Texas 2019 - 86th Regular

Texas Senate Bill SB876 Compare Versions

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

Old	New	Differences
1	1	86R2213 KSD-D
2	2	By: West S.B. No. 876
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a limitation on the amount of tuition and fees charged
8	8	to students by public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 54, Education Code, is
11	11	amended by adding Section 54.0514 to read as follows:
12	12	Sec. 54.0514. LIMITATION ON TUITION CHARGES. (a) In this
13	13	section, "tuition" includes:
14	14	(1) tuition for which the rates are prescribed by this
15	15	chapter; and
16	16	(2) tuition charged by an institution of higher
17	17	education under Section 54.0513 or another law authorizing an
18	18	institution to establish tuition rates.
19	19	(b) The total amount of tuition charged by an institution of
20	20	higher education to a student for an academic year may not exceed
21	21	the total amount of tuition that the institution would have charged
22	22	under this chapter to a similarly situated student for the
23	23	2019-2020 academic year, as that amount is adjusted for inflation
24	24	for each academic year by applying the inflation rate determined by
25	25	the comptroller on the basis of changes in the Texas Consumer Price
26	26	Index. For purposes of this subsection, students are similarly
27	27	situated if they share the same residency status, degree program,
28	28	course load, course level, tuition exemption status, and other
29	29	circumstances affecting the tuition charged to the student. This
30	30	subsection does not ensure that the total amount of tuition charged
31	31	to an individual student does not increase based on a change in the
32	32	student's residency status, degree program, course load, course
33	33	level, tuition exemption status, or other circumstance affecting
34	34	the tuition charged to the student.
35	35	(c) The Texas Higher Education Coordinating Board may adopt
36	36	rules as necessary to administer this section.
37	37	SECTION 2. Sections 54.0513(a) and (b), Education Code, are
38	38	amended to read as follows:
39	39	(a) In addition to amounts that a governing board of an
40	40	institution of higher education is authorized to charge as tuition
41	41	under the other provisions of this chapter, the governing board[,
42	42	under the terms the governing board considers appropriate,] may
43	43	charge any student an amount designated as tuition not to exceed the
44	44	amount that enables the institution to comply with Section 54.0514
45	45	that the governing board considers necessary for the effective
46	46	operation of the institution.
47	47	(b) Subject to the limit provided by Subsection (a) on the
48	48	amount designated as tuition charged under this section, a [A]
49	49	governing board may set a different tuition rate under this section
50	50	for each program and course level offered by each institution of
51	51	higher education[. A governing board may set a different tuition
52	52	rate] as the governing board considers appropriate to increase
53	53	graduation rates, encourage efficient use of facilities, or enhance
54	54	employee performance.
55	55	SECTION 3. Sections 54.0515(e) and (f), Education Code, are
56	56	amended to read as follows:
57	57	(e) It is the legislature's intent that each institution of
58	58	higher education[, as a condition to tuition deregulation under
59	59	Section 54.0513,] reasonably implement the following:
60	60	(1) each institution shall make satisfactory progress
61	61	towards the goals provided in its master plan for higher education
62	62	and in ["Closing the Gaps,"] the state's master plan for higher
63	63	education; and
64	64	(2) each institution shall meet acceptable
65	65	performance criteria, including measures such as graduation rates,
66	66	retention rates, enrollment growth, educational quality, efforts
67	67	to enhance minority participation, opportunities for financial
68	68	aid, and affordability.
69	69	(f) The committee shall:
70	70	(1) meet at the call of either chair;
71	71	(2) monitor and regularly report to the legislature on
72	72	each institution of higher education's compliance with the
73	73	requirements of Subsection (e); and
74	74	(3) receive and review information concerning the
75	75	affordability and accessibility of higher education[, including
76	76	the impact of tuition deregulation].
77	77	SECTION 4. Subchapter E, Chapter 54, Education Code, is
78	78	amended by adding Section 54.5001 to read as follows:
79	79	Sec. 54.5001. LIMITATIONS ON FEE INCREASES WITHOUT STUDENT
80	80	APPROVAL. (a) Notwithstanding any other provision of this
81	81	subchapter or other law and except as provided by Subsection (b),
82	82	the governing board of an institution of higher education may not
83	83	increase the amount of a fee charged under this subchapter to an
84	84	amount that is greater than the amount charged by the institution in
85	85	the preceding academic year as adjusted by applying the inflation
86	86	rate determined by the comptroller on the basis of changes in the
87	87	Texas Consumer Price Index.
88	88	(b) Subsection (a) does not apply to an increase in the
89	89	amount of a fee if the increase is approved by a vote of the students
90	90	of the institution voting in a student election authorized by law
91	91	for that purpose.
92	92	(c) This section does not:
93	93	(1) provide independent authority for the governing
94	94	board of an institution of higher education to increase the amount
95	95	of a fee or to call a student election to approve an increase in the
96	96	amount of a fee; or
97	97	(2) authorize the governing board of an institution of
98	98	higher education to increase the amount of a fee charged under this
99	99	subchapter to an amount that exceeds the maximum amount prescribed
100	100	by the law authorizing the fee's imposition, if that law prescribes
101	101	a maximum amount.
102	102	(d) The Texas Higher Education Coordinating Board may adopt
103	103	rules as necessary to administer this section.
104	104	SECTION 5. (a) The changes in law made by this Act to
105	105	Subchapter B, Chapter 54, Education Code, apply beginning with
106	106	tuition charged by public institutions of higher education for the
107	107	2020-2021 academic year. Tuition charged by an institution of
108	108	higher education in an academic year before that academic year is
109	109	covered by the law in effect before the effective date of this Act,
110	110	and the former law is continued in effect for that purpose.
111	111	(b) Section 54.5001, Education Code, as added by this Act,
112	112	applies beginning with fee increases for the 2020 fall semester.
113	113	SECTION 6. This Act takes effect January 1, 2020.