Texas 2013 - 83rd Regular

Texas Senate Bill SB1210 Compare Versions

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1	1	83R27439 KEL-D
2	2	By: Zaffirini, et al. S.B. No. 1210
3	3	(Branch)
4	4	Substitute the following for S.B. No. 1210: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to conditions on the receipt of tuition and fee exemptions
10	10	and waivers at public institutions of higher education.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 54, Education Code, is
13	13	amended by adding Sections 54.2001 and 54.2002 to read as follows:
14	14	Sec. 54.2001. CONTINUED RECEIPT OF EXEMPTIONS OR WAIVERS
15	15	CONDITIONAL. (a) Notwithstanding any other law but subject to
16	16	Subsection (f), after initially qualifying under this subchapter
17	17	for a mandatory or discretionary exemption or waiver from the
18	18	payment of all or part of the tuition or other fees for enrollment
19	19	during a semester or term at an institution of higher education, a
20	20	person may continue to receive the exemption or waiver for a
21	21	subsequent semester or term only if the person:
22	22	(1) as a graduate or undergraduate student, maintains
23	23	a grade point average that satisfies the institution's grade point
24	24	average requirement for making satisfactory academic progress
25	25	toward a degree or certificate in accordance with the institution's
26	26	policy regarding eligibility for financial aid; and
27	27	(2) as an undergraduate student, has not completed as
28	28	of the beginning of the semester or term a number of semester credit
29	29	hours that is considered to be excessive under Section 54.014,
30	30	unless permitted to complete those hours by the institution on a
31	31	showing of good cause.
32	32	(b) In determining whether a person has completed a number
33	33	of semester credit hours that is considered to be excessive for
34	34	purposes of Subsection (a)(2), semester credit hours completed
35	35	include transfer credit hours that count toward the person's
36	36	undergraduate degree or certificate program course requirements
37	37	but exclude:
38	38	(1) hours earned exclusively by examination;
39	39	(2) hours earned for a course for which the person
40	40	received credit toward the person's high school academic
41	41	requirements; and
42	42	(3) hours earned for developmental coursework that an
43	43	institution of higher education required the person to take under
44	44	Section 51.3062 or under the former provisions of Section 51.306.
45	45	(c) If on the completion of any semester or term a person
46	46	fails to meet any requirement of Subsection (a), for the next
47	47	semester or term in which the person enrolls the person may not
48	48	receive the exemption or waiver described by Subsection (a). A
49	49	person may become eligible to receive an exemption or waiver in a
50	50	subsequent semester or term if the person:
51	51	(1) completes a semester or term during which the
52	52	person is not eligible for an exemption or waiver; and
53	53	(2) meets each requirement of Subsection (a), as
54	54	applicable.
55	55	(d) Each institution of higher education shall adopt a
56	56	policy to allow a student who fails to maintain a grade point
57	57	average as required by Subsection (a)(1) to receive an exemption or
58	58	waiver in any semester or term on a showing of hardship or other
59	59	good cause, including:
60	60	(1) a showing of a severe illness or other
61	61	debilitating condition that could affect the student's academic
62	62	performance;
63	63	(2) an indication that the student is responsible for
64	64	the care of a sick, injured, or needy person and that the student's
65	65	provision of care could affect the student's academic performance;
66	66	(3) the student's active duty or other service in the
67	67	United States armed forces or the student's active duty in the Texas
68	68	National Guard; or
69	69	(4) any other cause considered acceptable by the
70	70	institution.
71	71	(e) An institution of higher education shall maintain
72	72	documentation of each exception granted to a student under
73	73	Subsection (d).
74	74	(f) If a requirement imposed by this section for the
75	75	continued receipt of a specific exemption or waiver conflicts with
76	76	another requirement imposed by statute for that exemption or
77	77	waiver, the stricter requirement prevails.
78	78	(g) This section does not apply to:
79	79	(1) the waiver provided by Section 54.216 or any other
80	80	reduction in tuition provided to a high school student for
81	81	enrollment in a dual credit course or other course for which the
82	82	student may earn joint high school and college credit;
83	83	(2) the exemption provided by Section
84	84	54.341(a-2)(1)(A), (B), (C), or (D) or (b)(1)(A), (B), (C), or (D);
85	85	(3) the exemption provided by Section 54.342 or
86	86	54.366; or
87	87	(4) any provision of this code that authorizes or
88	88	requires the payment of tuition or fees at the rates provided for
89	89	residents of this state by a person who is not a resident of this
90	90	state for purposes of Subchapter B.
91	91	Sec. 54.2002. EXEMPTIONS AND WAIVERS FOR STATE-FUNDED
92	92	COURSES ONLY. Notwithstanding any other law, a mandatory or
93	93	discretionary exemption or waiver from the payment of tuition or
94	94	other fees under this subchapter or another provision of this code
95	95	applies only to courses for which an institution of higher
96	96	education receives formula funding.
97	97	SECTION 2. The change in law made by this Act applies to a
98	98	person's eligibility for an exemption or waiver from the payment of
99	99	all or part of tuition or other fees beginning with tuition and fees
100	100	charged for the 2014 fall semester.
101	101	SECTION 3. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2013.