81R2400 KSD-D
By: Ellis S.B. No. 104
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on the amount of tuition charged by public
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 54, Education Code, is
amended by adding Section 54.0514 to read as follows:
Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a)
In this section, "tuition" includes:
(1) tuition for which the rates are prescribed by this
chapter; and
(2) tuition charged by an institution of higher
education under Section 54.0513 or another law authorizing an
institution to establish tuition rates.
(b) The total amount of tuition charged by an institution of
higher education to a student for an academic year may not exceed
the total amount of tuition that the institution would have charged
under this chapter to a similarly situated student for the
2008-2009 academic year. For purposes of this subsection, 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. This subsection does not ensure that the total amount
of tuition charged to an individual student does not increase based
on a change in the student's residency status, degree program,
course load, course level, tuition exemption status, or other
circumstance affecting the tuition charged to the student.
SECTION 2. Sections 54.0513(a) and (b), Education Code, are
amended 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,] may
charge any student an amount designated as tuition not to exceed the
amount that enables the institution to comply with Section 54.0514
that the governing board considers necessary for the effective
operation of the institution.
(b) Subject to the limit provided by Subsection (a) on the
amount designated as tuition charged under this section, a [A]
governing board may set a different tuition rate under this section
for each program and course level offered by each institution of
higher education[. A governing board may set a different tuition
rate] as the governing board considers appropriate to increase
graduation rates, encourage efficient use of facilities, [or]
enhance employee performance, or further another legitimate
purpose of the institution.
SECTION 3. Sections 54.0515(e) and (f), Education Code, are
amended to read as follows:
(e) It is the legislature's intent that each institution of
higher education[, as a condition to tuition deregulation under
Section 54.0513,] reasonably implement the following:
(1) each institution shall make satisfactory progress
towards the goals provided in its master plan for higher education
and in "Closing the Gaps," the state's master plan for higher
education; and
(2) each institution shall meet acceptable
performance criteria, including measures such as graduation rates,
retention rates, enrollment growth, educational quality, efforts
to enhance minority participation, opportunities for financial
aid, and affordability.
(f) The committee shall:
(1) meet at the call of either chair;
(2) monitor and regularly report to the legislature on
each institution of higher education's compliance with the
requirements of Subsection (e); and
(3) receive and review information concerning the
affordability and accessibility of higher education[, including
the impact of tuition deregulation].
SECTION 4. This Act applies beginning with tuition charged
by public institutions of higher education for the 2009-2010
academic year. Tuition charged by an institution of higher
education in an academic year before that academic year is covered
by the law in effect before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 5. 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.