rules
necessary to administer this section, including:
(1) rules relating to the equivalency of courses
offered during a student's freshman year and courses in which the
student enrolls after the student's freshman year;
(2) rules consistent with Subsection (e) that:
(A) provide for determining tuition rates for
students who transfer among general academic teaching
institutions; and
(B) prescribe the types of documentation a
transfer student must submit to establish eligibility under that
subsection; and
(3) rules as described by Subsection (g) allowing
students to suspend their enrollment or giving students additional
time to complete their degree programs.
(g) The coordinating board shall adopt rules to allow a
student to pay tuition rates as provided by Subsection (d) or (e),
as applicable, if the student satisfies the other requirements of
this section but, solely as a result of a hardship or other good
cause shown, is unable to remain continuously enrolled at a general
academic teaching institution as required by Subsection (b)(2) or
to complete the student's degree program before the applicable date
described by Subsection (c). For purposes of this subsection, a
hardship or other good cause shown includes a showing of:
(1) a severe illness or other debilitating condition
that affects the student's ability to satisfy the requirement of
Subsection (b)(2) or (c); or
(2) the student's responsibility for the care of a
sick, injured, or needy person if the provision of care affects the
student's ability to satisfy the requirement of Subsection (b)(2)
or (c).
(h) This section does not apply to a student who enters a
general academic teaching institution for the first time before the
2009 fall semester. This subsection expires January 1, 2015.
SECTION 2. The Texas Higher Education Coordinating Board
shall adopt rules for the administration of Section 54.016,
Education Code, as added by this Act, as soon as practicable after
this Act takes effect. For that purpose, the coordinating board may
adopt the initial rules in the manner provided by law for emergency
rules.
SECTION 3. 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.