BILL ANALYSIS


                                                        S.B. 1491
                                                      By: Shapiro
                                                        Education
                                                         04-27-95
                                       Committee Report (Amended)
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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.306, Education Code, by adding
Subsection (q), to authorize 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 54B, 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.