| 1 | 1 | | 87R1484 KSD-D |
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| 2 | 2 | | By: Schwertner S.B. No. 235 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to limitations on increases in fees charged by certain |
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| 8 | 8 | | public institutions of higher education. |
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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 E, Chapter 54, Education Code, is |
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| 11 | 11 | | amended by adding Section 54.5001 to read as follows: |
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| 12 | 12 | | Sec. 54.5001. LIMITATIONS ON FEE INCREASES WITHOUT STUDENT |
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| 13 | 13 | | APPROVAL. (a) In this section, "general academic teaching |
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| 14 | 14 | | institution" and "public state college" have the meanings assigned |
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| 15 | 15 | | by Section 61.003. |
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| 16 | 16 | | (b) This section applies only to a general academic teaching |
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| 17 | 17 | | institution other than a public state college. |
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| 18 | 18 | | (c) Notwithstanding any other provision of this subchapter |
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| 19 | 19 | | or other law and except as provided by Subsection (d), the governing |
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| 20 | 20 | | board of an institution to which this section applies may not |
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| 21 | 21 | | increase the amount of a fee charged under this subchapter to an |
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| 22 | 22 | | amount that is greater than the amount charged by the institution in |
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| 23 | 23 | | the preceding academic year as adjusted for inflation according to |
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| 24 | 24 | | the inflation rate determined under Subsection (e). |
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| 25 | 25 | | (c-1) Notwithstanding Subsection (c) and except as provided |
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| 26 | 26 | | by Subsection (d), for the 2021-2022 academic year, the amount of a |
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| 27 | 27 | | fee charged under this subchapter by an institution to which this |
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| 28 | 28 | | section applies may not exceed the amount of the fee charged by that |
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| 29 | 29 | | institution under this subchapter in the 2020-2021 academic year, |
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| 30 | 30 | | if the institution charged the fee in that academic year, except |
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| 31 | 31 | | that if the institution's governing board, before January 1, 2021, |
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| 32 | 32 | | gave final approval to an increase in the fee to be charged for the |
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| 33 | 33 | | 2021-2022 academic year, the institution may charge the fee for |
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| 34 | 34 | | that year at that increased rate. This subsection expires |
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| 35 | 35 | | September 1, 2022. |
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| 36 | 36 | | (d) Subsection (c) does not apply to an increase in the |
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| 37 | 37 | | amount of a fee if the increase is approved by a vote of the students |
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| 38 | 38 | | of the institution voting in a student election authorized by law |
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| 39 | 39 | | for that purpose. |
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| 40 | 40 | | (e) Not later than January 31 of each year, or as soon |
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| 41 | 41 | | thereafter as practicable, the Legislative Budget Board shall |
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| 42 | 42 | | publish and certify to the governing board of each general academic |
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| 43 | 43 | | teaching institution other than a public state college the |
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| 44 | 44 | | inflation rate to be used for purposes of this section for the next |
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| 45 | 45 | | academic year. The inflation rate is the percentage increase, if |
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| 46 | 46 | | any, as expressed in decimal form rounded to the nearest thousandth |
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| 47 | 47 | | of one percent, in the consumer price index, as defined by Section |
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| 48 | 48 | | 341.201, Finance Code, for the preceding calendar year as compared |
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| 49 | 49 | | to the consumer price index for the year preceding that year. |
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| 50 | 50 | | (e-1) For purposes of applying this section for the |
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| 51 | 51 | | 2021-2022 academic year, the Legislative Budget Board shall publish |
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| 52 | 52 | | and certify the applicable inflation rate as soon as practicable |
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| 53 | 53 | | after this section takes effect. This subsection expires September |
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| 54 | 54 | | 1, 2022. |
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| 55 | 55 | | (f) This section does not: |
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| 56 | 56 | | (1) provide independent authority for the governing |
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| 57 | 57 | | board of an institution to which this section applies to increase |
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| 58 | 58 | | the amount of a fee or to call a student election to approve an |
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| 59 | 59 | | increase in the amount of a fee; or |
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| 60 | 60 | | (2) authorize the governing board of an institution to |
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| 61 | 61 | | which this section applies to increase the amount of a fee charged |
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| 62 | 62 | | under this subchapter to an amount that exceeds the maximum amount |
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| 63 | 63 | | prescribed by the law authorizing the fee's imposition, if that law |
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| 64 | 64 | | prescribes a maximum amount. |
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| 65 | 65 | | SECTION 2. Section 54.5001, Education Code, as added by |
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| 66 | 66 | | this Act, applies beginning with fee increases for the 2021 fall |
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| 67 | 67 | | semester. |
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| 68 | 68 | | SECTION 3. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2021. |
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