Texas 2009 - 81st Regular

Texas House Bill HB4222 Compare Versions

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11 81R14522 KSD-D
22 By: Branch H.B. No. 4222
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to limitations on increases in designated tuition charged
88 by general academic teaching institutions and a biennial report to
99 the legislature regarding the operational costs of those
1010 institutions.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 54.0513, Education Code, is amended by
1313 adding Subsections (g), (g-1), (g-2), (h), (i), (j), and (k) to read
1414 as follows:
1515 (g) Except as provided by Subsection (j), the amount of
1616 tuition the governing board of a general academic teaching
1717 institution charges under this section to a student for an academic
1818 year may not exceed the total amount of tuition that the governing
1919 board would have charged under this section to a similarly situated
2020 student in the preceding academic year by more than the greater of:
2121 (1) 3.95 percent; or
2222 (2) $280.
2323 (g-1) Notwithstanding Subsection (g), for the 2010-2011
2424 academic year, the amount of tuition the governing board of a
2525 general academic teaching institution charges under this section to
2626 a student may not exceed the total amount of tuition that the
2727 governing board would have charged under this section to a
2828 similarly situated student in the 2008-2009 academic year by more
2929 than the greater of:
3030 (1) 3.95 percent; or
3131 (2) $280.
3232 (g-2) Subsection (j) applies to Subsection (g-1) in the same
3333 manner as Subsection (j) applies to Subsection (g). This
3434 subsection and Subsection (g-1) expire September 1, 2011.
3535 (h) For purposes of Subsection (g), students are similarly
3636 situated if they share the same residency status, degree program,
3737 course load, course level, tuition exemption status, and other
3838 circumstances affecting the tuition charged to a student.
3939 (i) Subsection (g) does not ensure that the designated
4040 tuition charged to an individual student will not increase by more
4141 than the limitation prescribed by that subsection based on a change
4242 in the student's residency status, degree program, course load,
4343 course level, tuition exemption status, or other circumstance
4444 affecting the amount of tuition charged to the student.
4545 (j) The Texas Higher Education Coordinating Board shall
4646 adopt rules authorizing a general academic teaching institution to
4747 increase the amount of designated tuition charged to students by
4848 more than the limitation prescribed by Subsection (g) in the event
4949 of an emergency, as defined by the coordinating board for purposes
5050 of this subsection.
5151 (k) In this section, "general academic teaching
5252 institution" has the meaning assigned by Section 61.003.
5353 SECTION 2. Subchapter Z, Chapter 51, Education Code, is
5454 amended by adding Section 51.973 to read as follows:
5555 Sec. 51.973. BIENNIAL REPORT BY LEGISLATIVE BUDGET BOARD
5656 REGARDING UNIVERSITY CORE OPERATIONAL COSTS. Not later than
5757 December 1 of each even-numbered year, the Legislative Budget Board
5858 shall submit to the senate finance committee, the house
5959 appropriations committee, and the standing committee of each house
6060 with primary jurisdiction over higher education, for consideration
6161 by the members of those committees in determining the amount of
6262 general revenue appropriations to general academic teaching
6363 institutions and tuition rates at those institutions, a report that
6464 includes:
6565 (1) each general academic teaching institution's
6666 actual core operational costs for the current state fiscal biennium
6767 according to the institution's most recent annual financial
6868 reports; and
6969 (2) the Legislative Budget Board's estimate of the
7070 core operational costs for the next state fiscal biennium for each
7171 general academic teaching institution, based on a methodology that:
7272 (A) projects for each year of the next biennium:
7373 (i) changes in student enrollment for each
7474 institution; and
7575 (ii) a rate of inflation; and
7676 (B) uses data from each institution's annual
7777 financial report regarding costs for instruction, academic
7878 support, institutional support, operations and maintenance of
7979 physical plants, and student services.
8080 SECTION 3. Section 54.0513, Education Code, as amended by
8181 this Act, applies beginning with tuition charged by a general
8282 academic teaching institution for the 2010-2011 academic year.
8383 Tuition charged by a general academic teaching institution in an
8484 academic year before that academic year is covered by the law in
8585 effect before the effective date of this Act, and the former law is
8686 continued in effect for that purpose.
8787 SECTION 4. The Texas Higher Education Coordinating Board
8888 shall adopt the rules required by Section 54.0513(j), Education
8989 Code, as added by this Act, as soon as practicable after this Act
9090 takes effect.
9191 SECTION 5. This Act takes effect immediately if it receives
9292 a vote of two-thirds of all the members elected to each house, as
9393 provided by Section 39, Article III, Texas Constitution. If this
9494 Act does not receive the vote necessary for immediate effect, this
9595 Act takes effect September 1, 2009.