Texas 2017 - 85th Regular

Texas House Bill HB112 Compare Versions

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11 85R2207 KSD-D
22 By: Dutton H.B. No. 112
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a limitation on the amount of tuition charged by public
88 institutions of higher education.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter B, Chapter 54, Education Code, is
1111 amended by adding Section 54.0514 to read as follows:
1212 Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a)
1313 In this section, "tuition" includes:
1414 (1) tuition for which the rates are prescribed by this
1515 chapter; and
1616 (2) tuition charged by an institution of higher
1717 education under Section 54.0513 or another law authorizing an
1818 institution to establish tuition rates.
1919 (b) The total amount of tuition charged by an institution of
2020 higher education to a student for an academic year may not exceed an
2121 amount equal to 85 percent of the total amount of tuition that the
2222 institution would have charged under this chapter to a similarly
2323 situated student for the 2016-2017 academic year. For purposes of
2424 this subsection, students are similarly situated if they share the
2525 same residency status, degree program, course load, course level,
2626 tuition exemption status, and other circumstances affecting the
2727 tuition charged to the student. This subsection does not ensure
2828 that the total amount of tuition charged to an individual student
2929 does not increase based on a change in the student's residency
3030 status, degree program, course load, course level, tuition
3131 exemption status, or other circumstance affecting the tuition
3232 charged to the student.
3333 SECTION 2. Sections 54.0513(a) and (b), Education Code, are
3434 amended to read as follows:
3535 (a) In addition to amounts that a governing board of an
3636 institution of higher education is authorized to charge as tuition
3737 under the other provisions of this chapter, the governing board[,
3838 under the terms the governing board considers appropriate,] may
3939 charge any student an amount designated as tuition not to exceed the
4040 amount that enables the institution to comply with Section 54.0514
4141 that the governing board considers necessary for the effective
4242 operation of the institution.
4343 (b) Subject to the limit provided by Subsection (a) on the
4444 amount designated as tuition charged under this section, a [A]
4545 governing board may set a different tuition rate under this section
4646 for each program and course level offered by each institution of
4747 higher education[. A governing board may set a different tuition
4848 rate] as the governing board considers appropriate to increase
4949 graduation rates, encourage efficient use of facilities, [or]
5050 enhance employee performance, or further another legitimate
5151 purpose of the institution.
5252 SECTION 3. Sections 54.0515(e) and (f), Education Code, are
5353 amended to read as follows:
5454 (e) It is the legislature's intent that each institution of
5555 higher education[, as a condition to tuition deregulation under
5656 Section 54.0513,] reasonably implement the following:
5757 (1) each institution shall make satisfactory progress
5858 towards the goals provided in its master plan for higher education
5959 and in "Closing the Gaps," the state's master plan for higher
6060 education; and
6161 (2) each institution shall meet acceptable
6262 performance criteria, including measures such as graduation rates,
6363 retention rates, enrollment growth, educational quality, efforts
6464 to enhance minority participation, opportunities for financial
6565 aid, and affordability.
6666 (f) The committee shall:
6767 (1) meet at the call of either chair;
6868 (2) monitor and regularly report to the legislature on
6969 each institution of higher education's compliance with the
7070 requirements of Subsection (e); and
7171 (3) receive and review information concerning the
7272 affordability and accessibility of higher education[, including
7373 the impact of tuition deregulation].
7474 SECTION 4. (a) This Act applies beginning with tuition
7575 charged by public institutions of higher education for the 2017
7676 fall semester. Tuition charged by an institution of higher
7777 education in an academic period before that semester is covered by
7878 the law in effect before the effective date of this Act, and the
7979 former law is continued in effect for that purpose.
8080 (b) If before the effective date of this Act a student has
8181 paid an amount of tuition for the 2017 fall semester in excess of
8282 the maximum amount permitted by Section 54.0514, Education Code, as
8383 added by this Act, the institution the student attends shall refund
8484 to the student the excess amount of tuition paid.
8585 SECTION 5. This Act takes effect immediately if it receives
8686 a vote of two-thirds of all the members elected to each house, as
8787 provided by Section 39, Article III, Texas Constitution. If this
8888 Act does not receive the vote necessary for immediate effect, this
8989 Act takes effect September 1, 2017.