1-1  By:  Junell (Senate Sponsor - Bivins)                 H.B. No. 1792
    1-2        (In the Senate - Received from the House March 30, 1995;
    1-3  April 4, 1995, read first time and referred to Committee on
    1-4  Finance; April 28, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 10, Nays 0;
    1-6  April 28, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 1792                  By:  Bivins
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to tuition, fees, and other charges at public institutions
   1-11  of higher education.
   1-13        SECTION 1.  Section 54.008, Education Code, is amended by
   1-14  amending Subsection (a) and adding Subsections (e), (f), and (g) to
   1-15  read as follows:
   1-16        (a)  The tuition rates provided by Subchapter B of this
   1-17  chapter are minimum rates.  Except as provided by Subsection (f),
   1-18  the <The> governing board of each institution of higher education
   1-19  shall set tuition for graduate programs for that institution at a
   1-20  rate that is at least equal to that prescribed by Subchapter B of
   1-21  this chapter, but that is not more than twice the rate prescribed
   1-22  by Subchapter B of this chapter.  Between the maximum and minimum
   1-23  rates, the board may set the differential tuition among programs
   1-24  offered by an institution of higher education.
   1-25        (e)  The legislature in an appropriations act shall account
   1-26  for the increase in revenue attributable to the statutory tuition
   1-27  increases prescribed by Section 54.051(c)(2) and Section 54.0512(b)
   1-28  in a way that does not reduce the general revenue appropriations to
   1-29  that institution.
   1-30        (f)  The governing board of an institution of higher
   1-31  education shall set tuition for an optometry program at the
   1-32  institution at a rate that is at least equal to the rate prescribed
   1-33  by Subchapter B of this chapter but not more than three times the
   1-34  rate prescribed by Subchapter B of this chapter.
   1-35        (g)  The governing board of an institution of higher
   1-36  education shall set tuition for an undergraduate pharmacy program
   1-37  at the institution at a rate that is at least equal to the rate
   1-38  prescribed by Subchapter B of this chapter but not more than twice
   1-39  the rate prescribed by Subchapter B of this chapter.
   1-40        SECTION 2.  Sections 54.051(a), (c), (d), and (i), Education
   1-41  Code, are amended to read as follows:
   1-42        (a)  In this section:
   1-43              (1)  "Coordinating board" means the Texas Higher
   1-44  Education Coordinating Board <"Cost of education" means the
   1-45  applicable cost of education determined by the Coordinating Board,
   1-46  Texas College and University System, under Section 54.0511 of this
   1-47  code>.
   1-48              (2)  "General academic teaching institution" has the
   1-49  meaning assigned by Section 61.003(3) of this code.
   1-50              (3)  "Medical and dental unit" has the meaning assigned
   1-51  by Section 61.003 of this code.
   1-52              (4)  "Public junior college" has the meaning assigned
   1-53  by Section 61.003(2) of this code.
   1-54        (c)  Unless a different rate is specified by this section,
   1-55  tuition for a resident student at a general academic teaching
   1-56  institution is the greater of:
   1-57              (1)  $120 for each semester or 12-week summer session
   1-58  and $60 for each six-week summer term; or
   1-59              (2)  $40 <$32> per semester credit hour.
   1-60        (d)  Unless a different rate is specified by this section,
   1-61  tuition for a nonresident student at a general academic teaching
   1-62  institution or medical and dental unit is an amount per semester
   1-63  credit hour equal to the average of the nonresident undergraduate
   1-64  tuition charged to a resident of this state at a public state
   1-65  university in each of the five most populous states other than this
   1-66  state, as computed by the coordinating board under this subsection
   1-67  <100 percent of the cost of education>.  The coordinating board
   1-68  shall set the tuition rate provided by this subsection for each
    2-1  academic year and report that rate to each appropriate institution
    2-2  not later than January 1 of the calendar year in which the academic
    2-3  year begins, or as soon after that January 1 as practicable.  In
    2-4  computing the tuition rate, the coordinating board shall use the
    2-5  nonresident tuition rates for the other states in effect for the
    2-6  academic year in progress when the board makes the computation.
    2-7        (i)  Tuition for a resident student registered at a law
    2-8  school is $75 <$60> per semester credit hour.  Tuition for a
    2-9  nonresident student registered at a law school is $200 <$150> per
   2-10  semester credit hour.
