1 | 1 | | 85R4986 KSD-D |
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2 | 2 | | By: Swanson H.B. No. 1232 |
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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, fees, and other |
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8 | 8 | | charges charged to students by public institutions of higher |
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9 | 9 | | education. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter B, Chapter 54, Education Code, is |
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12 | 12 | | amended by adding Section 54.0514 to read as follows: |
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13 | 13 | | Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a) |
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14 | 14 | | In this section, "tuition" includes: |
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15 | 15 | | (1) tuition for which the rates are prescribed by this |
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16 | 16 | | chapter; and |
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17 | 17 | | (2) tuition charged by an institution of higher |
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18 | 18 | | education under Section 54.0513 or another law authorizing an |
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19 | 19 | | institution to establish tuition rates. |
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20 | 20 | | (b) The total amount of tuition charged by an institution of |
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21 | 21 | | higher education to a student for an academic year may not exceed an |
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22 | 22 | | amount equal to the total amount of tuition that the institution |
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23 | 23 | | would have charged under this chapter to a similarly situated |
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24 | 24 | | student for the 2015-2016 academic year. For purposes of this |
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25 | 25 | | subsection, students are similarly situated if they share the same |
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26 | 26 | | residency status, degree program, course load, course level, |
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27 | 27 | | tuition exemption status, and other circumstances affecting the |
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28 | 28 | | tuition charged to the student. This subsection does not ensure |
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29 | 29 | | that the total amount of tuition charged to an individual student |
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30 | 30 | | does not increase based on a change in the student's residency |
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31 | 31 | | status, degree program, course load, course level, tuition |
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32 | 32 | | exemption status, or other circumstance affecting the tuition |
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33 | 33 | | charged to the student. |
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34 | 34 | | SECTION 2. Sections 54.0513(a) and (b), Education Code, are |
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35 | 35 | | amended to read as follows: |
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36 | 36 | | (a) In addition to amounts that a governing board of an |
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37 | 37 | | institution of higher education is authorized to charge as tuition |
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38 | 38 | | under the other provisions of this chapter, the governing board[, |
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39 | 39 | | under the terms the governing board considers appropriate,] may |
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40 | 40 | | charge any student an amount designated as tuition, not to exceed |
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41 | 41 | | the maximum amount that enables the institution to comply with |
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42 | 42 | | Section 54.0514, that the governing board considers necessary for |
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43 | 43 | | the effective operation of the institution. |
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44 | 44 | | (b) Subject to the limit provided by Subsection (a) on the |
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45 | 45 | | amount designated as tuition charged under this section, a [A] |
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46 | 46 | | governing board may set a different tuition rate under this section |
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47 | 47 | | for each program and course level offered by each institution of |
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48 | 48 | | higher education[. A governing board may set a different tuition |
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49 | 49 | | rate] as the governing board considers appropriate to increase |
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50 | 50 | | graduation rates, encourage efficient use of facilities, or enhance |
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51 | 51 | | employee performance. |
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52 | 52 | | SECTION 3. Sections 54.0515(e) and (f), Education Code, are |
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53 | 53 | | amended to read as follows: |
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54 | 54 | | (e) It is the legislature's intent that each institution of |
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55 | 55 | | higher education[, as a condition to tuition deregulation under |
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56 | 56 | | Section 54.0513,] reasonably implement the following: |
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57 | 57 | | (1) each institution shall make satisfactory progress |
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58 | 58 | | towards the goals provided in its master plan for higher education |
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59 | 59 | | and in "Closing the Gaps," the state's master plan for higher |
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60 | 60 | | education, or a successor state master plan; and |
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61 | 61 | | (2) each institution shall meet acceptable |
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62 | 62 | | performance criteria, including measures such as graduation rates, |
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63 | 63 | | retention rates, enrollment growth, educational quality, efforts |
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64 | 64 | | to enhance minority participation, opportunities for financial |
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65 | 65 | | aid, and affordability. |
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66 | 66 | | (f) The committee shall: |
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67 | 67 | | (1) meet at the call of either chair; |
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68 | 68 | | (2) monitor and regularly report to the legislature on |
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69 | 69 | | each institution of higher education's compliance with the |
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70 | 70 | | requirements of Subsection (e); and |
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71 | 71 | | (3) receive and review information concerning the |
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72 | 72 | | affordability and accessibility of higher education[, including |
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73 | 73 | | the impact of tuition deregulation]. |
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74 | 74 | | SECTION 4. The heading to Chapter 54, Education Code, is |
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75 | 75 | | amended to read as follows: |
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76 | 76 | | CHAPTER 54. TUITION, [AND] FEES, AND OTHER STUDENT CHARGES |
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77 | 77 | | SECTION 5. The heading to Subchapter E, Chapter 54, |
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78 | 78 | | Education Code, is amended to read as follows: |
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79 | 79 | | SUBCHAPTER E. OTHER FEES, [AND] DEPOSITS, OR CHARGES |
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80 | 80 | | SECTION 6. Subchapter E, Chapter 54, Education Code, is |
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81 | 81 | | amended by adding Sections 54.5001 and 54.5002 to read as follows: |
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82 | 82 | | Sec. 54.5001. LIMITATIONS ON FEE AMOUNTS. |
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83 | 83 | | (a) Notwithstanding any other provision of this subchapter or |
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84 | 84 | | other law, in any academic year, the governing board of an |
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85 | 85 | | institution of higher education may not charge a fee under this |
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86 | 86 | | subchapter in an amount that is greater than the amount of the fee |
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87 | 87 | | charged by the institution in the 2015-2016 academic year. |
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88 | 88 | | (b) The limitation provided by this section applies to a fee |
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89 | 89 | | even if an increase in the amount of the fee is approved by a vote of |
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90 | 90 | | the students, student government, or student fee advisory committee |
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91 | 91 | | of the institution of higher education. |
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92 | 92 | | Sec. 54.5002. LIMITATIONS ON AMOUNT OF CERTAIN CHARGES. |
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93 | 93 | | Notwithstanding any other law, an institution of higher education |
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94 | 94 | | may not charge to a student for on-campus housing, parking, or |
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95 | 95 | | meals, or for any other on-campus good or service the charge for |
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96 | 96 | | which is set by the institution, an amount that is greater than the |
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97 | 97 | | amount the institution would have charged for that good or service |
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98 | 98 | | during the 2015-2016 academic year, unless the institution |
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99 | 99 | | demonstrates that the increase is justified by an increase in |
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100 | 100 | | underlying costs for the good or service, such as labor or supply |
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101 | 101 | | costs, as demonstrated by an increase in the consumer price index, |
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102 | 102 | | as defined by Section 341.201, Finance Code, and certified by the |
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103 | 103 | | Legislative Budget Board. |
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104 | 104 | | SECTION 7. This Act applies beginning with tuition, fees, |
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105 | 105 | | and other charges charged by public institutions of higher |
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106 | 106 | | education for the 2018 fall semester. Tuition, fees, and other |
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107 | 107 | | charges charged by an institution of higher education in an |
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108 | 108 | | academic period before that semester are covered by the law in |
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109 | 109 | | effect before the effective date of this Act, and the former law is |
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110 | 110 | | continued in effect for that purpose. |
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111 | 111 | | SECTION 8. This Act takes effect September 1, 2017. |
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