By Swinford                                     H.B. No. 2456

      75R2867 JSA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to state funding for and tuition charged to certain

 1-3     undergraduate students who accumulate excessive credit hours and to

 1-4     the number of credit hours required in a degree program.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter C, Chapter 61, Education Code, is

 1-7     amended by adding Section 61.0595  to read as follows:

 1-8           Sec. 61.0595.  FUNDING FOR CERTAIN EXCESS UNDERGRADUATE

 1-9     CREDIT HOURS.  (a)  In the formulas established under Section

1-10     61.059, the board may not include funding for semester credit hours

1-11     earned by a resident undergraduate student who before the semester

1-12     or other academic session begins has previously earned 170 or more

1-13     semester credit hours for courses taken at any institution of

1-14     higher education while classified as a resident student for tuition

1-15     purposes.

1-16           (b)  For a student enrolled in a baccalaureate program under

1-17     Section 51.931, semester credit hours earned by the student 10 or

1-18     more years before the date the student begins the new degree

1-19     program under Section 51.931 are not counted for purposes of

1-20     determining whether the student has previously earned the number of

1-21     semester credit hours specified by Subsection (a).

1-22           (c)  The following are not counted for purposes of

1-23     determining whether the student has previously earned the number of

1-24     semester credit hours specified by Subsection (a):

 2-1                 (1)  semester credit hours earned by the student before

 2-2     receiving a baccalaureate degree that has previously been awarded

 2-3     to the student;

 2-4                 (2)  semester credit hours earned by the student by

 2-5     examination or under any other procedure by which credit is earned

 2-6     without registering for a course for which tuition is charged; and

 2-7                 (3)  credit for a remedial education course or another

 2-8     course that does not count toward a degree program at the

 2-9     institution.

2-10           SECTION 2.  Subchapter B, Chapter 54, Education Code, is

2-11     amended by adding Section 54.068 to read as follows:

2-12           Sec. 54.068.  TUITION FOR EXCESSIVE UNDERGRADUATE HOURS.  An

2-13     institution of higher education may charge a resident student

2-14     tuition at a higher rate than the rate charged to other resident

2-15     students, not to exceed the rate charged to nonresident students,

2-16     for a course for which Section 61.0595 requires the Texas Higher

2-17     Education Coordinating Board to exclude funding for the semester

2-18     credit hours that the student would earn if the student completed

2-19     the course.

2-20           SECTION 3.  Subchapter C, Chapter 61, Education Code, is

2-21     amended by adding Sections 61.0551 and 61.0552 to read as follows:

2-22           Sec. 61.0551.  CREDIT HOURS REQUIRED FOR DEGREE.  (a)  An

2-23     institution of higher education may not require a student to

2-24     complete more than 120 semester credit hours to complete a

2-25     baccalaureate degree program, except as otherwise provided by this

2-26     section.

2-27           (b)  The board may permit an institution to require a student

 3-1     to complete more than the number of semester credit hours permitted

 3-2     by Subsection (a) to complete a baccalaureate degree program if the

 3-3     institution establishes to the satisfaction of the board that the

 3-4     requirement is reasonable considering the requirements for

 3-5     comparable degree programs at other institutions, applicable

 3-6     accreditation standards, professional trends  and licensing

 3-7     requirements in the field, and other relevant factors.  The board

 3-8     shall require an institution that receives approval of the semester

 3-9     credit hour requirement for a degree program under this subsection

3-10     to reestablish the reasonableness of the requirement for that

3-11     degree program every five years.

3-12           (c)  Subsection (a) does not prohibit a student from

3-13     completing more semester hours than required for the degree

3-14     program.

3-15           (d)  Subsection (a)  does not apply to a degree program in

3-16     existence on January 1, 1997, until September 1, 2002.  On and

3-17     after that date, every baccalaureate degree program at an

3-18     institution of higher education must comply with this section.

3-19           Sec. 61.0552.  INVENTORY OF PREREQUISITES.  In connection

3-20     with its other duties under this subchapter, the board shall

3-21     maintain an up-to-date inventory of the prerequisites required for

3-22     each degree or certificate program at each institution of higher

3-23     education other than a junior college.

3-24           SECTION 4.  (a)  This Act takes effect September 1, 1997.

3-25           (b)  The change in law made by Section 1 of this Act applies

3-26     only to a funding formula established under Section 61.059,

3-27     Education Code, on or after the effective date of this Act and does

 4-1     not affect a formula established before the effective date.

 4-2           (c)  Section 54.068, Education Code, as added by this Act,

 4-3     applies beginning with tuition charged for the 1999 fall semester.

 4-4           SECTION 5.  The importance of this legislation and the

 4-5     crowded condition of the calendars in both houses create an

 4-6     emergency and an imperative public necessity that the

 4-7     constitutional rule requiring bills to be read on three several

 4-8     days in each house be suspended, and this rule is hereby suspended.