81R820 CAS-D
By: Dutton H.B. No. 898
A BILL TO BE ENTITLED
AN ACT
relating to limiting the tuition rates that certain public
institutions of higher education may charge to resident students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.0513, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (b-1) and
(b-2) to read as follows:
(a) In addition to amounts that a governing board of an
institution of higher education is authorized to charge as tuition
under the other provisions of this chapter, the governing board,
under the terms the governing board considers appropriate and
subject to Subsection (b), may charge any student an amount
designated as tuition that the governing board considers necessary
for the effective operation of the institution.
(b) A governing board may set a different tuition rate for
each program and course level offered by each institution of higher
education, except that for a program or course level for an academic
year a governing board may not set a resident tuition rate under
this section that, when combined with any other amount of tuition
the governing board charges under the other provisions of this
chapter, exceeds the rate determined by the Texas Higher Education
Coordinating Board to be the national average tuition rate for that
type of program or course level that public senior colleges and
universities of states other than this state charge to similarly
situated students who pay resident tuition. In determining a
national average tuition rate for a program or course level under
this subsection, the coordinating board shall use the resident
tuition rates in effect at appropriate institutions of other states
for the academic year in progress when the board makes the
determination and may use resident tuition rates from not fewer
than five states to the extent that the board determines that those
rates would fairly represent the national average tuition rate for
the program or course level. The coordinating board shall
determine the national average tuition rates to be used by
governing boards to set resident tuition rates for an academic year
and shall report those national rates to each appropriate
institution in this state not later than January 1 of the calendar
year in which that academic year begins, or as soon after that
January 1 as practicable. The coordinating board may adopt rules as
necessary to administer this subsection.
(b-1) For purposes of Subsection (b), 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.
(b-2) Except as provided by Subsection (b), a [A] governing
board may set a different tuition rate under this section as the
governing board considers appropriate to increase graduation
rates, encourage efficient use of facilities, or enhance employee
performance.
SECTION 2. The changes in law made by this Act apply
beginning with tuition charged by a public institution of higher
education for the 2010-2011 academic year. Tuition charged by a
public institution of higher education for an academic year before
that academic year is covered by the law in effect immediately
before the effective date of this Act, and the former law is
continued in effect for that purpose.
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.