By Smithee H.B. No. 1831 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to tuition rates which may be charged nonresidents 1-3 attending certain institutions of higher education. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 54, Education Code, is 1-6 amended by adding Section 54.0513 to read as follows: 1-7 Sec. 54.0513. Nonresident Tuition Rates for Certain 1-8 Institutions. (a) Nonresident students at a general academic 1-9 teaching institution may be charged a rate of tuition less than the 1-10 nonresident tuition rate established in Section 54.0512 of this 1-11 code if the governing board of the institution finds and certifies 1-12 to the Texas Higher Education Coordinating Board that all of the 1-13 following conditions exist: 1-14 (1) enrollment of nonresidents, excluding nonresident 1-15 aliens, at the institution has declined by at least 15 percent 1-16 since the fall semester of 1984; 1-17 (2) an average of no less than 100,000 square feet of 1-18 space in existing facilities of the institution has been taken out 1-19 of service and remained unused or underused over the same period; 1-20 (3) the economic region served by the institution 1-21 crosses state lines into contiguous states, and the students served 1-22 by the institution tend to remain in the economic region and 1-23 contribute to the economic well-being of the entire region; and 2-1 (4) a reduction of nonresident tuition rates at the 2-2 institution will not reduce or otherwise impair higher educational 2-3 opportunities for Texas residents. 2-4 (b) The rate established by the governing board under this 2-5 section may not be less than that charged to Texas residents at the 2-6 institution for the academic year in which it is charged. 2-7 (c) The governing board shall make such determination for 2-8 each academic year in which it finds that all of the above-stated 2-9 conditions exist. If no finding is made for an academic year, 2-10 nonresidents attending the institution will be charged the rate of 2-11 nonresident tuition established by Section 54.0512 of this code. 2-12 Provided, however, that students who have been permitted to attend 2-13 an institution and pay the special rate described in this section 2-14 shall be entitled to continue to pay such rate for five calendar 2-15 years from the date of the beginning of their first semester or 2-16 summer session at the university, or until such time as they 2-17 complete all of the requirements for a baccalaureate degree at the 2-18 university, whichever occurs sooner. 2-19 SECTION 2. This Act shall be applied to out-of-state tuition 2-20 rates commencing with the fall semester of 1993. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.