Texas 2009 - 81st Regular

Texas Senate Bill SB104 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2400 KSD-D
2	2	By: Ellis S.B. No. 104
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a limitation on the amount of tuition charged by public
8	8	institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 54, Education Code, is
11	11	amended by adding Section 54.0514 to read as follows:
12	12	Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a)
13	13	In this section, "tuition" includes:
14	14	(1) tuition for which the rates are prescribed by this
15	15	chapter; and
16	16	(2) tuition charged by an institution of higher
17	17	education under Section 54.0513 or another law authorizing an
18	18	institution to establish tuition rates.
19	19	(b) The total amount of tuition charged by an institution of
20	20	higher education to a student for an academic year may not exceed
21	21	the total amount of tuition that the institution would have charged
22	22	under this chapter to a similarly situated student for the
23	23	2008-2009 academic year. For purposes of this subsection, students
24	24	are similarly situated if they share the same residency status,
25	25	degree program, course load, course level, tuition exemption
26	26	status, and other circumstances affecting the tuition charged to
27	27	the student. This subsection does not ensure that the total amount
28	28	of tuition charged to an individual student does not increase based
29	29	on a change in the student's residency status, degree program,
30	30	course load, course level, tuition exemption status, or other
31	31	circumstance affecting the tuition charged to the student.
32	32	SECTION 2. Sections 54.0513(a) and (b), Education Code, are
33	33	amended to read as follows:
34	34	(a) In addition to amounts that a governing board of an
35	35	institution of higher education is authorized to charge as tuition
36	36	under the other provisions of this chapter, the governing board[,
37	37	under the terms the governing board considers appropriate,] may
38	38	charge any student an amount designated as tuition not to exceed the
39	39	amount that enables the institution to comply with Section 54.0514
40	40	that the governing board considers necessary for the effective
41	41	operation of the institution.
42	42	(b) Subject to the limit provided by Subsection (a) on the
43	43	amount designated as tuition charged under this section, a [A]
44	44	governing board may set a different tuition rate under this section
45	45	for each program and course level offered by each institution of
46	46	higher education[. A governing board may set a different tuition
47	47	rate] as the governing board considers appropriate to increase
48	48	graduation rates, encourage efficient use of facilities, [or]
49	49	enhance employee performance, or further another legitimate
50	50	purpose of the institution.
51	51	SECTION 3. Sections 54.0515(e) and (f), Education Code, are
52	52	amended to read as follows:
53	53	(e) It is the legislature's intent that each institution of
54	54	higher education[, as a condition to tuition deregulation under
55	55	Section 54.0513,] reasonably implement the following:
56	56	(1) each institution shall make satisfactory progress
57	57	towards the goals provided in its master plan for higher education
58	58	and in "Closing the Gaps," the state's master plan for higher
59	59	education; and
60	60	(2) each institution shall meet acceptable
61	61	performance criteria, including measures such as graduation rates,
62	62	retention rates, enrollment growth, educational quality, efforts
63	63	to enhance minority participation, opportunities for financial
64	64	aid, and affordability.
65	65	(f) The committee shall:
66	66	(1) meet at the call of either chair;
67	67	(2) monitor and regularly report to the legislature on
68	68	each institution of higher education's compliance with the
69	69	requirements of Subsection (e); and
70	70	(3) receive and review information concerning the
71	71	affordability and accessibility of higher education[, including
72	72	the impact of tuition deregulation].
73	73	SECTION 4. This Act applies beginning with tuition charged
74	74	by public institutions of higher education for the 2009-2010
75	75	academic year. Tuition charged by an institution of higher
76	76	education in an academic year before that academic year is covered
77	77	by the law in effect before the effective date of this Act, and the
78	78	former law is continued in effect for that purpose.
79	79	SECTION 5. This Act takes effect immediately if it receives
80	80	a vote of two-thirds of all the members elected to each house, as
81	81	provided by Section 39, Article III, Texas Constitution. If this
82	82	Act does not receive the vote necessary for immediate effect, this
83	83	Act takes effect September 1, 2009.