81R11470 KSD-D
By: Davis, Wendy S.B. No. 1346
A BILL TO BE ENTITLED
AN ACT
relating to limitations on increases in the total 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. LIMITATIONS ON INCREASE IN 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) An institution of higher education may not:
(1) charge a student a total amount of tuition that
exceeds by more than five percent the total amount of tuition that
the institution would have charged to a similarly situated student
in the preceding academic year; or
(2) charge an undergraduate student tuition for a
semester or other academic term at a rate that exceeds the rate the
institution charged the student during the first semester or other
academic term in which the student was enrolled at the institution
if the student is currently, and at all times while enrolled at the
institution has been, a resident of this state for purposes of this
subchapter or was otherwise entitled to pay tuition at the rate
provided for residents of this state.
(c) Subsection (b)(2) does not apply to a student after:
(1) the second anniversary of the date the student
initially enrolled in the institution if the student is enrolled in
a two-year degree program;
(2) the fourth anniversary of the date the student
initially enrolled in the institution if the student is enrolled in
a four-year degree program; or
(3) the fifth anniversary of the date the student
initially enrolled in the institution if the student is enrolled in
a degree program of more than four years.
(d) For purposes of this section, 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.
(e) This section does not ensure that the total amount of
tuition charged to an individual student does not increase by more
than the amount prescribed by Subsection (b) 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.
(f) The Texas Higher Education Coordinating Board may adopt
rules as necessary to administer this section.
SECTION 2. This Act applies beginning with tuition charged
by public institutions of higher education for the 2010-2011
academic year.
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.