1 | 1 | | By: Zaffirini S.B. No. 1323 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the academic costs charged to resident undergraduate |
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7 | 7 | | students by general academic teaching institutions and to certain |
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8 | 8 | | reports regarding certain costs of those institutions. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 54, Education Code, is |
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11 | 11 | | amended by adding Section 54.018 to read as follows: |
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12 | 12 | | Sec. 54.018. LIMITATION ON INCREASE IN TOTAL ACADEMIC COSTS |
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13 | 13 | | CHARGED TO RESIDENT UNDERGRADUATE STUDENTS. (a) In this section: |
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14 | 14 | | (1) "General academic teaching institution" has the |
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15 | 15 | | meaning assigned by Section 61.003. |
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16 | 16 | | (2) "Core operational costs" means those costs as |
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17 | 17 | | estimated by the Legislative Budget Board under Section 51.979. |
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18 | 18 | | (3) "Total academic costs": |
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19 | 19 | | (A) includes: |
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20 | 20 | | (i) tuition for which the rates are |
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21 | 21 | | prescribed by this chapter; |
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22 | 22 | | (ii) tuition charged by a general academic |
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23 | 23 | | teaching institution under Section 54.0513 or another law |
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24 | 24 | | authorizing a general academic teaching institution to establish |
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25 | 25 | | tuition rates; |
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26 | 26 | | (iii) mandatory academic fees; and |
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27 | 27 | | (iv) any other academic-related general |
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28 | 28 | | fees and course fees, including fees for laboratories, field trips, |
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29 | 29 | | access to Internet or multimedia service, equipment replacement, |
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30 | 30 | | and instructional technology; and |
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31 | 31 | | (B) does not include optional fees charged to a |
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32 | 32 | | student for voluntary services or a fee approved by students of the |
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33 | 33 | | institution in a referendum held at the institution for that |
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34 | 34 | | purpose. |
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35 | 35 | | (b) If for any state fiscal biennium the legislature |
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36 | 36 | | appropriates to a general academic teaching institution from |
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37 | 37 | | undedicated general revenue an amount that is less than the amount |
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38 | 38 | | necessary to fully fund the institution's core operational costs |
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39 | 39 | | for that biennium, the total academic costs charged by the |
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40 | 40 | | institution to undergraduate students who are residents of this |
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41 | 41 | | state for an academic year of that biennium may not exceed the |
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42 | 42 | | amount that, when added to the amount of undedicated general |
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43 | 43 | | revenue appropriated to the institution for the corresponding state |
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44 | 44 | | fiscal year for that purpose, is equal to the institution's core |
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45 | 45 | | operational costs for that corresponding state fiscal year. |
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46 | 46 | | (c) Notwithstanding Section 54.0513(c), the legislature in |
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47 | 47 | | an appropriations Act may provide for an adjustment of general |
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48 | 48 | | revenue appropriated to a general academic teaching institution for |
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49 | 49 | | a state fiscal year to account for an increase in the amount of |
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50 | 50 | | total academic costs charged by the institution in that fiscal year |
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51 | 51 | | to an individual student of the institution to whom this section |
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52 | 52 | | applies, in excess of an amount specified in the appropriations |
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53 | 53 | | Act, if the legislature specifies such an amount in that Act. |
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54 | 54 | | (d) For purposes of this section, students are similarly |
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55 | 55 | | situated if they share the same residency status, degree program, |
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56 | 56 | | course load, course level, tuition exemption status, and other |
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57 | 57 | | circumstances affecting the total academic costs charged to the |
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58 | 58 | | student. |
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59 | 59 | | (e) This section does not ensure that the total academic |
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60 | 60 | | costs charged to an individual student will not increase by more |
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61 | 61 | | than the limitation prescribed by Subsection (b) based on a change |
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62 | 62 | | in the student's residency status, degree program, course load, |
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63 | 63 | | course level, tuition exemption status, or other circumstance |
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64 | 64 | | affecting the total academic costs charged to the student. |
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65 | 65 | | SECTION 2. Section 54.0513, Education Code, is amended by |
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66 | 66 | | amending Subsection (c) as follows: |
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67 | 67 | | (c) Amounts collected by an institution of higher education |
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68 | 68 | | under this section are institutional funds as defined by Section |
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69 | 69 | | 51.009 [of this code] and shall be accounted for as designated |
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70 | 70 | | funds. These funds shall not be accounted for in a general |
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71 | 71 | | appropriations act in such a way as to reduce the general revenue |
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72 | 72 | | appropriation to a particular institution except as provided by |
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73 | 73 | | Section 54.018(c). |
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74 | 74 | | SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
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75 | 75 | | amended by adding Section 51.979 to read as follows: |
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76 | 76 | | Sec. 51.979. BIENNIAL REPORT BY LEGISLATIVE BUDGET BOARD |
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77 | 77 | | REGARDING CERTAIN UNIVERSITY COSTS. (a) Not later than September |
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78 | 78 | | 1 of each even-numbered year, the Legislative Budget Board shall |
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79 | 79 | | submit to the Senate Finance Committee, the House Appropriations |
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80 | 80 | | Committee, and the standing committee of each house with primary |
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81 | 81 | | jurisdiction over higher education for consideration by the members |
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82 | 82 | | of those committees in determining the amount of general revenue |
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83 | 83 | | appropriations to general academic teaching institutions and |
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84 | 84 | | tuition rates at those institutions, the Legislative Budget Board's |
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85 | 85 | | estimate of the core operational costs for the next state fiscal |
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86 | 86 | | biennium for each general academic teaching institution, based on a |
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87 | 87 | | methodology that: |
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88 | 88 | | (1) projects for each year of the next biennium: |
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89 | 89 | | (A) changes in student enrollment for each |
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90 | 90 | | institution; and |
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91 | 91 | | (B) a rate of inflation; and |
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92 | 92 | | (2) uses data from each institution's annual financial |
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93 | 93 | | report regarding costs for instruction, academic support, |
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94 | 94 | | institutional support, operations and maintenance of physical |
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95 | 95 | | plants, and student services. |
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96 | 96 | | (b) The Legislative Budget Board shall submit with its |
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97 | 97 | | estimate under Subsection (a)(1) a comparison of each institution's |
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98 | 98 | | actual core operational costs for the preceding state fiscal |
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99 | 99 | | biennium to the board's previous estimate of the institution's core |
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100 | 100 | | operational costs for that biennium. |
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101 | 101 | | SECTION 4. Not later than September 1, 2018, each general |
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102 | 102 | | academic teaching institution shall submit to the Legislative |
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103 | 103 | | Budget Board, the Senate Committee on Finance, the House |
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104 | 104 | | Appropriations Committee, and the standing committee of each house |
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105 | 105 | | with primary jurisdiction over higher education a detailed plan for |
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106 | 106 | | reducing the institution's operational costs by at least five |
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107 | 107 | | percent. |
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108 | 108 | | SECTION 5. This Act takes effect immediately if it receives |
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109 | 109 | | a vote of two-thirds of all the members elected to each house, as |
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110 | 110 | | provided by Section 39, Article III, Texas Constitution. If this |
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111 | 111 | | Act does not receive the vote necessary for immediate effect, this |
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112 | 112 | | Act takes effect September 1, 2017. |
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