H.B. No. 1792
    1-1                                AN ACT
    1-2  relating to tuition, fees, and other charges at public institutions
    1-3  of higher education.
    1-5        SECTION 1.  Section 54.008, Education Code, is amended by
    1-6  amending Subsection (a) and adding Subsections (e) and (f) to read
    1-7  as follows:
    1-8        (a)  The tuition rates provided by Subchapter B of this
    1-9  chapter are minimum rates.  Except as provided by Subsection (e),
   1-10  the <The> governing board of each institution of higher education
   1-11  shall set tuition for graduate programs for that institution at a
   1-12  rate that is at least equal to that prescribed by Subchapter B of
   1-13  this chapter, but that is not more than twice the rate prescribed
   1-14  by Subchapter B of this chapter.  Between the maximum and minimum
   1-15  rates, the board may set the differential tuition among programs
   1-16  offered by an institution of higher education.
   1-17        (e)  The governing board of an institution of higher
   1-18  education shall set tuition for an optometry program at the
   1-19  institution at a rate that is at least equal to the rate prescribed
   1-20  by Subchapter B of this chapter but not more than three times the
   1-21  rate prescribed by Subchapter B of this chapter.
   1-22        (f)  The governing board of an institution of higher
   1-23  education shall set tuition for an undergraduate pharmacy program
   1-24  at the institution at a rate that is at least equal to the rate
    2-1  prescribed by Subchapter B of this chapter but not more than twice
    2-2  the rate prescribed by Subchapter B of this chapter.
    2-3        SECTION 2.  Sections 54.051(a), (c), (d), and (i), Education
    2-4  Code, are amended to read as follows:
    2-5        (a)  In this section:
    2-6              (1)  "Coordinating board" means the Texas Higher
    2-7  Education Coordinating Board <"Cost of education" means the
    2-8  applicable cost of education determined by the Coordinating Board,
    2-9  Texas College and University System, under Section 54.0511 of this
   2-10  code>.
   2-11              (2)  "General academic teaching institution" has the
   2-12  meaning assigned by Section 61.003(3) of this code.
   2-13              (3)  "Medical and dental unit" has the meaning assigned
   2-14  by Section 61.003 of this code.
   2-15              (4)  "Public junior college" has the meaning assigned
   2-16  by Section 61.003(2) of this code.
   2-17        (c)  Unless a different rate is specified by this section,
   2-18  tuition for a resident student at a general academic teaching
   2-19  institution is the greater of:
   2-20              (1)  $120 for each semester or 12-week summer session
   2-21  and $60 for each six-week summer term; or
   2-22              (2)  $40 <$32> per semester credit hour.
   2-23        (d)  Unless a different rate is specified by this section,
   2-24  tuition for a nonresident student at a general academic teaching
   2-25  institution or medical and dental unit is an amount per semester
   2-26  credit hour equal to the average of the nonresident undergraduate
   2-27  tuition charged to a resident of this state at a public state
    3-1  university in each of the five most populous states other than this
    3-2  state, as computed by the coordinating board under this subsection
    3-3  <100 percent of the cost of education>.  The coordinating board
    3-4  shall set the tuition rate provided by this subsection for each
    3-5  academic year and report that rate to each appropriate institution
    3-6  not later than January 1 of the calendar year in which the academic
    3-7  year begins, or as soon after that January 1 as practicable.  In
    3-8  computing the tuition rate, the coordinating board shall use the
    3-9  nonresident tuition rates for the other states in effect for the
   3-10  academic year in progress when the board makes the computation.
   3-11        (i)  Tuition for a resident student registered at a law
   3-12  school is $75 <$60> per semester credit hour.  Tuition for a
   3-13  nonresident student registered at a law school is $200 <$150> per
   3-14  semester credit hour.
   3-15        SECTION 3.  Sections 54.0512(b) and (h), Education Code, are
   3-16  amended to read as follows:
   3-17        (b)  Tuition for a resident student at a general academic
   3-18  teaching institution is the greater of $120 <$100> for each
   3-19  semester or 12-week summer session and $60 <$50> for each six-week
   3-20  summer term or:
   3-21              (1)  <for the 1991-1992 academic year, $20 per semester
   3-22  credit hour;>
   3-23              <(2)  for the 1992-1993 academic year, $24 per semester
   3-24  credit hour;>
   3-25              <(3)  for the 1993-1994 academic year, $26 per semester
   3-26  credit hour;>
   3-27              <(4)>  for the 1994-1995 academic year, $28 per
    4-1  semester credit hour;
    4-2              (2) <(5)>  for the 1995-1996 academic year, $30 per
    4-3  semester credit hour; <and>
    4-4              (3) <(6)>  for the 1996-1997 academic year, $32 per
    4-5  semester credit hour;
    4-6              (4)  for the 1997-1998 academic year, $34 per semester
    4-7  credit hour;
    4-8              (5)  for the 1998-1999 academic year, $36 per semester
    4-9  credit hour;
   4-10              (6)  for the 1999-2000 academic year, $38 per semester
   4-11  credit hour; and
   4-12              (7)  for the 2000-2001 academic year, $40 per semester
   4-13  credit hour.
