1 | 1 | | 81R14522 KSD-D |
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2 | 2 | | By: Branch H.B. No. 4222 |
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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 limitations on increases in designated tuition charged |
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8 | 8 | | by general academic teaching institutions and a biennial report to |
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9 | 9 | | the legislature regarding the operational costs of those |
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10 | 10 | | institutions. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 54.0513, Education Code, is amended by |
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13 | 13 | | adding Subsections (g), (g-1), (g-2), (h), (i), (j), and (k) to read |
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14 | 14 | | as follows: |
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15 | 15 | | (g) Except as provided by Subsection (j), the amount of |
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16 | 16 | | tuition the governing board of a general academic teaching |
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17 | 17 | | institution charges under this section to a student for an academic |
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18 | 18 | | year may not exceed the total amount of tuition that the governing |
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19 | 19 | | board would have charged under this section to a similarly situated |
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20 | 20 | | student in the preceding academic year by more than the greater of: |
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21 | 21 | | (1) 3.95 percent; or |
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22 | 22 | | (2) $280. |
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23 | 23 | | (g-1) Notwithstanding Subsection (g), for the 2010-2011 |
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24 | 24 | | academic year, the amount of tuition the governing board of a |
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25 | 25 | | general academic teaching institution charges under this section to |
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26 | 26 | | a student may not exceed the total amount of tuition that the |
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27 | 27 | | governing board would have charged under this section to a |
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28 | 28 | | similarly situated student in the 2008-2009 academic year by more |
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29 | 29 | | than the greater of: |
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30 | 30 | | (1) 3.95 percent; or |
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31 | 31 | | (2) $280. |
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32 | 32 | | (g-2) Subsection (j) applies to Subsection (g-1) in the same |
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33 | 33 | | manner as Subsection (j) applies to Subsection (g). This |
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34 | 34 | | subsection and Subsection (g-1) expire September 1, 2011. |
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35 | 35 | | (h) For purposes of Subsection (g), students are similarly |
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36 | 36 | | situated if they share the same residency status, degree program, |
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37 | 37 | | course load, course level, tuition exemption status, and other |
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38 | 38 | | circumstances affecting the tuition charged to a student. |
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39 | 39 | | (i) Subsection (g) does not ensure that the designated |
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40 | 40 | | tuition charged to an individual student will not increase by more |
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41 | 41 | | than the limitation prescribed by that subsection based on a change |
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42 | 42 | | in the student's residency status, degree program, course load, |
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43 | 43 | | course level, tuition exemption status, or other circumstance |
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44 | 44 | | affecting the amount of tuition charged to the student. |
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45 | 45 | | (j) The Texas Higher Education Coordinating Board shall |
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46 | 46 | | adopt rules authorizing a general academic teaching institution to |
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47 | 47 | | increase the amount of designated tuition charged to students by |
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48 | 48 | | more than the limitation prescribed by Subsection (g) in the event |
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49 | 49 | | of an emergency, as defined by the coordinating board for purposes |
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50 | 50 | | of this subsection. |
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51 | 51 | | (k) In this section, "general academic teaching |
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52 | 52 | | institution" has the meaning assigned by Section 61.003. |
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53 | 53 | | SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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54 | 54 | | amended by adding Section 51.973 to read as follows: |
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55 | 55 | | Sec. 51.973. BIENNIAL REPORT BY LEGISLATIVE BUDGET BOARD |
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56 | 56 | | REGARDING UNIVERSITY CORE OPERATIONAL COSTS. Not later than |
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57 | 57 | | December 1 of each even-numbered year, the Legislative Budget Board |
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58 | 58 | | shall submit to the senate finance committee, the house |
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59 | 59 | | appropriations committee, and the standing committee of each house |
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60 | 60 | | with primary jurisdiction over higher education, for consideration |
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61 | 61 | | by the members of those committees in determining the amount of |
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62 | 62 | | general revenue appropriations to general academic teaching |
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63 | 63 | | institutions and tuition rates at those institutions, a report that |
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64 | 64 | | includes: |
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65 | 65 | | (1) each general academic teaching institution's |
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66 | 66 | | actual core operational costs for the current state fiscal biennium |
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67 | 67 | | according to the institution's most recent annual financial |
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68 | 68 | | reports; and |
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69 | 69 | | (2) the Legislative Budget Board's estimate of the |
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70 | 70 | | core operational costs for the next state fiscal biennium for each |
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71 | 71 | | general academic teaching institution, based on a methodology that: |
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72 | 72 | | (A) projects for each year of the next biennium: |
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73 | 73 | | (i) changes in student enrollment for each |
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74 | 74 | | institution; and |
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75 | 75 | | (ii) a rate of inflation; and |
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76 | 76 | | (B) uses data from each institution's annual |
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77 | 77 | | financial report regarding costs for instruction, academic |
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78 | 78 | | support, institutional support, operations and maintenance of |
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79 | 79 | | physical plants, and student services. |
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80 | 80 | | SECTION 3. Section 54.0513, Education Code, as amended by |
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81 | 81 | | this Act, applies beginning with tuition charged by a general |
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82 | 82 | | academic teaching institution for the 2010-2011 academic year. |
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83 | 83 | | Tuition charged by a general academic teaching institution in an |
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84 | 84 | | academic year before that academic year is covered by the law in |
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85 | 85 | | effect before the effective date of this Act, and the former law is |
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86 | 86 | | continued in effect for that purpose. |
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87 | 87 | | SECTION 4. The Texas Higher Education Coordinating Board |
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88 | 88 | | shall adopt the rules required by Section 54.0513(j), Education |
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89 | 89 | | Code, as added by this Act, as soon as practicable after this Act |
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90 | 90 | | takes effect. |
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91 | 91 | | SECTION 5. This Act takes effect immediately if it receives |
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92 | 92 | | a vote of two-thirds of all the members elected to each house, as |
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93 | 93 | | provided by Section 39, Article III, Texas Constitution. If this |
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94 | 94 | | Act does not receive the vote necessary for immediate effect, this |
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95 | 95 | | Act takes effect September 1, 2009. |
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