By Kubiak                                               H.B. No. 31
       74R541 JSA-F
                                 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)  In calculating the grade point average
    1-9  of a student enrolled in an institution of higher education, the
   1-10  institution shall exclude from the calculation a grade that is the
   1-11  equivalent of a "C," "D," or "F" received by the student the first
   1-12  time the student completed a course, if the student repeats the
   1-13  same course at the same institution and on repeating the course
   1-14  receives a grade superior to the grade the student received the
   1-15  first time the student completed the course.
   1-16        (b)  Subsection (a) does not apply to a course that a student
   1-17  repeats in a term or semester in which the student repeats one or
   1-18  more courses that could result in the exclusion of more than 15
   1-19  credit hours from the calculation of the student's grade point
   1-20  average at the same institution if Subsection (a) were applicable.
   1-21        (c)  For purposes of this section, courses completed by a
   1-22  student are considered the same course only if the content of each
   1-23  course does not vary significantly from the content of the other
   1-24  course or courses.  The content of a course that changes because of
    2-1  advances in knowledge or technology is not considered to vary
    2-2  significantly from the content of the course before the change for
    2-3  purposes of this section solely because of that change.
    2-4        (d)  If a student enrolls in the same course at the same
    2-5  institution more than two times, each of the student's grades in
    2-6  the course shall be included in the calculation of the student's
    2-7  grade point average.
    2-8        (e)  This section does not apply to:
    2-9              (1)  a graduate-level course or a course in which a
   2-10  student enrolls for credit in a postgraduate program; or
   2-11              (2)  a course that the student completed the first time
   2-12  before the fall semester 1996.
   2-13        (f)  The transcript of a student from whose grade point
   2-14  average calculation a grade for a course is excluded under this
   2-15  section must include the same information for that course,
   2-16  including the grade received, that would otherwise be included if
   2-17  the grade were included in calculating the student's grade point
   2-18  average.
   2-19        SECTION 2.  Section 54.051, Education Code, is amended by
   2-20  adding Subsection (o) to read as follows:
   2-21        (o)  The tuition for a course that a student repeats in
   2-22  circumstances in which completing the course being repeated would
   2-23  require the grade earned by the student the first time the student
   2-24  completed the course to be excluded from the calculation of the
   2-25  student's grade point average under Section 61.0741 is:
   2-26              (1)  the tuition the student would otherwise pay, if
   2-27  for the same term or semester the student:
    3-1                    (A)  receives a competitive scholarship described
    3-2  by Section 54.064(a), regardless of the amount of the scholarship;
    3-3                    (B)  participates in a work-study program; or
    3-4                    (C)  receives an educational grant to attend the
    3-5  institution that is provided under state or federal law or awarded
    3-6  by the institution at which the student is enrolled;
    3-7              (2)  the regular tuition that would be paid by a
    3-8  nonresident student enrolled in the same course, if the student is
    3-9  a resident student not covered by Subdivision (1); or
   3-10              (3)  an amount equal to 120 percent of the regular
   3-11  tuition that would be paid by a nonresident student enrolled in the
   3-12  same course, if the student is a nonresident student not covered by
   3-13  Subdivision (1).
   3-14        SECTION 3.  This Act applies to the calculation of a grade
   3-15  point average and to tuition rates beginning with the fall semester
   3-16  1996.  Each institution of higher education shall implement this
   3-17  Act after this Act takes effect until the fall semester 1996
   3-18  concurrently with routine computer acquisition, maintenance, and
   3-19  upgrade.
   3-20        SECTION 4.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended,
   3-25  and that this Act take effect and be in force from and after its
   3-26  passage, and it is so enacted.