   4-14        (h)  Tuition for academic years not specifically covered by
   4-15  this section is at the rates provided by Section 54.051 of this
   4-16  code.  This section expires January 1, 2002 <1998>.
   4-17        SECTION 4.  Section 54.060(b), Education Code, is amended to
   4-18  read as follows:
   4-19        (b)  The foreign student tuition fee prescribed in this
   4-20  chapter does not apply to a foreign student who is a resident of a
   4-21  nation situated adjacent to Texas, who registers in any general
   4-22  academic teaching institution, as defined in Section 61.003(3) of
   4-23  this code, in a county immediately adjacent to the nation in which
   4-24  the foreign student resides or who registers in Texas A&M
   4-25  University--Kingsville, and, except as provided by this subsection,
   4-26  who demonstrates a financial need after the financial resources of
   4-27  the foreign student and the student's family are considered.  The
    5-1  foreign student described in this section shall pay tuition equal
    5-2  to that charged Texas residents under Sections 54.051 and 54.0512
    5-3  of this code.  The coordinating board shall adopt rules governing
    5-4  the determination of financial need of students under this
    5-5  subsection and rules governing a pilot project to be established at
    5-6  general academic teaching institutions in counties that are not
    5-7  immediately adjacent to the nation in which the foreign student
    5-8  resides.
    5-9        SECTION 5.  Subchapter B, Chapter  54, Education Code, is
   5-10  amended by adding Section 54.0601 to read as follows:
   5-11        Sec. 54.0601.  NONRESIDENT TUITION RATES AT CERTAIN
   5-12  INSTITUTIONS.  On the written request of the governing board of a
   5-13  general academic teaching institution located not more than 100
   5-14  miles from the boundary of this state with another state, the Texas
   5-15  Higher Education Coordinating Board may set a nonresident tuition
   5-16  rate that is lower than the nonresident tuition rate otherwise
   5-17  provided by this chapter if the coordinating board determines that
   5-18  the lower rate is in the best interest of the institution and will
   5-19  not cause unreasonable harm to any other institution of higher
   5-20  education.
   5-21        SECTION 6.  Section 54.064, Education Code, is amended by
   5-22  amending Subsection (a) and adding Subsection (c) to read as
   5-23  follows:
   5-24        (a)  A student who holds a competitive <academic> scholarship
   5-25  of at least $1,000 <$200> for the academic year or summer for which
   5-26  the student is enrolled and who is either a nonresident or a
   5-27  citizen of a country other than the United States of America is
    6-1  entitled to pay the fees and charges required of Texas residents
    6-2  without regard to the length of time the student has resided in
    6-3  Texas. The student must compete with other students, including
    6-4  Texas residents, for the <academic> scholarship and the scholarship
    6-5  must be awarded by a scholarship committee officially recognized by
    6-6  the administration and be approved by the Texas Higher Education
    6-7  Coordinating Board under criteria developed by the board.
    6-8        (c)  Notwithstanding Subsection (a), for the 1995-1996
    6-9  academic year, the amount of a competitive scholarship that
   6-10  qualifies a person to pay the fees and charges required of Texas
   6-11  residents under this section is $500 for the academic year or
   6-12  summer instead of the amount provided by Subsection (a).  This
   6-13  subsection expires January 1, 1997.
   6-14        SECTION 7.  Section 61.059, Education Code, is amended by
   6-15  adding Subsection (m) to read as follows:
   6-16        (m)  For an institution that charges a reduced nonresident
   6-17  tuition rate under Section 54.0601, the board may not include in a
   6-18  formula under this section funding based on the number of
   6-19  nonresident students enrolled at the institution in excess of 10
   6-20  percent of the total number of students enrolled at the
   6-21  institution.
   6-22        SECTION 8.  Subchapter D, Chapter 54, Education Code, is
   6-23  amended by adding Section 54.212 to read as follows:
   6-24        Sec. 54.212.  TEXAS NATIONAL GUARD/ROTC STUDENTS.  (a)  In
   6-25  this section:
   6-26              (1)  "Exempt student" means an undergraduate student
   6-27  who meets all the requirements of Subsections (d) and (f).
