By: Zaffirini S.B. No. 1724
(In the Senate - Filed March 11, 2011; March 23, 2011, read
first time and referred to Committee on Higher Education;
May 6, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; May 6, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1724 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to conditions 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 Section 54.2001 to read as follows:
Sec. 54.2001. CONTINUED RECEIPT OF EXEMPTIONS CONDITIONAL.
(a) Notwithstanding any other law but subject to Subsection (f),
after initially qualifying under this subchapter for a mandatory or
discretionary exemption from the payment of tuition or other fees
for enrollment during a semester or term at an institution of higher
education, a person may continue to receive the exemption for a
subsequent semester or term only if the person:
(1) maintains a grade point average that satisfies the
institution's grade point average requirement for making
satisfactory academic progress toward a degree or a certificate in
accordance with the institution's policy regarding eligibility for
financial aid; and
(2) as of the beginning of the semester or term, has
not completed more than 30 semester credit hours, or a greater
number of hours as permitted by the institution on a showing of good
cause, in excess of the minimum number of semester credit hours
required to complete the person's degree or certificate program.
(b) For purposes of Subsection (a)(2), the computation of a
person's total number of completed semester credit hours includes
transfer credit hours that count toward the person's degree or
certificate program course requirements, but excludes:
(1) hours earned exclusively by examination;
(2) hours earned for a course for which the person
received credit toward the person's high school academic
requirements; and
(3) hours earned for developmental coursework that an
institution of higher education required the person to take under
Section 51.3062 or under the former provisions of Section 51.306.
(c) If on the completion of any semester or term a person
fails to meet any requirement of Subsection (a), the person may not
receive an exemption from the payment of tuition or other fees
described by Subsection (a) for the next semester or term in which
the person enrolls. A person may become eligible to receive an
exemption in a subsequent semester or term if the person:
(1) completes a semester or term during which the
person is not eligible for an exemption; and
(2) meets each requirement of Subsection (a).
(d) Each institution of higher education shall adopt a
policy to allow a student who fails to maintain a grade point
average as required by Subsection (a)(1) to receive an exemption in
any semester or term on a showing of hardship or other good cause,
including:
(1) a showing of a severe illness or other
debilitating condition that could affect the student's academic
performance;
(2) an indication that the student is responsible for
the care of a sick, injured, or needy person and that the student's
provision of care could affect the student's academic performance;
(3) the student's active duty or other service in the
United States armed forces; or
(4) any other cause considered acceptable by the
institution.
(e) An institution of higher education shall maintain
documentation of each exception granted to a student under
Subsection (d).
(f) If a requirement imposed by this section for the
continued receipt of a specific exemption conflicts with another
requirement imposed by statute for that exemption, the stricter
requirement prevails.
(g) This section does not apply to:
(1) the exemption provided by Section 54.216 or to any
other 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; or
(2) any provision of this code that authorizes or
requires the payment of tuition or fees at the rates provided for
residents of this state by a person who is not a resident of this
state for purposes of Subchapter B.
SECTION 2. The change in law made by this Act applies to
eligibility for an exemption from the payment of tuition or other
fees beginning with tuition and fees charged for the 2012 fall
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.
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