Texas 2019 - 86th Regular

Texas Senate Bill SB1880 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2962 KSD-D
2	2	By: Schwertner S.B. No. 1880
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limitations on increases in fees and designated tuition
8	8	charged by certain public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Higher Education
11	11	Accountability Restoration Act.
12	12	SECTION 2. Subchapter A, Chapter 54, Education Code, is
13	13	amended by adding Section 54.0095 to read as follows:
14	14	Sec. 54.0095. INFLATION RATE APPLICABLE TO CERTAIN TUITION
15	15	OR FEE INCREASES. (a) In this section, "general academic teaching
16	16	institution" and "public state college" have the meanings assigned
17	17	by Section 61.003.
18	18	(b) Not later than January 31 of each year, or as soon
19	19	thereafter as practicable, the Legislative Budget Board shall
20	20	publish and certify to the governing board of each general academic
21	21	teaching institution other than a public state college the
22	22	inflation rate to be used for purposes of Sections 54.0513 and
23	23	54.5001 for the next academic year.
24	24	(b-1) For purposes of applying Section 54.5001 for the
25	25	2019-2020 academic year, the Legislative Budget Board shall publish
26	26	and certify the applicable inflation rate as soon as practicable
27	27	after this section takes effect. This subsection expires September
28	28	1, 2020.
29	29	(c) The inflation rate is the percentage increase, if any,
30	30	as expressed in decimal form rounded to the nearest thousandth of
31	31	one percent, in the consumer price index, as defined by Section
32	32	341.201, Finance Code, for the preceding calendar year as compared
33	33	to the consumer price index for the year preceding that year.
34	34	SECTION 3. Section 54.0513, Education Code, is amended by
35	35	adding Subsections (g), (g-1), (g-2), and (h) to read as follows:
36	36	(g) The amount of tuition the governing board of a general
37	37	academic teaching institution other than a public state college
38	38	charges under this section to a student of the institution for an
39	39	academic year may not exceed the total amount of tuition that the
40	40	governing board would have charged under this section to a
41	41	similarly situated student of the institution for the preceding
42	42	academic year, as that amount is adjusted for each academic year for
43	43	inflation according to the inflation rate determined under Section
44	44	54.0095. The governing board may not increase the amount of tuition
45	45	charged under this section to a student more than once in any
46	46	academic year. For purposes of this subsection, students are
47	47	similarly situated if they share the same residency status, degree
48	48	program, course load, course level, tuition exemption status, and
49	49	other circumstances affecting the tuition charged to the student.
50	50	(g-1) Notwithstanding Subsection (g), for the 2019-2020
51	51	academic year, the amount of tuition charged to a student under this
52	52	section by a general academic teaching institution other than a
53	53	public state college may not exceed the total amount of tuition that
54	54	the institution would have charged under this section to a
55	55	similarly situated student for the 2018-2019 academic year, except
56	56	that if the institution's governing board, before January 1, 2019,
57	57	gave final approval to increased tuition rates to be charged by the
58	58	institution under this section for the 2019-2020 academic year, the
59	59	institution may charge tuition under this section for that year at
60	60	those increased rates. For purposes of this subsection, students
61	61	are similarly situated if they share the same residency status,
62	62	degree program, course load, course level, tuition exemption
63	63	status, and other circumstances affecting the tuition charged to
64	64	the student. This subsection expires September 1, 2020.
65	65	(g-2) If a student has paid an amount of tuition charged
66	66	under this section by a general academic teaching institution other
67	67	than a public state college for the 2019 fall semester in excess of
68	68	the maximum amount permitted by this section, the institution, not
69	69	later than January 1, 2020, shall refund to the student the excess
70	70	amount of tuition paid. This subsection expires September 1, 2020.
71	71	(h) In this section, "general academic teaching
72	72	institution" and "public state college" have the meanings assigned
73	73	by Section 61.003.
74	74	SECTION 4. Subchapter E, Chapter 54, Education Code, is
75	75	amended by adding Section 54.5001 to read as follows:
76	76	Sec. 54.5001. LIMITATIONS ON FEE INCREASES WITHOUT STUDENT
77	77	APPROVAL. (a) In this section, "general academic teaching
78	78	institution" and "public state college" have the meanings assigned
79	79	by Section 61.003.
80	80	(b) This section applies only to a general academic teaching
81	81	institution other than a public state college.
82	82	(c) Notwithstanding any other provision of this subchapter
83	83	or other law and except as provided by Subsection (d), the governing
84	84	board of an institution to which this section applies may not
85	85	increase the amount of a fee charged under this subchapter to an
86	86	amount that is greater than the amount charged by the institution in
87	87	the preceding academic year as adjusted for inflation according to
88	88	the inflation rate determined under Section 54.0095.
89	89	(c-1) Notwithstanding Subsection (c) and except as provided
90	90	by Subsection (d), for the 2019-2020 academic year, the amount of a
91	91	fee charged under this subchapter by an institution to which this
92	92	section applies may not exceed the amount of the fee charged by that
93	93	institution under this subchapter in the 2018-2019 academic year,
94	94	if the institution charged the fee in that academic year, except
95	95	that if the institution's governing board, before January 1, 2019,
96	96	gave final approval to an increase in the fee to be charged for the
97	97	2019-2020 academic year, the institution may charge the fee for
98	98	that year at that increased rate. This subsection expires
99	99	September 1, 2020.
100	100	(d) Subsection (c) does not apply to an increase in the
101	101	amount of a fee if the increase is approved by a vote of the students
102	102	of the institution voting in a student election authorized by law
103	103	for that purpose.
104	104	(e) This section does not:
105	105	(1) provide independent authority for the governing
106	106	board of an institution to which this section applies to increase
107	107	the amount of a fee or to call a student election to approve an
108	108	increase in the amount of a fee; or
109	109	(2) authorize the governing board of an institution to
110	110	which this section applies to increase the amount of a fee charged
111	111	under this subchapter to an amount that exceeds the maximum amount
112	112	prescribed by the law authorizing the fee's imposition, if that law
113	113	prescribes a maximum amount.
114	114	SECTION 5. (a) Section 54.0513, Education Code, as amended
115	115	by this Act, applies beginning with tuition charged by general
116	116	academic teaching institutions other than public state colleges for
117	117	the 2019-2020 academic year. Tuition charged by an institution for
118	118	an academic year before that academic year is covered by the law in
119	119	effect before the effective date of this Act, and the former law is
120	120	continued in effect for that purpose.
121	121	(b) Section 54.5001, Education Code, as added by this Act,
122	122	applies beginning with fee increases for the 2019 fall semester.
123	123	SECTION 6. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2019.