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 non-residents 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. Title 3, Subtitle A, Chapter 54, Education Code 1-6 is amended by the addition of Section 54.0513 to read as follows: 1-7 Section 54.0513. Non-Resident Tuition Rates for Certain 1-8 Institutions. (a) Non-resident students at a general academic 1-9 teaching institution may be charged a rate of tuition less than the 1-10 non-resident 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 non-residents, excluding non-resident 1-15 aliens, at the institution has declined by at least 15% since the 1-16 fall semester of 1984; and, 1-17 (2) An average of no less than 100,000 square feet of space 1-18 in existing facilities of the institution has been taken out of 1-19 service and remained unused or underused over the same period; and, 1-20 (3) The economic region served by the institution crosses 1-21 state lines into contiguous states, and the students served by the 1-22 institution tend to remain in the economic region and contribute to 1-23 the economic well-being of the entire region; and, 2-1 (4) A reduction of non-resident 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 non-residents attending the institution will be charged the rate of 2-11 non-resident tuition established by Section 54.0512, above. 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 (5) 2-15 calendar years from the date of the beginning of their first 2-16 semester or summer session at the university, or until such time as 2-17 they complete all of the requirements for a baccalaureate degree at 2-18 the 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. EMERGENCY. The importance of this legislation 2-22 and the crowded conditions of the calendars in both houses create 2-23 an 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.