Texas 2015 - 84th Regular

Texas House Bill HB921 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4166 KSD-F
2	2	By: Price H.B. No. 921
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limitations on increases in fees and designated tuition
8	8	charged by public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 54, Education Code, is
11	11	amended by adding Section 54.0095 to read as follows:
12	12	Sec. 54.0095. INFLATION RATE APPLICABLE TO CERTAIN TUITION
13	13	OR FEE INCREASES. (a) Not later than January 31 of each year, or as
14	14	soon thereafter as practicable, the Legislative Budget Board shall
15	15	publish and certify to the governing board of each institution of
16	16	higher education the inflation rate to be used for purposes of
17	17	Section 54.0513 or 54.5001 for the next academic year.
18	18	(a-1) For purposes of applying Section 54.5001 for the
19	19	2015-2016 academic year, the Legislative Budget Board shall publish
20	20	and certify the applicable inflation rate as soon as practicable
21	21	after this section takes effect. This subsection expires September
22	22	1, 2016.
23	23	(b) The inflation rate is the percentage increase, if any,
24	24	as expressed in decimal form rounded to the nearest thousandth of
25	25	one percent, in the consumer price index, as defined by Section
26	26	341.201, Finance Code, for the preceding calendar year as compared
27	27	to the consumer price index for the year preceding that year.
28	28	SECTION 2. Section 54.0513, Education Code, is amended by
29	29	adding Subsections (g), (h), and (i) to read as follows:
30	30	(g) The amount of tuition the governing board of an
31	31	institution of higher education charges under this section to a
32	32	student for an academic year may not exceed the total amount of
33	33	tuition that the governing board would have charged under this
34	34	section to a similarly situated student for the preceding academic
35	35	year, as that amount is adjusted for each academic year for
36	36	inflation according to the inflation rate determined under Section
37	37	54.0095. The governing board may not increase the amount of tuition
38	38	charged under this section to a student more than once in any
39	39	academic year. For purposes of this subsection, students are
40	40	similarly situated if they share the same residency status, degree
41	41	program, course load, course level, tuition exemption status, and
42	42	other circumstances affecting the tuition charged to the student.
43	43	(h) Notwithstanding Subsection (g), for the 2015-2016
44	44	academic year, the amount of tuition charged to a student under this
45	45	section may not exceed the total amount of tuition that the
46	46	institution would have charged under this section to a similarly
47	47	situated student for the 2014-2015 academic year, except that if
48	48	the institution's governing board, before January 1, 2015, gave
49	49	final approval to increased tuition rates to be charged under this
50	50	section for the 2015-2016 academic year, the institution may charge
51	51	tuition under this section for that year at those increased rates.
52	52	For purposes of this subsection, students are similarly situated if
53	53	they share the same residency status, degree program, course load,
54	54	course level, tuition exemption status, and other circumstances
55	55	affecting the tuition charged to the student. This subsection
56	56	expires September 1, 2016.
57	57	(i) If a student has paid an amount of tuition charged under
58	58	this section for the 2015 fall semester in excess of the maximum
59	59	amount permitted by this section, the institution, not later than
60	60	January 1, 2016, shall refund to the student the excess amount of
61	61	tuition paid. This subsection expires September 1, 2016.
62	62	SECTION 3. Subchapter E, Chapter 54, Education Code, is
63	63	amended by adding Section 54.5001 to read as follows:
64	64	Sec. 54.5001. LIMITATIONS ON FEE INCREASES WITHOUT STUDENT
65	65	APPROVAL. (a) Notwithstanding any other provision of this
66	66	subchapter or other law and except as provided by Subsection (b),
67	67	the governing board of an institution of higher education may not
68	68	increase the amount of a fee charged under this subchapter to an
69	69	amount that is greater than the amount charged by the institution in
70	70	the preceding academic year as adjusted for inflation according to
71	71	the inflation rate determined under Section 54.0095.
72	72	(b) Subsection (a) does not apply to an increase in the
73	73	amount of a fee if the increase is approved by a vote of the students
74	74	of the institution voting in a student election authorized by law
75	75	for that purpose.
76	76	(c) This section does not:
77	77	(1) provide independent authority for the governing
78	78	board of an institution of higher education to increase the amount
79	79	of a fee or to call a student election to approve an increase in the
80	80	amount of a fee; or
81	81	(2) authorize the governing board of an institution of
82	82	higher education to increase the amount of a fee charged under this
83	83	subchapter to an amount that exceeds the maximum amount prescribed
84	84	by the law authorizing the fee's imposition, if that law prescribes
85	85	a maximum amount.
86	86	SECTION 4. (a) Section 54.0513, Education Code, as amended
87	87	by this Act, applies beginning with tuition charged by public
88	88	institutions of higher education for the 2015-2016 academic year.
89	89	Tuition charged by an institution of higher education for an
90	90	academic year before that academic year is covered by the law in
91	91	effect before the effective date of this Act, and the former law is
92	92	continued in effect for that purpose.
93	93	(b) Section 54.5001, Education Code, as added by this Act,
94	94	applies beginning with fee increases for the 2015 fall semester.
95	95	SECTION 5. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2015.