Texas 2017 - 85th Regular

Texas House Bill HB1232 Compare Versions

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11 85R4986 KSD-D
22 By: Swanson H.B. No. 1232
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a limitation on the amount of tuition, fees, and other
88 charges charged to students by public institutions of higher
99 education.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter B, Chapter 54, Education Code, is
1212 amended by adding Section 54.0514 to read as follows:
1313 Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a)
1414 In this section, "tuition" includes:
1515 (1) tuition for which the rates are prescribed by this
1616 chapter; and
1717 (2) tuition charged by an institution of higher
1818 education under Section 54.0513 or another law authorizing an
1919 institution to establish tuition rates.
2020 (b) The total amount of tuition charged by an institution of
2121 higher education to a student for an academic year may not exceed an
2222 amount equal to the total amount of tuition that the institution
2323 would have charged under this chapter to a similarly situated
2424 student for the 2015-2016 academic year. For purposes of this
2525 subsection, students are similarly situated if they share the same
2626 residency status, degree program, course load, course level,
2727 tuition exemption status, and other circumstances affecting the
2828 tuition charged to the student. This subsection does not ensure
2929 that the total amount of tuition charged to an individual student
3030 does not increase based on a change in the student's residency
3131 status, degree program, course load, course level, tuition
3232 exemption status, or other circumstance affecting the tuition
3333 charged to the student.
3434 SECTION 2. Sections 54.0513(a) and (b), Education Code, are
3535 amended to read as follows:
3636 (a) In addition to amounts that a governing board of an
3737 institution of higher education is authorized to charge as tuition
3838 under the other provisions of this chapter, the governing board[,
3939 under the terms the governing board considers appropriate,] may
4040 charge any student an amount designated as tuition, not to exceed
4141 the maximum amount that enables the institution to comply with
4242 Section 54.0514, that the governing board considers necessary for
4343 the effective operation of the institution.
4444 (b) Subject to the limit provided by Subsection (a) on the
4545 amount designated as tuition charged under this section, a [A]
4646 governing board may set a different tuition rate under this section
4747 for each program and course level offered by each institution of
4848 higher education[. A governing board may set a different tuition
4949 rate] as the governing board considers appropriate to increase
5050 graduation rates, encourage efficient use of facilities, or enhance
5151 employee performance.
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, or a successor state master plan; 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. The heading to Chapter 54, Education Code, is
7575 amended to read as follows:
7676 CHAPTER 54. TUITION, [AND] FEES, AND OTHER STUDENT CHARGES
7777 SECTION 5. The heading to Subchapter E, Chapter 54,
7878 Education Code, is amended to read as follows:
7979 SUBCHAPTER E. OTHER FEES, [AND] DEPOSITS, OR CHARGES
8080 SECTION 6. Subchapter E, Chapter 54, Education Code, is
8181 amended by adding Sections 54.5001 and 54.5002 to read as follows:
8282 Sec. 54.5001. LIMITATIONS ON FEE AMOUNTS.
8383 (a) Notwithstanding any other provision of this subchapter or
8484 other law, in any academic year, the governing board of an
8585 institution of higher education may not charge a fee under this
8686 subchapter in an amount that is greater than the amount of the fee
8787 charged by the institution in the 2015-2016 academic year.
8888 (b) The limitation provided by this section applies to a fee
8989 even if an increase in the amount of the fee is approved by a vote of
9090 the students, student government, or student fee advisory committee
9191 of the institution of higher education.
9292 Sec. 54.5002. LIMITATIONS ON AMOUNT OF CERTAIN CHARGES.
9393 Notwithstanding any other law, an institution of higher education
9494 may not charge to a student for on-campus housing, parking, or
9595 meals, or for any other on-campus good or service the charge for
9696 which is set by the institution, an amount that is greater than the
9797 amount the institution would have charged for that good or service
9898 during the 2015-2016 academic year, unless the institution
9999 demonstrates that the increase is justified by an increase in
100100 underlying costs for the good or service, such as labor or supply
101101 costs, as demonstrated by an increase in the consumer price index,
102102 as defined by Section 341.201, Finance Code, and certified by the
103103 Legislative Budget Board.
104104 SECTION 7. This Act applies beginning with tuition, fees,
105105 and other charges charged by public institutions of higher
106106 education for the 2018 fall semester. Tuition, fees, and other
107107 charges charged by an institution of higher education in an
108108 academic period before that semester are covered by the law in
109109 effect before the effective date of this Act, and the former law is
110110 continued in effect for that purpose.
111111 SECTION 8. This Act takes effect September 1, 2017.