By Junell                                             H.B. No. 1792
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the tuition charged to nonresident students at certain
    1-3  public institutions of higher education.
    1-5        SECTION 1.  Sections 54.051(a) and (d), Education Code, are
    1-6  amended to read as follows:
    1-7        (a)  In this section:
    1-8              (1)  "Coordinating board" means the Texas Higher
    1-9  Education Coordinating Board <"Cost of education" means the
   1-10  applicable cost of education determined by the Coordinating Board,
   1-11  Texas College and University System, under Section 54.0511 of this
   1-12  code>.
   1-13              (2)  "General academic teaching institution" has the
   1-14  meaning assigned by Section 61.003(3) of this code.
   1-15              (3)  "Medical and dental unit" has the meaning assigned
   1-16  by Section 61.003 of this code.
   1-17              (4)  "Public junior college" has the meaning assigned
   1-18  by Section 61.003(2) of this code.
   1-19        (d)  Unless a different rate is specified by this section,
   1-20  tuition for a nonresident student at a general academic teaching
   1-21  institution or medical and dental unit is an amount per semester
   1-22  credit hour equal to the average of the nonresident undergraduate
   1-23  tuition charged to a resident of this state at a public state
   1-24  university in each of the five most populous states other than this
    2-1  state, as computed by the coordinating board under this subsection
    2-2  <100 percent of the cost of education>.  The coordinating board
    2-3  shall set the tuition rate provided by this subsection for each
    2-4  academic year and report that rate to each appropriate institution
    2-5  not later than January 1 of the calendar year in which the academic
    2-6  year begins, or as soon after that January 1 as practicable.  In
    2-7  computing the tuition rate, the coordinating board shall use the
    2-8  nonresident tuition rates for the other states in effect for the
    2-9  academic year in progress when the board makes the computation.
   2-10        SECTION 2.  Subchapter B, Chapter  54, Education Code, is
   2-11  amended by adding Section 54.0601 to read as follows:
   2-12        Sec. 54.0601.  NONRESIDENT TUITION RATES AT CERTAIN
   2-13  INSTITUTIONS.  On the written request of the governing board of a
   2-14  general academic teaching institution located not more than 100
   2-15  miles from the boundary of this state with another state, the Texas
   2-16  Higher Education Coordinating Board may set a nonresident tuition
   2-17  rate that is lower than the nonresident tuition rate otherwise
   2-18  provided by this chapter if the coordinating board determines that
   2-19  the lower rate is in the best interest of the institution and will
   2-20  not cause unreasonable harm to any other institution of higher
   2-21  education.
   2-22        SECTION 3.  Section 61.059, Education Code, is amended by
   2-23  adding Subsection (m) to read as follows:
   2-24        (m)  For an institution that charges a reduced nonresident
   2-25  tuition rate under Section 54.0601, the board may not include in a
   2-26  formula under this section funding based on the number of
   2-27  nonresident students enrolled at the institution in excess of six
    3-1  percent of the total number of students enrolled at the
    3-2  institution.
    3-3        SECTION 4.  (a)  Section 54.064(a), Education Code, is
    3-4  amended to read as follows:
    3-5        (a)  A student who holds a competitive academic scholarship
    3-6  of at least $1,000 <$200> for the academic year or summer for which
    3-7  the student is enrolled and who is either a nonresident or a
    3-8  citizen of a country other than the United States of America is
    3-9  entitled to pay the fees and charges required of Texas residents
   3-10  without regard to the length of time the student has resided in
   3-11  Texas.  The student must compete with other students, including
   3-12  Texas residents, for the academic scholarship and the scholarship
   3-13  must be awarded by a scholarship committee officially recognized by
   3-14  the administration and be approved by the Texas Higher Education
   3-15  Coordinating Board under criteria developed by the board.
   3-16        (b)  The change in law made by this section to Section
   3-17  54.064, Education Code, applies beginning with tuition charged for
   3-18  the fall semester of 1995, except that a student awarded a
   3-19  scholarship before September 1, 1995, for a semester or term of the
   3-20  1995-1996 academic year that would have made the student eligible
   3-21  to pay resident tuition under Section 54.064 as that section
   3-22  existed on January 1, 1995, is covered by Section 54.064 as that
   3-23  section existed on January 1, 1995, for each semester or term of
   3-24  the 1995-1996 academic year for which the student receives the
   3-25  scholarship.
   3-26        SECTION 5.  Section 54.0511, Education Code, is repealed.
   3-27        SECTION 6.  (a) This Act applies beginning with tuition
    4-1  charged for the fall 1995 semester.
    4-2        (b)  The Texas Higher Education Coordinating Board shall
    4-3  compute the nonresident tuition applicable to the 1995-1996
    4-4  academic year under Section 54.051(d), Education Code, as amended
    4-5  by this Act, as soon as practicable after this Act takes effect.
    4-6  In computing that tuition rate, the board shall use nonresident
    4-7  tuition rates for the other states in effect for the 1994-1995
    4-8  academic year.
    4-9        SECTION 7.  The importance of this legislation and the
   4-10  crowded condition of the calendars in both houses create an
   4-11  emergency and an imperative public necessity that the
   4-12  constitutional rule requiring bills to be read on three several
   4-13  days in each house be suspended, and this rule is hereby suspended,
   4-14  and that this Act take effect and be in force from and after its
   4-15  passage, and it is so enacted.