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.