MMA C.S.H.B. 1548 75(R)BILL ANALYSIS HIGHER EDUCATION C.S.H.B. 1548 By: Turner, Sylvester 4-12-97 Committee Report (Substituted) BACKGROUND At present, when two college districts split a geographical area the residents must go to the community college district that they reside in or pay non-resident tuition and fees to the other community college district. Although an individual may live in one junior college district but another community college is closer in proximity to that person's residence, they are still obligated to pay non-resident tuition and fees. Additionally, some students come from independent school districts that are "low-wealth" and/or rural and who do not qualify under the Texas Higher Education Coordinating Board (THECB) rules to create their own community college district. These students usually cannot afford a community college district's non-resident fee. This bill would give community college districts the flexibility needed to meet the educational needs of students who are financially incapable of paying higher fees. PURPOSE C.S.H.B. 1548 would allow the governing board of a public junior college district to waive tuition and fees for certain students. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 130.003 (b), Education Code, to read as follows: (b) Requires a public junior college, in order to be eligible for and to receive a proportionate share of the appropriation to: (1) be certified as prescribed in Section 61.063; (2) offer a minimum of 24 semester hours of vocational and/or terminal courses; (3) have complied with all laws, rules, and regulations governing the establishment and maintenance of public junior colleges; (4) collect, from each full-time and part-time student, matriculation and fees required by Section 54.051. However, allows the governing board of a public junior college district to waive: (A) the difference in the rate of tuition for non-resident and resident students if a person pays property taxes by the junior college district; (B) the difference in the rate of tuition and fees for non-resident and resident students if a person resides in the taxing district of a neighboring public junior college district; or (C) all or part of the difference in the rate of tuition and fees for nonresident and resident students if a person resides in the service area of the junior college district, but not in an independent school district that meets the criteria of THECB for the establishment of a junior college district under Section 130.013; (5) grant scholarships and tuition exemptions provided by the Education Code; and (6) levy and collect ad valorem taxes as provided by law for the operation and maintenance of a public junior college established by September 1, 1986. SECTION 2. Effective beginning with tuition and fees charged for the fall semester, 1997. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE H.B. 1548 amended Section 54.051(n), Education Code, by adding language that allows the governing board of a junior college to charge registration fees in addition to tuition for nonresident students. This would allow the governing board to set different registration fees for certain students as the board considered appropriate. C.S.H.B. 1548 instead, amends the caption to include tuition and amends Section 130.003 (b) of the Education Code by adding (B) and (C) to (4) and subdividing (4) to give authority to the governing board of a public junior college district to waive tuition and fees for certain students.