By Kubiak                                               H.B. No. 31
          Substitute the following for H.B. No. 31:
          By Rangel                                           C.S.H.B. No. 31
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the calculation of the grade point average of a student
    1-3  who repeats a course at an institution of higher education.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 61, Education Code, is
    1-6  amended by adding Section 61.0741 to read as follows:
    1-7        Sec. 61.0741.  EFFECT OF REPEATING UNDERGRADUATE COURSE ON
    1-8  GRADE POINT AVERAGE.  (a)  Each institution of higher education
    1-9  shall adopt a uniform policy applicable to all students of the
   1-10  institution for calculating the grade point average of a student
   1-11  who completes a course at the institution that the student has
   1-12  previously completed at the same institution.  The policy must
   1-13  provide for one of the following methods of calculating the
   1-14  student's grade point average:
   1-15              (1)  the higher grade received by the student for the
   1-16  course is included in the calculation and the lower grade is
   1-17  excluded, except that if the student receives the same grade both
   1-18  times the student completes the course, the grade received when the
   1-19  student repeats the course is included and the former grade is
   1-20  excluded; or
   1-21              (2)  the grade received when the student repeats the
   1-22  course is included in the calculation and the grade received the
   1-23  first time the student completed the course is excluded from the
   1-24  calculation.
    2-1        (b)  A policy adopted under Subsection (a) does not apply to
    2-2  a course that a student repeats in a term or semester in which the
    2-3  student repeats one or more courses that could result in the
    2-4  exclusion of a total of more than 15 credit hours from the
    2-5  calculation of the student's grade point average under the
    2-6  institution's policy adopted under Subsection (a).
    2-7        (c)  For purposes of this section, courses completed by a
    2-8  student are considered the same course only if the content of each
    2-9  course does not vary significantly from the content of the other
   2-10  course or courses, as determined by the institution.  The content
   2-11  of a course that changes because of advances in knowledge or
   2-12  technology is not considered to vary significantly from the content
   2-13  of the course before the change for purposes of this section solely
   2-14  because of that change.
   2-15        (d)  If a student enrolls in the same course at the same
   2-16  institution more than two times, each of the student's grades in
   2-17  the course shall be included in the calculation of the student's
   2-18  grade point average.
   2-19        (e)  This section does not apply to:
   2-20              (1)  a graduate-level course or a course in which a
   2-21  student enrolls for credit in a postgraduate program; or
   2-22              (2)  a course that a student completed the first time
   2-23  before the fall semester 1996.
   2-24        (f)  The exclusion of a grade received for a course under
   2-25  this section does not authorize the institution to change the
   2-26  student's permanent record.  The transcript and permanent record of
   2-27  a student from whose grade point average calculation a grade for a
    3-1  course is excluded under this section must include the same
    3-2  information for that course, including the grade received, that
    3-3  would otherwise be included if the grade were included in the
    3-4  calculation of the student's grade point average.
    3-5        (g)  The tuition rate to be paid by any student electing to
    3-6  repeat an undergraduate course pursuant to this subsection shall be
    3-7  the amount determined by the Coordinating Board to be the full cost
    3-8  of each such credit hour pursuant to Section 54.0511 of the Texas
    3-9  Education Code.  The increased tuition rate shall apply only to the
   3-10  repeated course, and not to any other courses in which the student
   3-11  may be enrolled.
   3-12        SECTION 2.  This Act applies to the calculation of a grade
   3-13  point average beginning with the fall semester 1996.  Each
   3-14  institution of higher education shall implement this Act after this
   3-15  Act takes effect until the fall semester 1996 concurrently with
   3-16  routine computer acquisition, maintenance, and upgrade.
   3-17        SECTION 3.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency and an imperative public necessity that the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended,
   3-22  and that this Act take effect and be in force from and after its
   3-23  passage, and it is so enacted.