87R1484 KSD-D
By: Schwertner S.B. No. 235
A BILL TO BE ENTITLED
AN ACT
relating to limitations on increases in fees charged by certain
public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) In this section, "general academic teaching
institution" and "public state college" have the meanings assigned
by Section 61.003.
(b) This section applies only to a general academic teaching
institution other than a public state college.
(c) Notwithstanding any other provision of this subchapter
or other law and except as provided by Subsection (d), the governing
board of an institution to which this section applies 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 for inflation according to
the inflation rate determined under Subsection (e).
(c-1) Notwithstanding Subsection (c) and except as provided
by Subsection (d), for the 2021-2022 academic year, the amount of a
fee charged under this subchapter by an institution to which this
section applies may not exceed the amount of the fee charged by that
institution under this subchapter in the 2020-2021 academic year,
if the institution charged the fee in that academic year, except
that if the institution's governing board, before January 1, 2021,
gave final approval to an increase in the fee to be charged for the
2021-2022 academic year, the institution may charge the fee for
that year at that increased rate. This subsection expires
September 1, 2022.
(d) Subsection (c) 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.
(e) Not later than January 31 of each year, or as soon
thereafter as practicable, the Legislative Budget Board shall
publish and certify to the governing board of each general academic
teaching institution other than a public state college the
inflation rate to be used for purposes of this section for the next
academic year. The inflation rate is the percentage increase, if
any, as expressed in decimal form rounded to the nearest thousandth
of one percent, in the consumer price index, as defined by Section
341.201, Finance Code, for the preceding calendar year as compared
to the consumer price index for the year preceding that year.
(e-1) For purposes of applying this section for the
2021-2022 academic year, the Legislative Budget Board shall publish
and certify the applicable inflation rate as soon as practicable
after this section takes effect. This subsection expires September
1, 2022.
(f) This section does not:
(1) provide independent authority for the governing
board of an institution to which this section applies 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 to
which this section applies 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.
SECTION 2. Section 54.5001, Education Code, as added by
this Act, applies beginning with fee increases for the 2021 fall
semester.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.