BILL ANALYSIS



H.B. 938
By: Telford
05-03-95
Committee Report (Unamended)


BACKGROUND

The Texas Education Code, Section  54.060(a), provides that a
nonresident student who is a resident of a state adjacent to Texas
and who registers in any Texas public junior college or public
technical school located in a county adjacent to the nonresident's
home state shall pay tuition in an equal amount to the amount
charged a Texas resident registered in a similar school in the
nonresident's state.  The same reciprocity applies to out-of-state
students graduating or completing 45 semester hours at a
participating junior college or technical school if they choose to
attend or transfer to a public senior upper-level institution
located within the same county as the junior college or technical
school.


PURPOSE

If enacted, H.B. 938 includes public upper-level institutions of
higher education from not applying the nonresident tuition fee, as
described in this section, to a nonresident student residing in
bordering states.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54B, Education Code, Section 54.060 (a),
to read as follows:

     Sec. 54.060.  RESIDENT OF BORDERING STATE OR NATION OR
PARTICIPANT IN STUDENT EXCHANGE PROGRAM: TUITION.  (a)  The
nonresident tuition fee does not apply to a student who registers
in a Texas public upper-level institution of higher education or
public junior college specified by this section.  In addition, the
requirement of a nonresident student having to pay equivalent fees
charged to Texas students registered at a similar institution in
the state in which the nonresident student resides is deleted.  

SECTION 2.  Amends Chapter 61A, Education Code, by adding Section
61.003(16) to read as follows:
     
     Sec. 61.003.  DEFINITIONS.  Adding Subsection (16) to define
"upper-level institution of higher education".

SECTION 3. Effective date:  Fall semester of 1995

SECTION 4. Emergency clause.
           





SUMMARY OF COMMITTEE ACTION

H.B. 938 was considered by the committee in a public hearing on
March 7, 1995.

The chair recognized Representative Telford to explain the bill.

The following person testified in favor of the bill:
Mr. Stephen Hensley.

The chair recognized Representative Telford to close.

The bill was referred to the subcommittee on tuition exemptions
consisting of Representative Rodriguez as chair and Representative
Goolsby and Ogden as members.

H.B. 938 was considered by the subcommittee in a public hearing on
April 26, 1995.

The bill was reported favorably without amendment to the full
committee by a record vote of 3 ayes, 0 nays, 0 pnv, 0 absent.

H.B. 938 was considered on subcommittee report by the committee in
a formal meeting on May 3, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 1 pnv, 2 absent.