BILL ANALYSIS S.B. 1491 By: Shapiro (Reyna) 05-08-95 Committee Report (Unamended) BACKGROUND Current law requires students who are pursuing higher education to take the Texas Academic Skills Program (TASP) test. Successful completion of the TASP test is required of students at public universities and colleges in order to register for upper level courses. Older individuals who have gained admittance to an institution of higher education possess the academic skills needed to complete their programs; the TASP test and other remedial education are not necessary for these students. The same burden exists for tuition and fee rates for people over 55 years of age. The law does not provide for tuition and fee discounts for older students, which makes it difficult for those on fixed income to attend classes. PURPOSE As proposed, S.B. 1491 allows public colleges and universities to exempt students over the age of 55 from testing and remedial education and charge lower tuition and fee rates to those students. 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 Section 51.306, Education Code, by adding Subsection (q) to read as follows: Sec. 51.306. TESTING AND REMEDIAL COURSEWORK. (q) Authorizes a public institution of higher education (institution) to exempt a non-degree or non-certificate seeking student who will be 55 years of age or older on the first class day of a term or semester from the testing requirements imposed by this section as a condition for enrollment during that term or semester in a course. SECTION 2. Amends Chapter 54 B, Education Code, by adding Section 54.067, as follows: Sec. 54.067. STUDENTS 55 YEARS OF AGE AND OLDER. (a) Authorizes an institution to charge a student 55 years of age or older tuition and fees at rates that are lower than the rates otherwise provided by this chapter under the condition that a student under 55 years of age will not be precluded from enrolling in a course for credit toward a degree or certificate. Authorizes the institution to set additional qualifications that a student must meet to qualify for tuition and rates set under this section and to set different rates for different programs, campuses, or courses. Authorizes the institution to set rates under this section for resident students, nonresident students, or both, and to set different rates for resident students and nonresident students. (b) Requires a tuition or fee rate set under this section to apply uniformly to each student that meets the applicable qualifications set by the institution to pay tuition or fees at that rate. (c) Requires the legislature in an appropriations act to account for the rates authorized by Section 54.067(a) in a way that does not increase the general revenue appropriations to that institution. SECTION 3. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION S.B. 1491 was considered by the committee in a formal meeting on May 8, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.