Texas 2009 - 81st Regular

Texas Senate Bill SB105 Compare Versions

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

Old	New	Differences
1	1	81R1159 CAS-D
2	2	By: Hinojosa, et al. S.B. No. 105
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limitations on increases in fees and designated tuition
8	8	charged by public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter E, Chapter 54, Education Code, is
11	11	amended by adding Section 54.5001 to read as follows:
12	12	Sec. 54.5001. STUDENT APPROVAL REQUIRED FOR FEE INCREASE.
13	13	Unless the law authorizing the imposition of a fee expressly
14	14	provides that this section does not apply to the fee or that the fee
15	15	may be increased without student approval at a student election,
16	16	the governing board of an institution of higher education may not
17	17	increase the amount of a fee charged under this subchapter unless
18	18	the amount of the increase is approved by a majority vote of the
19	19	students of the institution voting in a general student election
20	20	called for that purpose.
21	21	SECTION 2. Section 54.0513, Education Code, is amended by
22	22	adding Subsections (g), (h), (i), (j), and (k) to read as follows:
23	23	(g) The amount of tuition the governing board of an
24	24	institution of higher education charges under this section to a
25	25	student for an academic year may not exceed the total amount of
26	26	tuition that the governing board would have charged under this
27	27	section to a similarly situated student in the preceding academic
28	28	year, as that amount is adjusted for each academic year for
29	29	inflation as determined under Subsection (h). The governing board
30	30	may not increase the amount of tuition charged under this section to
31	31	a student more than once in any academic year. For purposes of this
32	32	subsection, students are similarly situated if they share the same
33	33	residency status, degree program, course load, course level,
34	34	tuition exemption status, and other circumstances affecting the
35	35	tuition charged to the student.
36	36	(h) Not later than March 1 of each year, the Texas Higher
37	37	Education Coordinating Board by rule shall determine the inflation
38	38	rate to be used for purposes of Subsection (g) for the next academic
39	39	year and shall certify that rate to the governing board of each
40	40	institution of higher education. For purposes of Subsection (g),
41	41	the inflation rate is the percentage increase, if any, as expressed
42	42	in decimal form rounded to the nearest thousandth, in the consumer
43	43	price index, as defined by Section 341.201, Finance Code, for the
44	44	preceding calendar year as compared to the consumer price index for
45	45	the year preceding that year.
46	46	(i) The coordinating board may adopt rules as necessary to
47	47	administer this section.
48	48	(j) Notwithstanding Subsection (g), for the 2009-2010
49	49	academic year and the 2010-2011 academic year, the amount of
50	50	tuition charged to a student under this section may not exceed the
51	51	total amount of tuition that the institution would have charged
52	52	under this section to a similarly situated student in the 2008-2009
53	53	academic year. For purposes of this subsection, students are
54	54	similarly situated if they share the same residency status, degree
55	55	program, course load, course level, tuition exemption status, and
56	56	other circumstances affecting the tuition charged to the student.
57	57	This subsection expires September 1, 2011.
58	58	(k) If a student has paid an amount of tuition charged under
59	59	this section for the 2009 fall semester in excess of the maximum
60	60	amount permitted by this section, the institution, not later than
61	61	January 1, 2010, shall refund to the student the excess amount of
62	62	tuition paid. This subsection expires September 1, 2010.
63	63	SECTION 3. (a) Section 54.5001, Education Code, as added by
64	64	this Act, applies beginning with fee increases for the 2009 fall
65	65	semester.
66	66	(b) Section 54.0513, Education Code, as amended by this Act,
67	67	applies beginning with tuition charged by public institutions of
68	68	higher education for the 2009-2010 academic year. Tuition charged
69	69	by an institution of higher education in an academic year before
70	70	that academic year is covered by the law in effect before the
71	71	effective date of this Act, and the former law is continued in
72	72	effect for that purpose.
73	73	(c) The Texas Higher Education Coordinating Board may adopt
74	74	temporary rules under Section 54.0513(i), Education Code, as added
75	75	by this Act, for the 2009-2010 academic year in the manner provided
76	76	by law for the adoption of emergency rules.
77	77	SECTION 4. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2009.