   2-11        SECTION 3.  Sections 54.0512(b) and (h), Education Code, are
   2-12  amended to read as follows:
   2-13        (b)  Tuition for a resident student at a general academic
   2-14  teaching institution is the greater of $120 <$100> for each
   2-15  semester or 12-week summer session and $60 <$50> for each six-week
   2-16  summer term or:
   2-17              (1)  <for the 1991-1992 academic year, $20 per semester
   2-18  credit hour;>
   2-19              <(2)  for the 1992-1993 academic year, $24 per semester
   2-20  credit hour;>
   2-21              <(3)  for the 1993-1994 academic year, $26 per semester
   2-22  credit hour;>
   2-23              <(4)>  for the 1994-1995 academic year, $28 per
   2-24  semester credit hour;
   2-25              (2) <(5)>  for the 1995-1996 academic year, $30 per
   2-26  semester credit hour; <and>
   2-27              (3) <(6)>  for the 1996-1997 academic year, $32 per
   2-28  semester credit hour;
   2-29              (4)  for the 1997-1998 academic year, $34 per semester
   2-30  credit hour;
   2-31              (5)  for the 1998-1999 academic year, $36 per semester
   2-32  credit hour;
   2-33              (6)  for the 1999-2000 academic year, $38 per semester
   2-34  credit hour; and
   2-35              (7)  for the 2000-2001 academic year, $40 per semester
   2-36  credit hour.
   2-37        (h)  Tuition for academic years not specifically covered by
   2-38  this section is at the rates provided by Section 54.051 of this
   2-39  code.  This section expires January 1, 2002 <1998>.
   2-40        SECTION 4.  Section 54.060(b), Education Code, is amended to
   2-41  read as follows:
   2-42        (b)  The foreign student tuition fee prescribed in this
   2-43  chapter does not apply to a foreign student who is a resident of a
   2-44  nation situated adjacent to Texas, who registers in any general
   2-45  academic teaching institution, as defined in Section 61.003(3) of
   2-46  this code, in a county immediately adjacent to the nation in which
   2-47  the foreign student resides or who registers in Texas A&M
   2-48  University--Kingsville, and, except as provided by this subsection,
   2-49  who demonstrates a financial need after the financial resources of
   2-50  the foreign student and the student's family are considered.  The
   2-51  foreign student described in this section shall pay tuition equal
   2-52  to that charged Texas residents under Sections 54.051 and 54.0512
   2-53  of this code.  The coordinating board shall adopt rules governing
   2-54  the determination of financial need of students under this
   2-55  subsection and rules governing a pilot project to be established at
   2-56  general academic teaching institutions in counties that are not
   2-57  immediately adjacent to the nation in which the foreign student
   2-58  resides.
   2-59        SECTION 5.  Subchapter B, Chapter  54, Education Code, is
   2-60  amended by adding Section 54.0601 to read as follows:
   2-61        Sec. 54.0601.  NONRESIDENT TUITION RATES AT CERTAIN
   2-62  INSTITUTIONS.  On the written request of the governing board of a
   2-63  general academic teaching institution located not more than 100
   2-64  miles from the boundary of this state with another state, the Texas
   2-65  Higher Education Coordinating Board may set a nonresident tuition
   2-66  rate that is lower than the nonresident tuition rate otherwise
   2-67  provided by this chapter if the coordinating board determines that
   2-68  the lower rate is in the best interest of the institution and will
   2-69  not cause unreasonable harm to any other institution of higher
   2-70  education.
    3-1        SECTION 6.  Section 54.064(a), Education Code, is amended to
    3-2  read as follows:
    3-3        (a)  A student who holds a competitive academic scholarship
    3-4  of at least $500 <$200> for the academic year or summer for which
    3-5  the student is enrolled and who is either a nonresident or a
    3-6  citizen of a country other than the United States of America is
    3-7  entitled to pay the fees and charges required of Texas residents
    3-8  without regard to the length of time the student has resided in
    3-9  Texas. The student must compete with other students, including
   3-10  Texas residents, for the academic scholarship and the scholarship
   3-11  must be awarded by a scholarship committee officially recognized by
   3-12  the administration and be approved by the Texas Higher Education
   3-13  Coordinating Board under criteria developed by the board.
   3-14        SECTION 7.  Section 54.507, Education Code, is amended by
   3-15  amending Subsection (a) and by adding Subsections (d)-(f) to read
   3-16  as follows:
   3-17        (a)  The Board of Regents of The Texas A&M University System
   3-18  may levy and collect from each student at any institution of higher
   3-19  education which is a part of The Texas A&M University System a
   3-20  compulsory group hospital and medical services fee <of> not to
   3-21  exceed $75 <$25> for each regular semester and not to exceed $25
   3-22  <$12.50> for each term of each summer session.  The compulsory
   3-23  group hospital and medical services fee may not be levied unless
   3-24  the levy of the fee has been approved by a majority vote of those
   3-25  students at the affected institution participating in a general
   3-26  student election called for that purpose.
