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.