By Swinford                                           H.R. No. 1260

         75R17329 CAG-D                           

                                 R E S O L U T I O N

 1-1           BE IT RESOLVED by the House of Representatives of the State

 1-2     of Texas, 75th Legislature, Regular Session, 1997, That House Rule

 1-3     13, Section 9(a), be suspended in part as provided by House Rule

 1-4     13, Section 9(f), to enable the conference committee appointed to

 1-5     resolve the differences on Senate Bill No. 1907 to consider and

 1-6     take action on the following matters:

 1-7           (1)  House Rule 13, Section 9(a)(4), is suspended to permit

 1-8     the committee to add new SECTIONS of the bill to read as follows:

 1-9           SECTION 1.07.  Subchapter C, Chapter 61, Education Code, is

1-10     amended by adding Section 61.0595 to read as follows:

1-11           Sec. 61.0595.  FUNDING FOR CERTAIN EXCESS UNDERGRADUATE

1-12     CREDIT HOURS.  (a)  In the formulas established under Section

1-13     61.059, the board may not include funding for semester credit hours

1-14     earned by a resident undergraduate student who before the semester

1-15     or other academic session begins has previously attempted 170 or

1-16     more semester credit hours for courses taken at any institution of

1-17     higher education while classified as a resident student for tuition

1-18     purposes.

1-19           (b)  Subsection (a) does not apply to a student enrolled in:

1-20                 (1)  two or more baccalaureate degree programs at the

1-21     same time;

1-22                 (2)  a double major degree program that requires 130 or

1-23     more semester credits for completion; or

1-24                 (3)  a health professional baccalaureate degree

 2-1     program.

 2-2           (c)  For a student enrolled in a baccalaureate program under

 2-3     Section 51.931, semester credit hours earned by the student 10 or

 2-4     more years before the date the student begins the new degree

 2-5     program under Section 51.931 are not counted for purposes of

 2-6     determining whether the student has previously earned the number of

 2-7     semester credit hours specified by Subsection (a).

 2-8           (d)  The following are not counted for purposes of

 2-9     determining whether the student has previously earned the number of

2-10     semester credit hours specified by Subsection (a):

2-11                 (1)  semester credit hours earned by the student before

2-12     receiving a baccalaureate degree that has previously been awarded

2-13     to the student;

2-14                 (2)  semester credit hours earned by the student by

2-15     examination or under any other procedure by which credit is earned

2-16     without registering for a course for which tuition is charged;

2-17                 (3)  credit for a remedial education course or another

2-18     course that does not count toward a degree program at the

2-19     institution; and

2-20                 (4)  semester credit hours earned by the student at a

2-21     private institution or an out-of-state institution.

2-22           SECTION 1.08.  Subchapter B, Chapter 54, Education Code, is

2-23     amended by adding Section 54.068 to read as follows:

2-24           Sec. 54.068.  TUITION FOR EXCESSIVE UNDERGRADUATE HOURS.  An

2-25     institution of higher education may charge a resident student

2-26     tuition at a higher rate than the rate charged to other resident

2-27     students, not to exceed the rate charged to nonresident students,

 3-1     for a course for which Section 61.0595 requires the coordinating

 3-2     board to exclude funding for the semester credit hours for which

 3-3     the student registers if the student has previously attempted 170

 3-4     or more semester credit hours.  In its appropriations to

 3-5     institutions of higher education, the legislature shall compute the

 3-6     local funds available to each institution as if the tuition

 3-7     collected under this section were not collected.

 3-8           SECTION 1.09.  Subchapter A, Chapter 54, Education Code, is

 3-9     amended by adding Section 54.0065 to read as follows:

3-10           Sec. 54.0065.  TUITION REBATE FOR CERTAIN UNDERGRADUATES.

3-11     (a)  A qualified student is eligible for a rebate of a portion of

3-12     the undergraduate tuition the student has paid if the student:

3-13                 (1)  is awarded a baccalaureate degree from a general

3-14     academic teaching institution; and

3-15                 (2)  has attempted no more than three hours in excess

3-16     of the minimum number of semester credit hours required to complete

3-17     the degree, including transfer credits and course credit earned

3-18     exclusively by examination.

3-19           (b)  The amount of tuition to be rebated to a student under

3-20     this section is $1,000, unless the total amount of undergraduate

3-21     tuition paid by the student to the institution of higher education

3-22     awarding the degree was less than $1,000, in which event the amount

3-23     of tuition to be rebated is an amount equal to the amount of

3-24     undergraduate tuition paid by the student to the institution.

3-25     However, a student who paid the institution awarding the degree an

3-26     amount of undergraduate tuition less than $1,000 may qualify for an

3-27     increase in the amount of the rebate, not to exceed a total rebate

 4-1     of $1,000, for any amount of undergraduate tuition the student paid

 4-2     to other institutions of higher education by providing the

 4-3     institution with proof of the total amount of that tuition paid to

 4-4     other institutions of higher education.

 4-5           (c)  A student who has transferred from another institution

 4-6     of higher education shall provide the institution awarding the

 4-7     degree an official transcript from each institution attended by the

 4-8     student in order that the total number of hours attempted by the

 4-9     student can be verified.

4-10           (d)  To qualify for a rebate under this section, the student

4-11     must have been a resident of this state and entitled to pay tuition

4-12     at the rate provided by this chapter for a resident student at all

4-13     times while pursuing the degree.

4-14           (e)  All institutions of higher education shall notify each

4-15     first-time freshman student of the tuition rebate program.

4-16           (f)  The institution awarding the degree shall pay the rebate

4-17     under this section from local funds.