   3-27        (d)  If, in an academic year, the total compulsory fee
   3-28  charged under this section is more than 10 percent higher than the
   3-29  compulsory fee charged under this section for the previous academic
   3-30  year, the increase does not take effect unless the increase is
   3-31  approved by a majority vote of the students voting in an election
   3-32  held for that purpose.
   3-33        (e)  If, in an academic year, the total compulsory fee
   3-34  charged under this section is proposed to be increased by an amount
   3-35  less than 10 percent over that charged in the previous academic
   3-36  year, the Board of Regents of The Texas A&M University System may,
   3-37  in lieu of an election, hold a public meeting on the increase prior
   3-38  to its taking effect in which students have the opportunity to
   3-39  comment.
   3-40        (f)  An election under this section must also permit the
   3-41  students to vote on whether hospital and medical services should be
   3-42  provided to students at the institution by the institution or by a
   3-43  private entity.  The vote by the students on the responsibility for
   3-44  provision of hospital and medical services to students at the
   3-45  institution is not binding on the institution.
   3-46        SECTION 8.  Subchapter E, Chapter 54, Education Code, is
   3-47  amended by adding Section 54.5133 to read as follows:
   3-48        Sec. 54.5133.  MARTIN LUTHER KING, JR., STATUE FEE; THE
   3-49  UNIVERSITY OF TEXAS AT AUSTIN.  (a)  The board of regents of The
   3-50  University of Texas System may charge and collect from students
   3-51  registered at The University of Texas at Austin a fee of $1 for any
   3-52  semester or summer session.  The fee shall be used for funding the
   3-53  construction of a Martin Luther King, Jr., statue on the campus of
   3-54  The University of Texas at Austin and to establish Martin Luther
   3-55  King, Jr., student scholarships.
   3-56        (b)  Any funds raised in excess of the cost of the
   3-57  construction of the Martin Luther King, Jr., statue shall be used
   3-58  to establish Martin Luther King, Jr., student scholarships.
   3-59        (c)  The fees collected shall be deposited into the Martin
   3-60  Luther King, Jr., statue fee account for the purposes outlined in
   3-61  Subsections (a) and (b).
   3-62        SECTION 9.  Section 54.524(a), Education Code, is amended to
   3-63  read as follows:
   3-64        (a)  The board of regents of Texas Tech University may levy a
   3-65  regular fixed student fee not to exceed $50 <$20> per student for
   3-66  each semester of the long session and not to exceed $25 <$10> per
   3-67  student for each term of the summer session, or any fractional part
   3-68  thereof, as may in their discretion be just and necessary for the
   3-69  sole purpose of operating, maintaining, and improving the
   3-70  University Center.  The amount of the fee may be changed at any
    4-1  time within the limits specified in order to provide sufficient
    4-2  funds to support the center, but any increase in the <initial> fee
    4-3  of more than 10 percent from one academic year to the next must be
    4-4  approved by a majority vote of those students participating in a
    4-5  general election called for that purpose or by a majority vote of
    4-6  the student government.
    4-7        SECTION 10.  Sections 54.538(a), (b), and (c), Education
    4-8  Code, are amended to read as follows:
    4-9        (a)  If approved by student vote at a system institution, the
   4-10  Board of Regents, Texas State University System, may charge each
   4-11  student enrolled at such institution a recreational sports fee not
   4-12  to exceed $50 <$35> per semester or 10-week summer session or $25
   4-13  <$17.50> per five-week summer session.  The fee may be used to
   4-14  purchase equipment for and to construct, operate, and maintain
   4-15  recreational sports facilities and programs at the designated
   4-16  institution <university>.
   4-17        (b)  The recreation fee authorized by this section may not be
   4-18  <levied or> increased more than 10 percent from one academic year
   4-19  to the next unless the <levy of the fee or the> increase has been
   4-20  approved by a majority vote of those students at the affected
   4-21  institution participating in a general student election called for
   4-22  that purpose.  The fee may not exceed the amounts provided by
   4-23  Subsection (a).
   4-24        (c)  Each system institution <university> shall collect any
   4-25  student recreational sports fee imposed under this section and
   4-26  shall deposit the money collected in an account to be known as the
   4-27  student recreational sports account.
