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