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.