   4-28        SECTION 11.  Subchapter E, Chapter 54, Education Code, is
   4-29  amended by adding Section 54.542 to read as follows:
   4-31  (a)  The governing board of an institution of higher education
   4-32  shall charge a reasonable fee to each person registered in a
   4-33  continuing education course at the institution.  The board shall
   4-34  set the fee in an amount sufficient to permit the institution to
   4-35  recover the costs to the institution of providing the course.
   4-36        (b)  This section applies only to a course for which an
   4-37  institution does not collect tuition or receive formula funding,
   4-38  including an extension course, correspondence course, or other
   4-39  self-supporting course.
   4-40        (c)  Subchapters B and D do not apply to a fee charged under
   4-41  this section.
   4-42        SECTION 12.  Section 55.16, Education Code, is amended to
   4-43  read as follows:
   4-44        Sec. 55.16.  Rentals, Rates, Charges, and Fees.  (a)  Each
   4-45  board shall be authorized to fix and collect rentals, rates,
   4-46  charges, and <and/or> fees from students and others for the
   4-47  occupancy, services, use, and/or availability of all or any of its
   4-48  property, buildings, structures, activities, operations, or other
   4-49  facilities, in such amounts and in such manner as may be determined
   4-50  by the board; provided, however, that all student use fees shall be
   4-51  fixed and collected in proportion to the number of semester credit
   4-52  hours for which a student registers, and shall not exceed the
   4-53  amount permitted by Subsection (b) <$12 per semester hour>, except
   4-54  that those schools charging more than $6 per semester hour as of
   4-55  May 1, 1975, shall not exceed the amount being charged as of that
   4-56  date.  The board may waive all or any part of any such student use
   4-57  fees in the case of any student for whom the payment of such
   4-58  student use fee would cause an undue economic hardship, except that
   4-59  the number of such students for whom such waivers are granted shall
   4-60  not exceed 5% of the total enrollment; and further provided that
   4-61  nothing in this section shall affect, limit, or impair any pledge,
   4-62  covenant, or option made or reserved by the board with respect to
   4-63  any revenue bonds outstanding as of the 1975 amendment to this
   4-64  section, issued by the board pursuant to this chapter; and provided
   4-65  that hereafter if bonds are issued pursuant to Section 55.17 of
   4-66  this code, to be secured by a pledge of a limited or unlimited use
   4-67  fee, and if, at the time of authorizing the issuance of the bonds,
   4-68  (1) the estimated maximum amount per semester hour of such pledged
   4-69  use fee (based on then current enrollment and conditions) during
   4-70  any future semester necessary to provide for the payment of the
    5-1  principal of and interest on the bonds when due, together with (2)
    5-2  the aggregate amount of all use fees which were levied on a
    5-3  semester hour basis for the then current semester to pay the
    5-4  principal of and interest on all previously issued bonds, do not
    5-5  exceed the amount permitted by Subsection (b) <$12 per semester
    5-6  hour>, then such limited or unlimited use fee shall be levied and
    5-7  collected when and to the extent required by the resolution
    5-8  authorizing the issuance of the bonds in any amount required to
    5-9  provide for the payment of the principal of and interest on the
   5-10  bonds, regardless of any other provision of this section or the
   5-11  limitations contained herein.
   5-12        (b)  A board may not charge rentals, rates, charges, and fees
   5-13  under this section in a total amount per semester credit hour that
   5-14  exceeds the tuition rate per semester credit hour for a resident
   5-15  student at a general academic teaching institution under Subchapter
   5-16  B, Chapter 54, for the academic year in which the rentals, rates,
   5-17  charges, and fees are charged.  A board is not required to charge
   5-18  students enrolled in different degree programs at the institution
   5-19  the same rentals, rates, charges, and fees under this section.
   5-20        (c)  A board that charges rentals, rates, charges, and fees
   5-21  under this section in a total amount that exceeds $12 per semester
   5-22  credit hour may use the revenue collected from the part of the
   5-23  rentals, rates, charges, and fees that exceeds that amount as it
   5-24  determines appropriate, considering the needs, demands, role,
   5-25  scope, and mission of, and subject to the laws governing, the
   5-26  institution and the university system, if any, of which it is a
   5-27  part, and may use the revenue collected at an institution that is a
   5-28  component of a university system for the benefit of another
   5-29  institution in the university system.
