82R5633 KEL-D By: Branch H.B. No. 3631 A BILL TO BE ENTITLED AN ACT relating to the imposition of certain conditions and limitations on the receipt of tuition and fee exemptions at public institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 54, Education Code, is amended by adding Sections 54.2001 and 54.2005 to read as follows: Sec. 54.2001. CONTINUED RECEIPT OF CERTAIN EXEMPTIONS CONDITIONAL. (a) Notwithstanding any other law but subject to Subsection (c), after initially qualifying under this subchapter for a mandatory exemption from the payment of tuition or other fees for enrollment at an institution of higher education, a person may continue to receive the exemption only if the person makes satisfactory academic progress toward a degree or a certificate as determined by the institution in accordance with the institution's policy regarding eligibility for financial aid. (b) If a person fails to make satisfactory academic progress as described by Subsection (a), the person may not receive the applicable exemption in a subsequent semester or term until the person reestablishes eligibility for the exemption as described by that subsection. (c) If a requirement imposed by this section for the continued receipt of a specific mandatory exemption conflicts with another requirement imposed by statute for that exemption, the stricter requirement prevails. (d) This section does not apply to an exemption provided to a high school student for enrollment in a dual credit course or other course for which the student may earn joint high school and college credit. Sec. 54.2005. EXEMPTIONS NOT APPLICABLE TO PORTIONS OF TUITION CHARGED FOR EXCESS HOURS. (a) If a resident doctoral student or resident undergraduate student is eligible for a mandatory or discretionary exemption from the payment of tuition or other fees under this subchapter and is otherwise required by the institution of higher education the student attends to pay tuition for the same semester or term at a rate in excess of the resident tuition rate as provided by Section 54.012 or 54.014, as applicable, the exemption does not apply to the amount of tuition charged to the student in excess of resident tuition. (b) If a limitation imposed by this section on the application or use of a specific exemption conflicts with another limitation imposed by statute for that exemption, the stricter limitation prevails. SECTION 2. The change in law made by this Act applies to the payment of tuition or other fees beginning with tuition and fees charged for the 2012 spring semester. 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, 2011.