86R2213 KSD-D
By: West S.B. No. 876
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on the amount of tuition and fees charged
to students by public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 54, Education Code, is
amended by adding Section 54.0514 to read as follows:
Sec. 54.0514. LIMITATION ON TUITION CHARGES. (a) In this
section, "tuition" includes:
(1) tuition for which the rates are prescribed by this
chapter; and
(2) tuition charged by an institution of higher
education under Section 54.0513 or another law authorizing an
institution to establish tuition rates.
(b) The total amount of tuition charged by an institution of
higher education to a student for an academic year may not exceed
the total amount of tuition that the institution would have charged
under this chapter to a similarly situated student for the
2019-2020 academic year, as that amount is adjusted for inflation
for each academic year by applying the inflation rate determined by
the comptroller on the basis of changes in the Texas Consumer Price
Index. For purposes of this subsection, students are similarly
situated if they share the same residency status, degree program,
course load, course level, tuition exemption status, and other
circumstances affecting the tuition charged to the student. This
subsection does not ensure that the total amount of tuition charged
to an individual student does not increase based on a change in the
student's residency status, degree program, course load, course
level, tuition exemption status, or other circumstance affecting
the tuition charged to the student.
(c) The Texas Higher Education Coordinating Board may adopt
rules as necessary to administer this section.
SECTION 2. Sections 54.0513(a) and (b), Education Code, are
amended to read as follows:
(a) In addition to amounts that a governing board of an
institution of higher education is authorized to charge as tuition
under the other provisions of this chapter, the governing board[,
under the terms the governing board considers appropriate,] may
charge any student an amount designated as tuition not to exceed the
amount that enables the institution to comply with Section 54.0514
that the governing board considers necessary for the effective
operation of the institution.
(b) Subject to the limit provided by Subsection (a) on the
amount designated as tuition charged under this section, a [A]
governing board may set a different tuition rate under this section
for each program and course level offered by each institution of
higher education[. A governing board may set a different tuition
rate] as the governing board considers appropriate to increase
graduation rates, encourage efficient use of facilities, or enhance
employee performance.
SECTION 3. Sections 54.0515(e) and (f), Education Code, are
amended to read as follows:
(e) It is the legislature's intent that each institution of
higher education[, as a condition to tuition deregulation under
Section 54.0513,] reasonably implement the following:
(1) each institution shall make satisfactory progress
towards the goals provided in its master plan for higher education
and in ["Closing the Gaps,"] the state's master plan for higher
education; and
(2) each institution shall meet acceptable
performance criteria, including measures such as graduation rates,
retention rates, enrollment growth, educational quality, efforts
to enhance minority participation, opportunities for financial
aid, and affordability.
(f) The committee shall:
(1) meet at the call of either chair;
(2) monitor and regularly report to the legislature on
each institution of higher education's compliance with the
requirements of Subsection (e); and
(3) receive and review information concerning the
affordability and accessibility of higher education[, including
the impact of tuition deregulation].
SECTION 4. Subchapter E, Chapter 54, Education Code, is
amended by adding Section 54.5001 to read as follows:
Sec. 54.5001. LIMITATIONS ON FEE INCREASES WITHOUT STUDENT
APPROVAL. (a) Notwithstanding any other provision of this
subchapter or other law and except as provided by Subsection (b),
the governing board of an institution of higher education may not
increase the amount of a fee charged under this subchapter to an
amount that is greater than the amount charged by the institution in
the preceding academic year as adjusted by applying the inflation
rate determined by the comptroller on the basis of changes in the
Texas Consumer Price Index.
(b) Subsection (a) does not apply to an increase in the
amount of a fee if the increase is approved by a vote of the students
of the institution voting in a student election authorized by law
for that purpose.
(c) This section does not:
(1) provide independent authority for the governing
board of an institution of higher education to increase the amount
of a fee or to call a student election to approve an increase in the
amount of a fee; or
(2) authorize the governing board of an institution of
higher education to increase the amount of a fee charged under this
subchapter to an amount that exceeds the maximum amount prescribed
by the law authorizing the fee's imposition, if that law prescribes
a maximum amount.
(d) The Texas Higher Education Coordinating Board may adopt
rules as necessary to administer this section.
SECTION 5. (a) The changes in law made by this Act to
Subchapter B, Chapter 54, Education Code, apply beginning with
tuition charged by public institutions of higher education for the
2020-2021 academic year. Tuition charged by an institution of
higher education in an academic year before that academic year is
covered by the law in effect before the effective date of this Act,
and the former law is continued in effect for that purpose.
(b) Section 54.5001, Education Code, as added by this Act,
applies beginning with fee increases for the 2020 fall semester.
SECTION 6. This Act takes effect January 1, 2020.