| 1 | 1 | | 81R11470 KSD-D |
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| 2 | 2 | | By: Davis, Wendy S.B. No. 1346 |
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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 the total amount of tuition |
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| 8 | 8 | | charged by public institutions of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 54, Education Code, is |
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| 11 | 11 | | amended by adding Section 54.0514 to read as follows: |
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| 12 | 12 | | Sec. 54.0514. LIMITATIONS ON INCREASE IN TOTAL AMOUNT OF |
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| 13 | 13 | | TUITION. (a) In this section, "tuition" includes: |
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| 14 | 14 | | (1) tuition for which the rates are prescribed by this |
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| 15 | 15 | | chapter; and |
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| 16 | 16 | | (2) tuition charged by an institution of higher |
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| 17 | 17 | | education under Section 54.0513 or another law authorizing an |
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| 18 | 18 | | institution to establish tuition rates. |
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| 19 | 19 | | (b) An institution of higher education may not: |
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| 20 | 20 | | (1) charge a student a total amount of tuition that |
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| 21 | 21 | | exceeds by more than five percent the total amount of tuition that |
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| 22 | 22 | | the institution would have charged to a similarly situated student |
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| 23 | 23 | | in the preceding academic year; or |
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| 24 | 24 | | (2) charge an undergraduate student tuition for a |
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| 25 | 25 | | semester or other academic term at a rate that exceeds the rate the |
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| 26 | 26 | | institution charged the student during the first semester or other |
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| 27 | 27 | | academic term in which the student was enrolled at the institution |
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| 28 | 28 | | if the student is currently, and at all times while enrolled at the |
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| 29 | 29 | | institution has been, a resident of this state for purposes of this |
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| 30 | 30 | | subchapter or was otherwise entitled to pay tuition at the rate |
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| 31 | 31 | | provided for residents of this state. |
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| 32 | 32 | | (c) Subsection (b)(2) does not apply to a student after: |
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| 33 | 33 | | (1) the second anniversary of the date the student |
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| 34 | 34 | | initially enrolled in the institution if the student is enrolled in |
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| 35 | 35 | | a two-year degree program; |
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| 36 | 36 | | (2) the fourth anniversary of the date the student |
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| 37 | 37 | | initially enrolled in the institution if the student is enrolled in |
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| 38 | 38 | | a four-year degree program; or |
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| 39 | 39 | | (3) the fifth anniversary of the date the student |
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| 40 | 40 | | initially enrolled in the institution if the student is enrolled in |
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| 41 | 41 | | a degree program of more than four years. |
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| 42 | 42 | | (d) For purposes of this section, students are similarly |
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| 43 | 43 | | situated if they share the same residency status, degree program, |
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| 44 | 44 | | course load, course level, tuition exemption status, and other |
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| 45 | 45 | | circumstances affecting the tuition charged to the student. |
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| 46 | 46 | | (e) This section does not ensure that the total amount of |
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| 47 | 47 | | tuition charged to an individual student does not increase by more |
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| 48 | 48 | | than the amount prescribed by Subsection (b) based on a change in |
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| 49 | 49 | | the student's residency status, degree program, course load, course |
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| 50 | 50 | | level, tuition exemption status, or other circumstance affecting |
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| 51 | 51 | | the tuition charged to the student. |
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| 52 | 52 | | (f) The Texas Higher Education Coordinating Board may adopt |
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| 53 | 53 | | rules as necessary to administer this section. |
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| 54 | 54 | | SECTION 2. This Act applies beginning with tuition charged |
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| 55 | 55 | | by public institutions of higher education for the 2010-2011 |
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| 56 | 56 | | academic year. |
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| 57 | 57 | | SECTION 3. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2009. |
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