BILL ANALYSIS H.B. 1836 By: Lewis, R. (Ratliff) Finance 05-25-95 Senate Committee Report (Unamended) BACKGROUND Current law exempts students from Arkansas, Louisiana, New Mexico and Oklahoma from paying out-of-state tuition at Texas public junior colleges or technical institutes that are in counties immediately adjacent to the above-mentioned states. This exemption prevents the loss of students and tuition fees for schools that draw from neighboring states. When Texas tuition rises, many out-of-state residents withdraw from schools due to the inability to accommodate costs of higher tuition. Lamar University Institute of Technology, Lamar University at Orange, and Lamar University at Port Arthur are not included in this exempting language. These are two-year institutions in counties immediately adjacent to the State of Louisiana. The lower tuition exemption might increase the enrollment at each of these campuses. PURPOSE As proposed, H.B. 1836 includes the Lamar University System in the public institutions at which certain residents of bordering states are not required to pay nonresident tuition fees. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 54.060, Education Code, by amending Subsections (a) and (e) and adding Subsections (f), (g), and (h), as follows: (a) Provides that the nonresident tuition fee prescribed in this chapter does not apply to a nonresident student who is a resident of Arkansas, Louisiana, New Mexico, or Oklahoma and who registers in a two-year institution in the Lamar University System, Texas public junior college, or public technical institute, rather than as defined by Section 61.003 of this code, situated in a county adjacent to the state in which the nonresident student resides. Makes a conforming change. (e) Makes conforming changes. (f) Provides that the nonresident tuition fee prescribed by this chapter does not apply to a nonresident student who is a resident of a county or parish of Arkansas, Louisiana, New Mexico, or Oklahoma that is adjacent to this state and who registers in an institution of higher education, the governing board of which has agreed to admit the student at the resident tuition fee prescribed by this chapter. Requires the state in which the student resides to allow a resident of a county of this state that is adjacent to that state to register in a public institution of higher education in that state at the tuition fee charged residents of that state. Requires the student to pay tuition equal to that charged residents of this state at the institution. (g) Defines "public technical institute" and "two-year institution in the Lamar University System." (h) Provides that if legislation enacted by the 74th Legislature, Regular Session, 1995, transferring the governance of a two-year institution in the Lamar University System to another board of regents becomes law, the institution is considered to be an institution in the Lamar University System. Provides that if no legislation enacted by the 74th Legislature, Regular Session, 1995, transferring the governance of a two-year institution in the Lamar University System to another board of regents becomes law, this subsection expires January 1, 1996. SECTION 2. Provides that this Act applies beginning with tuition charged for the fall semester of 1995. SECTION 3. Emergency clause. Effective date: upon passage.