4-18           (g)  If a student entitled to a rebate under this section has

4-19     an outstanding student loan, including an emergency loan, owed or

4-20     guaranteed by this state, including the Texas Guaranteed Student

4-21     Loan Corporation, the institution shall apply the amount of the

4-22     rebate to the student's loan.  If a student has more than one

4-23     outstanding loan, the institution shall apply the amount of the

4-24     rebate to the loans as directed by the student or, if the student

4-25     fails to provide timely instructions on the application of the

4-26     amount, the institution shall apply the amount of the rebate to the

4-27     loans according to priorities established by the coordinating

 5-1     board.  If the amount of the rebate exceeds the amount of the loan

 5-2     indebtedness, the institution shall pay the student the excess

 5-3     amount.

 5-4           (h)  The legislature shall account in the General

 5-5     Appropriations Act for the rebates authorized by this section in a

 5-6     way that provides a corresponding increase in the general revenue

 5-7     funds appropriated to the institution.  It is the intent of the

 5-8     legislature that rebates authorized by this section shall be

 5-9     financed by savings to the state resulting from reductions in the

5-10     number of courses taken by undergraduate students.

5-11           (i)  The coordinating board, in consultation with the

5-12     institutions of higher education, shall adopt rules for the

5-13     administration of this section.

5-14           Explanation:  This change is necessary in order to discourage

5-15     the accumulation of unnecessary semester credit hours by

5-16     undergraduates at the expense of the state and to provide an

5-17     incentive to students to complete their degree plan on time.

5-18           (2)  House Rule 13, Section 9(a)(4), is suspended to permit

5-19     the committee to add new SECTIONS of the bill to read as follows:

5-20           SECTION 1.10.  Subsection (a), Section 54.5131, Education

5-21     Code, is amended to read as follows:

5-22           (a)  The board of regents of The University of Texas System

5-23     may charge and collect from students registered at The University

5-24     of Texas at Austin a fee of $2 if approved by the students in a

5-25     student referendum [$1] for any semester or summer session.  The

5-26     fee may be increased to an amount not to exceed $4 if approved by

5-27     the students in a student referendum.  The fee may be used only for

 6-1     funding an international education program [financial aid fund] to

 6-2     be used to assist students participating in international student

 6-3     exchange or study programs.

 6-4           SECTION 1.11.  Section 54.532, Education Code, is amended to

 6-5     read as follows:

 6-6           Sec. 54.532.  STUDENT UNION BUILDING FEES; THE UNIVERSITY OF

 6-7     TEXAS AT SAN ANTONIO.  (a)  The board of regents of The University

 6-8     of Texas System may levy a student union fee of not less than $20

 6-9     or more than $75 for each semester or summer session, assessed in

6-10     proportion to the number of credit hours for which a student

6-11     registers, [not to exceed $30 per student for each regular semester

6-12     and not to exceed $15 per student for each term of the summer

6-13     session,] for the sole purpose of financing, [constructing,]

6-14     operating, maintaining, and improving a student union building for

6-15     The University of Texas at San Antonio.  This fee may be levied in

6-16     addition to any other use or service fee.  [Furthermore, the fee

6-17     may be levied only upon an affirmative vote of a majority of the

6-18     student body voting of The University of Texas at San Antonio.]

6-19           (b)  The fees collected under Subsection (a) of this section

6-20     shall be deposited to an account known as The University of Texas

6-21     at San Antonio University Center Fee Account and shall be placed

6-22     under the control of and subject to the order of the university

6-23     center advisory committee.  The committee shall annually submit to

6-24     the president of The University of Texas at San Antonio a complete

6-25     and itemized budget to be accompanied by a full and complete report

6-26     of all activities conducted during the past year and all

6-27     expenditures made incident to those activities.  The president

 7-1     shall submit the budget to the board of regents as part of the

 7-2     institutional budget.  The board of regents shall make such changes

 7-3     in the budget as it deems necessary before approving the budget[,

 7-4     but only after a student referendum has been called on the issue of

 7-5     increase in the fee, and the issue has been approved by a majority

 7-6     of the students voting in the election].  The board shall then levy

 7-7     the fees, within the limits fixed in this section, in such amounts

 7-8     as will be sufficient to meet the budgetary needs of the student

 7-9     union building.

7-10           (c)  The board may not increase the amount of the student

7-11     union fee by more than 10 percent in any academic year unless the

7-12     amount of the increase is approved by a majority of the students

7-13     voting in an election held for that purpose and by a majority of

7-14     the student government of the institution.

7-15           Explanation:  This change is necessary in order to allow the

7-16     board of regents of The University of Texas System to increase the

7-17     student union building fees at The University of Texas at San

7-18     Antonio and to increase the international education fee at The

7-19     University of Texas at Austin.

7-20           (3)  House Rule 13, Sections 9(a)(1), (3), and (4), are

7-21     suspended to permit the committee to add the following new SECTION

7-22     3.02(b) of the bill to read as follows:

7-23           (b)  Except as otherwise provided in this section, the

7-24     changes in law made by this Act apply beginning with tuition and

7-25     fees charged for the 1997 fall semester.  Section 54.068, Education

7-26     Code, as added by this Act, applies beginning with tuition charged

7-27     for the 1999 fall semester.  Section 54.0065, Education Code, as

 8-1     added by this Act, applies only to students entering a

 8-2     baccalaureate degree program on or after September 1, 1997.

 8-3     Section 61.0595, Education Code, as added by this Act, applies to

 8-4     funding beginning with the 1999 fall semester.

 8-5           Explanation:  This change is necessary in order to provide

 8-6     dates for implementing the changes in law made in Subdivision (1)

 8-7     of this resolution.