    7-1              (2)  "Exemption" means exemption from tuition fees and
    7-2  lodging and board as described in Subsections (b) and (c).
    7-3              (3)  "ROTC institution" means an institution of higher
    7-4  education, as defined by Section 61.003, that maintains a Reserve
    7-5  Officers' Training Corps (ROTC).
    7-6              (4)  "Tuition fees" includes all dues, fees, and
    7-7  enrollment charges whatsoever for which exemptions may be lawfully
    7-8  made, including correspondence courses, general property deposit
    7-9  fees, and student services fees, but does not include fees or
   7-10  charges for lodging, board, or clothing.
   7-11        (b)(1)  The governing boards of ROTC institutions shall, for
   7-12  a period not to exceed four years, exempt from the payment of
   7-13  tuition fees a student selected by the ROTC institution's selection
   7-14  committee to receive such exemption.
   7-15              (2)  Participating ROTC institutions shall receive
   7-16  reimbursement for exempted tuition fees, lodging, and board charges
   7-17  and fees from appropriations made by the legislature.
   7-18        (c)  A student selected to receive an exemption from tuition
   7-19  fees shall be exempt from the ROTC institution's fees and charges
   7-20  for lodging and board for the first two years of enrollment.
   7-21        (d)  A student who is selected to receive an exemption under
   7-22  Subsections (b) and (c) shall be required to:
   7-23              (1)  be admitted to the institution's Reserve Officers'
   7-24  Training Corps program or be a participant in such a program;
   7-25              (2)  become a member of the Texas Army National Guard
   7-26  or the Texas Air National Guard and maintain satisfactory
   7-27  performance as prescribed by the adjutant general's department as a
    8-1  member in good standing during the term of the student's
    8-2  contractual obligation;
    8-3              (3)  possess and maintain from the date of enrollment
    8-4  through completion of the degree program the academic and personal
    8-5  conduct standards established by each ROTC institution;
    8-6              (4)  maintain a minimum full-time enrollment of 12
    8-7  credit hours each semester, including military science courses; and
    8-8              (5)  accept a commission in the Texas National Guard as
    8-9  a second lieutenant on graduation from the ROTC institution and
   8-10  serve no less than four years as a commissioned officer.
   8-11        (e)(1)  A maximum of 150 students shall be selected each
   8-12  academic year to receive an exemption.  The Texas Higher Education
   8-13  Coordinating Board, after consultation with representatives of the
   8-14  governing boards of ROTC institutions and the adjutant general,
   8-15  shall formulate and prescribe a plan governing the selection of
   8-16  students desiring to qualify for exemption under this section and
   8-17  the allocation of the exemptions available to each ROTC
   8-18  institution.
   8-19              (2)  The adjutant general and each participating ROTC
   8-20  institution shall make special efforts to recruit students for the
   8-21  program that reflect the state's ethnic, gender, and racial
   8-22  diversity.
   8-23              (3)  Each ROTC institution shall be allocated at least
   8-24  two exempt students each academic year.  The maximum number of
   8-25  exempt students for each ROTC institution will be determined by the
   8-26  percentage of the institution's Army and Air Force Reserve
   8-27  Officers' Training Corps enrollment in relation to statewide Army
    9-1  and Air Force Reserve Officers' Training Corps enrollment.
    9-2  Percentages shall be calculated during the fall semester of every
    9-3  odd-numbered year beginning September 1, 1995.  In the event an
    9-4  ROTC institution does not recruit its maximum percentage of exempt
    9-5  students, the Texas Higher Education Coordinating Board shall be
    9-6  informed by the ROTC institution of the number of excess exemptions
    9-7  and shall allocate excess exemptions to ROTC institutions which
    9-8  have attained maximum recruiting percentages but have additional
    9-9  students who are qualified under Subsection (f) to receive the
   9-10  exemption.
   9-11        (f)  Selection committees, consisting of three ROTC
   9-12  institution representatives designated by the commissioner of
   9-13  higher education, one of whom shall be a military science faculty
   9-14  member and a commissioned officer of the Texas National Guard
   9-15  appointed by the adjutant general, shall be established at ROTC
   9-16  institutions to review applications of students who have applied
   9-17  for the exemption and to determine which students qualify to
   9-18  receive the exemption set forth in this section.  Selection of
   9-19  qualified students shall be based on the following factors:
   9-20              (1)  individual qualifications, with emphasis on the
   9-21  leadership, communication, and organizational abilities and skills
   9-22  required of commissioned officers;
   9-23              (2)  the financial need of the applicant;
   9-24              (3)  the state's ethnic, racial, and gender diversity;
   9-25  and
   9-26              (4)  projected staffing requirements for the Texas
   9-27  National Guard.
