By: Zaffirini S.B. No. 1210
(In the Senate - Filed March 6, 2013; March 12, 2013, read
first time and referred to Committee on Higher Education;
March 25, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; March 25, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1210 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to conditions on the receipt of tuition and fee exemptions
and waivers 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 OR WAIVERS
CONDITIONAL. (a) Notwithstanding any other law but subject to
Subsection (f), after initially qualifying under this subchapter
for a mandatory or discretionary exemption or waiver from the
payment of all or part of the 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 or waiver for a
subsequent semester or term only if the person:
(1) as a graduate or undergraduate student, maintains
a grade point average that satisfies the institution's grade point
average requirement for making satisfactory academic progress
toward a degree or certificate in accordance with the institution's
policy regarding eligibility for financial aid; and
(2) as an undergraduate student, has not completed as
of the beginning of the semester or term a number of semester credit
hours that is considered to be excessive under Section 54.014,
unless permitted to complete those hours by the institution on a
showing of good cause.
(b) In determining whether a person has completed a number
of semester credit hours that is considered to be excessive for
purposes of Subsection (a)(2), semester credit hours completed
include transfer credit hours that count toward the person's
undergraduate degree or certificate program course requirements
but exclude:
(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), for the next
semester or term in which the person enrolls the person may not
receive the exemption or waiver described by Subsection (a). A
person may become eligible to receive an exemption or waiver 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 or waiver; and
(2) meets each requirement of Subsection (a), as
applicable.
(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 or
waiver 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 or waiver conflicts with
another requirement imposed by statute for that exemption or
waiver, the stricter requirement prevails.
(g) This section does not apply to:
(1) the waiver provided by Section 54.216 or to any
other reduction in tuition 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 a
person's eligibility for an exemption or waiver from the payment of
all or part of tuition or other fees beginning with tuition and fees
charged for the 2014 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, 2013.
* * * * *