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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.