   10-1        (g)  Except in the case of an exempt student who is called
   10-2  into active military service under Section 431.111, Government
   10-3  Code, during the student's enrollment at an ROTC institution
   10-4  exemption from tuition fees shall be limited to four years, and
   10-5  exemption from lodging and board fees and charges shall be limited
   10-6  to the first two years of enrollment at the institution.
   10-7  Extensions of the exemption shall be granted for periods of active
   10-8  military duty required of the student that occur during the
   10-9  student's four-year exemption period.
  10-10        (h)  To receive an exemption under this section, a student
  10-11  must enter into a contract with the ROTC institution granting the
  10-12  exemption that requires the student to repay to the state the
  10-13  amount of tuition, fees, and other charges for which the student
  10-14  receives an exemption under this section if the student does not
  10-15  maintain exempt status or accept a commission in the Texas National
  10-16  Guard as required by Subsection (d).  The contract must require the
  10-17  student to complete the repayment not later than the fifth
  10-18  anniversary of the date the circumstances requiring repayment
  10-19  occur.  The contract must provide that, instead of being required
  10-20  to repay the amount of tuition, fees, and other charges, a student
  10-21  who does not maintain exempt status or accept a commission as
  10-22  required by Subsection (d) may, with the approval of the selection
  10-23  committee of the student's ROTC institution, serve the remainder of
  10-24  the student's contractual obligation as an enlisted member of the
  10-25  Texas National Guard, subject to the student's being accepted into
  10-26  and maintaining membership in the Texas National Guard in the same
  10-27  manner as any other person.  The Texas Higher Education
   11-1  Coordinating Board shall prescribe the form and substance of a
   11-2  contract entered into under this subsection.  The contract must
   11-3  include provisions governing:
   11-4              (1)  the time within which the student must complete
   11-5  the requirements of Subsection (d) and accept a commission in the
   11-6  Texas National Guard as required by Subsection (d);
   11-7              (2)  the method of calculating the amount that the
   11-8  student would be required to repay and the terms for repayment if
   11-9  circumstances requiring repayment occur; and
  11-10              (3)  any other terms the coordinating board considers
  11-11  appropriate to require the student and the ROTC institution to
  11-12  comply with this section.
  11-13        SECTION 9.  Section 54.0511, Education Code, is repealed.
  11-14        SECTION 10.  (a)  Except as provided by Subsections (b) and
  11-15  (d) of this section, this Act applies beginning with tuition, fees,
  11-16  and other charges imposed for the fall semester of 1995.
  11-17        (b)  The change in law made by this Act to Section 54.064,
  11-18  Education Code, applies beginning with tuition charged for the fall
  11-19  semester of 1995, except that a student awarded a scholarship
  11-20  before September 1, 1995, for a semester or term of the 1995-1996
  11-21  academic year that would have made the student eligible to pay
  11-22  resident tuition under Section 54.064 as that section existed on
  11-23  January 1, 1995, is covered by Section 54.064 as that section
  11-24  existed on January 1, 1995, for each semester or term of the
  11-25  1995-1996 academic year for which the student receives the
  11-26  scholarship.
  11-27        (c)  The Texas Higher Education Coordinating Board shall
   12-1  compute the nonresident tuition applicable to the 1995-1996
   12-2  academic year under Section 54.051(d), Education Code, as amended
   12-3  by this Act, as soon as practicable after this Act takes effect.
   12-4  In computing that tuition rate, the board shall use nonresident
   12-5  tuition rates for the other states in effect for the 1994-1995
   12-6  academic year.
   12-7        (d)  The exemptions authorized by Section 54.212, Education
   12-8  Code, as added by this Act, take effect beginning with the
   12-9  1996-1997 academic year.  Implementation of the exemption program
  12-10  authorized by Section 54.212, Education Code, as added by this Act,
  12-11  is contingent upon appropriations being made by the legislature for
  12-12  the specified purposes of the program.
  12-13        SECTION 11.  The importance of this legislation and the
  12-14  crowded condition of the calendars in both houses create an
  12-15  emergency and an imperative public necessity that the
  12-16  constitutional rule requiring bills to be read on three several
  12-17  days in each house be suspended, and this rule is hereby suspended,
  12-18  and that this Act take effect and be in force from and after its
  12-19  passage, and it is so enacted.