73R3193 SOS-F
          By Hochberg                                            H.B. No. 691
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the refund of tuition and fees for courses dropped by
    1-3  students at public institutions of higher education.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 54.006, Education Code, is amended by
    1-6  amending Subsections (a), (b), and (c) and adding Subsection (g) to
    1-7  read as follows:
    1-8        (a)  A general academic teaching institution or medical and
    1-9  dental unit, as soon as practicable, shall refund the amount of
   1-10  <applicable tuition and> fees and tuition in excess of the minimum
   1-11  tuition collected for courses from which students drop within the
   1-12  first 12 days of a fall or spring semester or within the first four
   1-13  days of a summer term.  The institution or medical and dental unit
   1-14  may not delay a refund under this subsection on the grounds that
   1-15  the student may withdraw from the institution or unit later in the
   1-16  semester or term<, provided the student remains enrolled at the
   1-17  institution for that semester or term.  Refunds for courses dropped
   1-18  by a student who later in the semester or term withdraws from the
   1-19  institution are calculated according to the percentage schedules in
   1-20  Subsections (b) or (c) of this Act>.  An institution may assess a
   1-21  nonrefundable $15 matriculation fee if the student withdraws from
   1-22  the institution before the first day of classes.
   1-23        (b)  A general academic teaching institution or medical and
   1-24  dental unit shall refund <a percentage of collected tuition and
    2-1  mandatory fees> to a student <students> withdrawing from the
    2-2  institution or unit an amount equal to the product of the amount of
    2-3  tuition and mandatory fees collected for each course in which the
    2-4  student is enrolled on the date the student withdraws multiplied by
    2-5  the applicable percentage derived from the following tables:
    2-6              (1)  if the student withdraws during a fall or spring
    2-7  semester or comparable trimester <if such are in effect according
    2-8  to the following withdrawal schedule and subject to the provisions
    2-9  of Subsection (a) of this section>:
   2-10                    (A) <(1)>  prior to the first
   2-11                                 class day                100 percent
   2-12                    (B) <(2)>  during the first
   2-13                                 five class days           80 percent
   2-14                    (C) <(3)>  during the second
   2-15                                 five class days           70 percent
   2-16                    (D) <(4)>  during the third
   2-17                                 five class days           50 percent
   2-18                    (E) <(5)>  during the fourth
   2-19                                 five class days           25 percent
   2-20                    (F) <(6)>  after the fourth
   2-21                                 five class days            None; and
   2-22              (2)  if the student withdraws <Separate withdrawal
   2-23  refund schedules may be established for optional fees such as
   2-24  intercollegiate athletics, cultural entertainment, parking, and
   2-25  yearbooks.>
   2-26        <(c)  A general academic teaching institution or medical and
   2-27  dental unit shall refund a percentage of collected tuition and
    3-1  mandatory fees to students withdrawing from the institution> during
    3-2  a summer term <according to the following withdrawal schedule and
    3-3  subject to the provisions of Subsection (a) of this section>:
    3-4                    (A) <(1)>  prior to the first
    3-5                                 class day                100 percent
    3-6                    (B) <(2)>  during the first, second, or
    3-7                                 third class day           80 percent
    3-8                    (C) <(3)>  during the fourth, fifth, or
    3-9                                 sixth class day           50 percent
   3-10                    (D) <(4)>  seventh day of class
   3-11                                 and thereafter                None.
   3-12        (c)  Separate withdrawal refund schedules may be established
   3-13  for optional fees such as intercollegiate athletics, cultural
   3-14  entertainment, parking, and yearbooks.
   3-15        (g)  A general academic teaching institution or medical and
   3-16  dental unit may not collect any amount of fees or tuition in excess
   3-17  of the minimum tuition for a course at the institution or unit from
   3-18  a student who is entitled to a refund of that amount under this
   3-19  section if the student has not paid that amount on the date the
   3-20  student drops the course or withdraws from the institution or unit.
   3-21        SECTION 2.  This Act takes effect immediately, and  applies
   3-22  only to the refund or collection of tuition and fees that become
   3-23  due beginning with the fall semester in 1993.  The refund or
   3-24  collection of tuition and fees that became due before that semester
   3-25  is governed by the law in effect at the time the tuition and fees
   3-26  became due, and that law is continued in effect for this purpose
   3-27  only.
    4-1        SECTION 3.  The importance of this legislation and the
    4-2  crowded condition of the calendars in both houses create an
    4-3  emergency and an imperative public necessity that the
    4-4  constitutional rule requiring bills to be read on three several
    4-5  days in each house be suspended, and this rule is hereby suspended,
    4-6  and that this Act take effect and be in force from and after its
    4-7  passage, and it is so enacted.