   5-30        SECTION 13.  Section 61.059, Education Code, is amended by
   5-31  adding Subsection (m) to read as follows:
   5-32        (m)  For an institution that charges a reduced nonresident
   5-33  tuition rate under Section 54.0601, the board may not include in a
   5-34  formula under this section funding based on the number of
   5-35  nonresident students enrolled at the institution in excess of 10
   5-36  percent of the total number of students enrolled at the
   5-37  institution.
   5-38        SECTION 14.  Subchapter D, Chapter 54, Education Code, is
   5-39  amended by adding Section 54.212 to read as follows:
   5-40        Sec. 54.212.  TEXAS NATIONAL GUARD/ROTC STUDENTS.  (a)  In
   5-41  this section:
   5-42              (1)  "Exempt student" means an undergraduate student
   5-43  who meets all the requirements of Subsections (d) and (f).
   5-44              (2)  "Exemption" means exemption from tuition fees and
   5-45  lodging and board as described in Subsections (b) and (c).
   5-46              (3)  "ROTC institution" means an institution of higher
   5-47  education, as defined by Section 61.003, that maintains a Reserve
   5-48  Officers' Training Corps (ROTC).
   5-49              (4)  "Tuition fees" includes all dues, fees, and
   5-50  enrollment charges whatsoever for which exemptions may be lawfully
   5-51  made, including correspondence courses, general property deposit
   5-52  fees, and student services fees, but does not include fees or
   5-53  charges for lodging, board, or clothing.
   5-54        (b)(1)  The governing boards of ROTC institutions shall, for
   5-55  a period not to exceed four years, exempt from the payment of
   5-56  tuition fees a student selected by the ROTC institution's selection
   5-57  committee to receive such exemption.
   5-58              (2)  Participating ROTC institutions shall receive
   5-59  reimbursement for exempted tuition fees, lodging, and board charges
   5-60  and fees from appropriations made by the legislature.
   5-61        (c)  A student selected to receive an exemption from tuition
   5-62  fees shall be exempt from the ROTC institution's fees and charges
   5-63  for lodging and board for the first two years of enrollment.
   5-64        (d)  A student who is selected to receive an exemption under
   5-65  Subsections (b) and (c) shall be required to:
   5-66              (1)  be admitted to the institution's Reserve Officers'
   5-67  Training Corps program or be a participant in such a program;
   5-68              (2)  become a member of the Texas Army National Guard
   5-69  or the Texas Air National Guard and maintain satisfactory
   5-70  performance as prescribed by the adjutant general's department as a
    6-1  member in good standing during the term of their contractual
    6-2  obligation;
    6-3              (3)  possess and maintain from the date of enrollment
    6-4  through completion of the degree program the academic and personal
    6-5  conduct standards established by each ROTC institution;
    6-6              (4)  maintain a minimum full-time enrollment of 12
    6-7  credit hours each semester, including military science courses; and
    6-8              (5)  accept a commission in the Texas National Guard as
    6-9  a second lieutenant on graduation from the ROTC institution and
   6-10  serve no less than four years as a commissioned officer.
   6-11        (e)(1)  A maximum of 150 students shall be selected each
   6-12  academic year to receive an exemption.  The Texas Higher Education
   6-13  Coordinating Board, after consultation with representatives of the
   6-14  governing boards of ROTC institutions and the adjutant general,
   6-15  shall formulate and prescribe a plan governing the selection of
   6-16  students desiring to qualify for exemption under this section and
   6-17  the allocation of the exemptions available to each ROTC
   6-18  institution.
   6-19              (2)  The adjutant general and each participating ROTC
   6-20  institution shall make special efforts to recruit students for the
   6-21  program that reflect the state's ethnic, gender, and racial
   6-22  diversity.
   6-23              (3)  Each ROTC institution shall be allocated at least
   6-24  two exempt students each academic year.  The maximum number of
   6-25  exempt students for each ROTC institution will be determined by the
   6-26  percentage of the institution's Army and Air Force Reserve
   6-27  Officers' Training Corps enrollment in relation to statewide Army
   6-28  and Air Force Reserve Officers' Training Corps enrollment.
   6-29  Percentages shall be calculated during the fall semester of every
   6-30  odd-numbered year beginning September 1, 1995.  In the event an
   6-31  ROTC institution does not recruit its maximum percentage of exempt
   6-32  students, the Texas Higher Education Coordinating Board shall be
   6-33  informed by the ROTC institution of the number of excess exemptions
   6-34  and shall allocate excess exemptions to ROTC institutions which
   6-35  have attained maximum recruiting percentages but have additional
   6-36  students who are qualified under Subsection (f) to receive the
   6-37  exemption.
