85R4986 KSD-D
By: Swanson H.B. No. 1232
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on the amount of tuition, fees, and other
charges charged to students by public institutions of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 54, Education Code, is
amended by adding Section 54.0514 to read as follows:
Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a)
In this section, "tuition" includes:
(1) tuition for which the rates are prescribed by this
chapter; and
(2) tuition charged by an institution of higher
education under Section 54.0513 or another law authorizing an
institution to establish tuition rates.
(b) The total amount of tuition charged by an institution of
higher education to a student for an academic year may not exceed an
amount equal to the total amount of tuition that the institution
would have charged under this chapter to a similarly situated
student for the 2015-2016 academic year. For purposes of this
subsection, students are similarly situated if they share the same
residency status, degree program, course load, course level,
tuition exemption status, and other circumstances affecting the
tuition charged to the student. This subsection does not ensure
that the total amount of tuition charged to an individual student
does not increase based on a change in the student's residency
status, degree program, course load, course level, tuition
exemption status, or other circumstance affecting the tuition
charged to the student.
SECTION 2. Sections 54.0513(a) and (b), Education Code, are
amended to read as follows:
(a) In addition to amounts that a governing board of an
institution of higher education is authorized to charge as tuition
under the other provisions of this chapter, the governing board[,
under the terms the governing board considers appropriate,] may
charge any student an amount designated as tuition, not to exceed
the maximum amount that enables the institution to comply with
Section 54.0514, that the governing board considers necessary for
the effective operation of the institution.
(b) Subject to the limit provided by Subsection (a) on the
amount designated as tuition charged under this section, a [A]
governing board may set a different tuition rate under this section
for each program and course level offered by each institution of
higher education[. A governing board may set a different tuition
rate] as the governing board considers appropriate to increase
graduation rates, encourage efficient use of facilities, or enhance
employee performance.
SECTION 3. Sections 54.0515(e) and (f), Education Code, are
amended to read as follows:
(e) It is the legislature's intent that each institution of
higher education[, as a condition to tuition deregulation under
Section 54.0513,] reasonably implement the following:
(1) each institution shall make satisfactory progress
towards the goals provided in its master plan for higher education
and in "Closing the Gaps," the state's master plan for higher
education, or a successor state master plan; and
(2) each institution shall meet acceptable
performance criteria, including measures such as graduation rates,
retention rates, enrollment growth, educational quality, efforts
to enhance minority participation, opportunities for financial
aid, and affordability.
(f) The committee shall:
(1) meet at the call of either chair;
(2) monitor and regularly report to the legislature on
each institution of higher education's compliance with the
requirements of Subsection (e); and
(3) receive and review information concerning the
affordability and accessibility of higher education[, including
the impact of tuition deregulation].
SECTION 4. The heading to Chapter 54, Education Code, is
amended to read as follows:
CHAPTER 54. TUITION, [AND] FEES, AND OTHER STUDENT CHARGES
SECTION 5. The heading to Subchapter E, Chapter 54,
Education Code, is amended to read as follows:
SUBCHAPTER E. OTHER FEES, [AND] DEPOSITS, OR CHARGES
SECTION 6. Subchapter E, Chapter 54, Education Code, is
amended by adding Sections 54.5001 and 54.5002 to read as follows:
Sec. 54.5001. LIMITATIONS ON FEE AMOUNTS.
(a) Notwithstanding any other provision of this subchapter or
other law, in any academic year, the governing board of an
institution of higher education may not charge a fee under this
subchapter in an amount that is greater than the amount of the fee
charged by the institution in the 2015-2016 academic year.
(b) The limitation provided by this section applies to a fee
even if an increase in the amount of the fee is approved by a vote of
the students, student government, or student fee advisory committee
of the institution of higher education.
Sec. 54.5002. LIMITATIONS ON AMOUNT OF CERTAIN CHARGES.
Notwithstanding any other law, an institution of higher education
may not charge to a student for on-campus housing, parking, or
meals, or for any other on-campus good or service the charge for
which is set by the institution, an amount that is greater than the
amount the institution would have charged for that good or service
during the 2015-2016 academic year, unless the institution
demonstrates that the increase is justified by an increase in
underlying costs for the good or service, such as labor or supply
costs, as demonstrated by an increase in the consumer price index,
as defined by Section 341.201, Finance Code, and certified by the
Legislative Budget Board.
SECTION 7. This Act applies beginning with tuition, fees,
and other charges charged by public institutions of higher
education for the 2018 fall semester. Tuition, fees, and other
charges charged by an institution of higher education in an
academic period before that semester are covered by the law in
effect before the effective date of this Act, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2017.