1-1 By: Hochberg (Senate Sponsor - Bivins) H.B. No. 691
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 Education; May 6, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the refund of tuition and fees for courses dropped by
1-22 students at public institutions of higher education.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 54.006, Education Code, is amended by
1-25 amending Subsections (a), (b), and (c) and adding Subsection (g) to
1-26 read as follows:
1-27 (a) A general academic teaching institution or medical and
1-28 dental unit, as soon as practicable, shall refund the amount of
1-29 <applicable tuition and> fees and tuition in excess of the minimum
1-30 tuition collected for courses from which students drop within the
1-31 first 12 days of a fall or spring semester or within the first four
1-32 days of a summer term. The institution or medical and dental unit
1-33 may not delay a refund under this subsection on the grounds that
1-34 the student may withdraw from the institution or unit later in the
1-35 semester or term<, provided the student remains enrolled at the
1-36 institution for that semester or term. Refunds for courses dropped
1-37 by a student who later in the semester or term withdraws from the
1-38 institution are calculated according to the percentage schedules in
1-39 Subsections (b) or (c) of this Act>. An institution may assess a
1-40 nonrefundable $15 matriculation fee if the student withdraws from
1-41 the institution before the first day of classes.
1-42 (b) A general academic teaching institution or medical and
1-43 dental unit shall refund <a percentage of collected tuition and
1-44 mandatory fees> to a student <students> withdrawing from the
1-45 institution or unit an amount equal to the product of the amount of
1-46 tuition and mandatory fees collected for each course in which the
1-47 student is enrolled on the date the student withdraws multiplied by
1-48 the applicable percentage derived from the following tables:
1-49 (1) if the student withdraws during a fall or spring
1-50 semester or comparable trimester <if such are in effect according
1-51 to the following withdrawal schedule and subject to the provisions
1-52 of Subsection (a) of this section>:
1-53 (A) <(1)> prior to the first
1-54 class day 100 percent
1-55 (B) <(2)> during the first
1-56 five class days 80 percent
1-57 (C) <(3)> during the second
1-58 five class days 70 percent
1-59 (D) <(4)> during the third
1-60 five class days 50 percent
1-61 (E) <(5)> during the fourth
1-62 five class days 25 percent
1-63 (F) <(6)> after the fourth
1-64 five class days None; and
1-65 (2) if the student withdraws <Separate withdrawal
1-66 refund schedules may be established for optional fees such as
1-67 intercollegiate athletics, cultural entertainment, parking, and
1-68 yearbooks.>
2-1 <(c) A general academic teaching institution or medical and
2-2 dental unit shall refund a percentage of collected tuition and
2-3 mandatory fees to students withdrawing from the institution> during
2-4 a summer term <according to the following withdrawal schedule and
2-5 subject to the provisions of Subsection (a) of this section>:
2-6 (A) <(1)> prior to the first
2-7 class day 100 percent
2-8 (B) <(2)> during the first, second, or
2-9 third class day 80 percent
2-10 (C) <(3)> during the fourth, fifth, or
2-11 sixth class day 50 percent
2-12 (D) <(4)> seventh day of class
2-13 and thereafter None.
2-14 (c) Separate withdrawal refund schedules may be established
2-15 for optional fees such as intercollegiate athletics, cultural
2-16 entertainment, parking, and yearbooks.
2-17 (g) A general academic teaching institution or medical and
2-18 dental unit may not collect any amount of fees or tuition in excess
2-19 of the minimum tuition for a course at the institution or unit from
2-20 a student who is entitled to a refund of that amount under this
2-21 section if the student has not paid that amount on the date the
2-22 student drops the course or withdraws from the institution or unit.
2-23 SECTION 2. This Act takes effect immediately, and applies
2-24 only to the refund or collection of tuition and fees that become
2-25 due beginning with the fall semester in 1993. The refund or
2-26 collection of tuition and fees that became due before that semester
2-27 is governed by the law in effect at the time the tuition and fees
2-28 became due, and that law is continued in effect for this purpose
2-29 only.
2-30 SECTION 3. The importance of this legislation and the
2-31 crowded condition of the calendars in both houses create an
2-32 emergency and an imperative public necessity that the
2-33 constitutional rule requiring bills to be read on three several
2-34 days in each house be suspended, and this rule is hereby suspended,
2-35 and that this Act take effect and be in force from and after its
2-36 passage, and it is so enacted.
2-37 * * * * *
2-38 Austin,
2-39 Texas
2-40 May 6, 1993
2-41 Hon. Bob Bullock
2-42 President of the Senate
2-43 Sir:
2-44 We, your Committee on Education to which was referred H.B. No. 691,
2-45 have had the same under consideration, and I am instructed to
2-46 report it back to the Senate with the recommendation that it do
2-47 pass and be printed.
2-48 Ratliff,
2-49 Chairman
2-50 * * * * *
2-51 WITNESSES
2-52 FOR AGAINST ON
2-53 ___________________________________________________________________
2-54 Name: Mack Adams x
2-55 Representing: Higher Ed Coord. Board
2-56 City: Austin
2-57 -------------------------------------------------------------------