By: Bivins S.B. No. 1485 97S0755/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to the tuition charged to certain students at public 1-2 institutions of higher education and to state funding related to 1-3 those students. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 54, Education Code, is 1-6 amended by adding Section 54.068 to read as follows: 1-7 Sec. 54.068. INCREASED TUITION FOR CERTAIN RESIDENT 1-8 UNDERGRADUATE STUDENTS. (a) For a student enrolled in a 1-9 baccalaureate program at an institution of higher education who is 1-10 otherwise entitled to pay tuition at the rate provided by this 1-11 chapter for a resident student, the governing board of the 1-12 institution may charge tuition at the rate charged to nonresident 1-13 students for any course for which the student registers if the 1-14 student has previously earned 170 or more semester credit hours for 1-15 courses taken as an undergraduate student at any institution of 1-16 higher education. 1-17 (b) Subsection (a) does not apply to a student enrolled in: 1-18 (1) two or more baccalaureate degree programs at the 1-19 same time; 1-20 (2) a double major degree program that requires 130 or 1-21 more semester credits for completion; or 1-22 (3) a health professional baccalaureate degree program 1-23 at a medical or dental unit as defined in Section 61.003. 2-1 (c) For a student admitted to a baccalaureate degree program 2-2 who begins that program at least two years after being awarded a 2-3 previous baccalaureate degree by an institution of higher education 2-4 in a different major, semester credit hours earned by the student 2-5 while enrolled in the previous baccalaureate degree program are not 2-6 counted for purposes of determining whether the student has 2-7 previously earned the number of semester credit hours specified by 2-8 Subsection (a). 2-9 (d) For a student enrolled in a baccalaureate program under 2-10 Section 51.931, semester credit hours earned by the student 10 or 2-11 more years before the date the student begins the new degree 2-12 program under Section 51.931 are not counted for purposes of 2-13 determining whether the student has previously earned the number of 2-14 semester credit hours specified by Subsection (a). 2-15 (e) The following semester credit hours are not counted for 2-16 purposes of determining whether the student has previously earned 2-17 the number of semester credit hours specified by Subsection (a): 2-18 (1) semester credit hours for which the institution 2-19 may not receive funding under the formulas established under 2-20 Section 61.059; or 2-21 (2) credit for remedial education courses or any other 2-22 courses that do not count toward a degree program at the 2-23 institution. 2-24 (f) In consultation with institutions of higher education, 2-25 the Texas Higher Education Coordinating Board shall adopt rules to 3-1 provide for the administration and uniform application of this 3-2 section. 3-3 SECTION 2. Subchapter A, Chapter 54, Education Code, is 3-4 amended by adding Section 54.0065 to read as follows: 3-5 Sec. 54.0065. TUITION REBATE FOR CERTAIN UNDERGRADUATES. 3-6 (a) A qualified student is eligible for a rebate of a portion of 3-7 the undergraduate tuition the student has paid if the student: 3-8 (1) is awarded a baccalaureate degree from a general 3-9 academic teaching institution; and 3-10 (2) has attempted no more than six hours in excess of 3-11 the minimum number of semester credit hours required to complete 3-12 the degree, including transfer credits and course credit earned 3-13 exclusively by examination. 3-14 (b) The amount of tuition to be rebated to a student under 3-15 this section is $1,000, unless the total amount of tuition paid by 3-16 the student to the institution of higher education awarding the 3-17 degree was less than $1,000, in which event the amount of tuition 3-18 to be rebated is an amount equal to the amount of tuition paid by 3-19 the student. If the student has paid the institution awarding the 3-20 degree less than $1,000, the student may qualify for a $1,000 3-21 rebate by providing the institution with proof of the total amount 3-22 of tuition paid to an institution of higher education. 3-23 (c) A student who has transferred from another institution 3-24 of higher education shall provide the institution awarding the 3-25 degree an official transcript from each institution attended by the 4-1 student in order that the total number of hours attempted by the 4-2 student can be verified. 4-3 (d) To qualify for a rebate under this section, the student 4-4 must have been a resident of this state and entitled to pay tuition 4-5 at the rate provided by this chapter for a resident student at all 4-6 times while pursuing the degree. 4-7 (e) All institutions of higher education shall notify each 4-8 first-time freshman student of the tuition rebate program. 4-9 (f) The institution awarding the degree shall pay the rebate 4-10 under this section from local funds. 4-11 (g) The legislature shall account in the General 4-12 Appropriations Act for the rebates authorized by this section in a 4-13 way that provides a corresponding increase in the general revenue 4-14 funds appropriated to the institution. It is the intent of the 4-15 legislature that rebates authorized by this section shall be 4-16 financed by savings to the state resulting from reductions in the 4-17 number of courses taken by undergraduate students. 4-18 (h) The Texas Higher Education Coordinating Board, in 4-19 consultation with the institutions of higher education, shall adopt 4-20 rules for the administration of this section. 4-21 SECTION 3. Section 61.059, Education Code, is amended by 4-22 adding Subsection (n) to read as follows: 4-23 (n) The board may not include in any formula under this 4-24 section funding based on undergraduate resident students who have 4-25 earned a total of 170 or more semester credit hours for courses 5-1 taken as an undergraduate student at any institution of higher 5-2 education if the institution is entitled to charge tuition to such 5-3 students at the rate charged to nonresident students under Section 5-4 54.068. 5-5 SECTION 4. (a) Section 54.068, Education Code, as added by 5-6 this Act, applies beginning with tuition charged for the 1997 fall 5-7 semester. 5-8 (b) Section 54.0065, Education Code, as added by this Act, 5-9 applies only to students completing a baccalaureate degree program 5-10 on or after September 1, 1997. 5-11 (c) Subsection (n), Section 61.059, Education Code, as added 5-12 by this Act, applies to funding beginning with the 1997 fall 5-13 semester. 5-14 SECTION 5. The importance of this legislation and the 5-15 crowded condition of the calendars in both houses create an 5-16 emergency and an imperative public necessity that the 5-17 constitutional rule requiring bills to be read on three several 5-18 days in each house be suspended, and this rule is hereby suspended, 5-19 and that this Act take effect and be in force from and after its 5-20 passage, and it is so enacted.