| 1 | 1 | | 84R697 KSD-F |
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| 2 | 2 | | By: Giddings H.B. No. 827 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a limitation on the amount of tuition charged by public |
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| 8 | 8 | | institutions of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 54, Education Code, is |
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| 11 | 11 | | amended by adding Section 54.0514 to read as follows: |
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| 12 | 12 | | Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a) |
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| 13 | 13 | | In this section, "tuition" includes: |
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| 14 | 14 | | (1) tuition for which the rates are prescribed by this |
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| 15 | 15 | | chapter; and |
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| 16 | 16 | | (2) tuition charged by an institution of higher |
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| 17 | 17 | | education under Section 54.0513 or another law authorizing an |
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| 18 | 18 | | institution to establish tuition rates. |
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| 19 | 19 | | (a-1) This section does not apply to tuition charged by an |
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| 20 | 20 | | institution of higher education for an academic period before the |
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| 21 | 21 | | 2016-2017 academic year. This subsection expires January 1, 2017. |
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| 22 | 22 | | (b) The total amount of tuition charged by an institution of |
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| 23 | 23 | | higher education to a student for an academic year may not exceed |
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| 24 | 24 | | the total amount of tuition that the institution would have charged |
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| 25 | 25 | | under this chapter to a similarly situated student for the |
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| 26 | 26 | | 2015-2016 academic year. For purposes of this subsection, students |
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| 27 | 27 | | are similarly situated if they share the same residency status, |
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| 28 | 28 | | degree program, course load, course level, tuition exemption |
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| 29 | 29 | | status, and other circumstances affecting the tuition charged to |
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| 30 | 30 | | students. This subsection does not ensure that the total amount of |
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| 31 | 31 | | tuition charged to an individual student does not increase based on |
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| 32 | 32 | | a change in the student's residency status, degree program, course |
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| 33 | 33 | | load, course level, tuition exemption status, or other circumstance |
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| 34 | 34 | | affecting the tuition charged to the student. |
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| 35 | 35 | | SECTION 2. Sections 54.0513(a) and (b), Education Code, are |
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| 36 | 36 | | amended to read as follows: |
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| 37 | 37 | | (a) In addition to amounts that a governing board of an |
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| 38 | 38 | | institution of higher education is authorized to charge as tuition |
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| 39 | 39 | | under the other provisions of this chapter, the governing board[, |
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| 40 | 40 | | under the terms the governing board considers appropriate,] may |
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| 41 | 41 | | charge any student an amount designated as tuition, not to exceed |
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| 42 | 42 | | the amount that enables the institution to comply with Section |
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| 43 | 43 | | 54.0514, that the governing board considers necessary for the |
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| 44 | 44 | | effective operation of the institution. |
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| 45 | 45 | | (b) Subject to the limit provided by Subsection (a) on the |
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| 46 | 46 | | amount designated as tuition charged under this section, a [A] |
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| 47 | 47 | | governing board may set a different tuition rate under this section |
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| 48 | 48 | | for each program and course level offered by each institution of |
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| 49 | 49 | | higher education[. A governing board may set a different tuition |
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| 50 | 50 | | rate] as the governing board considers appropriate to increase |
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| 51 | 51 | | graduation rates, encourage efficient use of facilities, [or] |
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| 52 | 52 | | enhance employee performance, or further another legitimate |
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| 53 | 53 | | purpose of the institution. |
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| 54 | 54 | | SECTION 3. Sections 54.0515(e) and (f), Education Code, are |
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| 55 | 55 | | amended to read as follows: |
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| 56 | 56 | | (e) It is the legislature's intent that each institution of |
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| 57 | 57 | | higher education[, as a condition to tuition deregulation under |
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| 58 | 58 | | Section 54.0513,] reasonably implement the following: |
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| 59 | 59 | | (1) each institution shall make satisfactory progress |
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| 60 | 60 | | towards the goals provided in its master plan for higher education |
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| 61 | 61 | | and in "Closing the Gaps," the state's master plan for higher |
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| 62 | 62 | | education; and |
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| 63 | 63 | | (2) each institution shall meet acceptable |
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| 64 | 64 | | performance criteria, including measures such as graduation rates, |
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| 65 | 65 | | retention rates, enrollment growth, educational quality, efforts |
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| 66 | 66 | | to enhance minority participation, opportunities for financial |
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| 67 | 67 | | aid, and affordability. |
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| 68 | 68 | | (f) The committee shall: |
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| 69 | 69 | | (1) meet at the call of either chair; |
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| 70 | 70 | | (2) monitor and regularly report to the legislature on |
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| 71 | 71 | | each institution of higher education's compliance with the |
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| 72 | 72 | | requirements of Subsection (e); and |
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| 73 | 73 | | (3) receive and review information concerning the |
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| 74 | 74 | | affordability and accessibility of higher education[, including |
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| 75 | 75 | | the impact of tuition deregulation]. |
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| 76 | 76 | | SECTION 4. This Act applies beginning with tuition charged |
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| 77 | 77 | | by public institutions of higher education for the 2016 fall |
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| 78 | 78 | | semester. Tuition charged by an institution of higher education in |
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| 79 | 79 | | an academic period before that semester is covered by the law in |
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| 80 | 80 | | effect before the effective date of this Act, and the former law is |
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| 81 | 81 | | continued in effect for that purpose. |
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| 82 | 82 | | SECTION 5. This Act takes effect January 1, 2016. |
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