   6-38        (f)  Selection committees, consisting of three ROTC
   6-39  institution representatives designated by the commissioner of
   6-40  higher education, one of whom shall be a military science faculty
   6-41  member and a commissioned officer of the Texas National Guard
   6-42  appointed by the adjutant general, shall be established at ROTC
   6-43  institutions to review applications of students who have applied
   6-44  for the exemption and to determine which students qualify to
   6-45  receive the exemption set forth in this section.  Selection of
   6-46  qualified students shall be based on the following factors:
   6-47              (1)  individual qualifications, with emphasis on the
   6-48  leadership, communication, and organizational abilities and skills
   6-49  required of commissioned officers;
   6-50              (2)  the financial need of the applicant;
   6-51              (3)  the state's ethnic, racial, and gender diversity;
   6-52  and
   6-53              (4)  projected staffing requirements for the Texas
   6-54  National Guard.
   6-55        (g)  Except in the case of an exempt student who is called
   6-56  into active military service under Section 431.111, Government
   6-57  Code, during the student's enrollment at an ROTC institution
   6-58  exemption from tuition fees shall be limited to four years, and
   6-59  exemption from lodging and board fees and charges shall be limited
   6-60  to the first two years of enrollment at the institution.
   6-61  Extensions of the exemption shall be granted for periods of active
   6-62  military duty required of the student that occur during the
   6-63  student's four-year exemption period.
   6-64        (h)(1)  In the event a student fails to maintain exempt
   6-65  status as set forth in Subsection (d), the student shall be
   6-66  required to:
   6-67                    (A)  serve the remainder of the student's
   6-68  contractual obligation as an enlisted member of the Texas National
   6-69  Guard; or
   6-70                    (B)  if unable or unwilling to fulfill the terms
    7-1  of the contractual obligation, repay to the State of Texas the
    7-2  amount of the exemption received for tuition fees, lodging, and
    7-3  board charges and fees received by the student.  Repayment must be
    7-4  completed within five years after the date of the act or
    7-5  circumstance that resulted in the student's ineligibility.
    7-6              (2)  The student's option shall be subject to approval
    7-7  by the selection committee of the student's ROTC institution.
    7-8        SECTION 15.  Section 54.0511, Education Code, is repealed.
    7-9        SECTION 16.  (a)  Except as provided by Subsections (b) and
   7-10  (d) of this section, this Act applies beginning with tuition, fees,
   7-11  and other charges imposed for the fall semester of 1995.
   7-12        (b)  The change in law made by this Act to Section 54.064,
   7-13  Education Code, applies beginning with tuition charged for the fall
   7-14  semester of 1995, except that a student awarded a scholarship
   7-15  before September 1, 1995, for a semester or term of the 1995-1996
   7-16  academic year that would have made the student eligible to pay
   7-17  resident tuition under Section 54.064 as that section existed on
   7-18  January 1, 1995, is covered by Section 54.064 as that section
   7-19  existed on January 1, 1995, for each semester or term of the
   7-20  1995-1996 academic year for which the student receives the
   7-21  scholarship.
   7-22        (c)  The Texas Higher Education Coordinating Board shall
   7-23  compute the nonresident tuition applicable to the 1995-1996
   7-24  academic year under Section 54.051(d), Education Code, as amended
   7-25  by this Act, as soon as practicable after this Act takes effect.
   7-26  In computing that tuition rate, the board shall use nonresident
   7-27  tuition rates for the other states in effect for the 1994-1995
   7-28  academic year.
   7-29        (d)  The exemptions authorized by Section 54.212, Education
   7-30  Code, as added by this Act, take effect beginning with the
   7-31  1996-1997 academic year.  Implementation of the exemption program
   7-32  authorized by Section 54.212, Education Code, as added by this Act,
   7-33  is contingent upon appropriations being made by the legislature for
   7-34  the specified purposes of the program.
   7-35        SECTION 17.  The fee authorized by Section 54.5133, Education
   7-36  Code, as added by this Act, expires on August 31, 1999.
   7-37        SECTION 18.  The importance of this legislation and the
   7-38  crowded condition of the calendars in both houses create an
   7-39  emergency and an imperative public necessity that the
   7-40  constitutional rule requiring bills to be read on three several
   7-41  days in each house be suspended, and this rule is hereby suspended,
   7-42  and that this Act take effect and be in force from and after its
   7-43  passage, and it is so enacted.
   7-44                               * * * * *