1-1 By: Bivins S.B. No. 1485 1-2 (In the Senate - Filed March 13, 1997; March 20, 1997, read 1-3 first time and referred to Committee on Finance; April 9, 1997, 1-4 reported adversely, with favorable Committee Substitute by the 1-5 following vote: Yeas 11, Nays 0; April 9, 1997, sent to printer.) 1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1485 By: Bivins 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the tuition charged to certain students at public 1-10 institutions of higher education and to state funding related to 1-11 those students. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter B, Chapter 54, Education Code, is 1-14 amended by adding Section 54.068 to read as follows: 1-15 Sec. 54.068. INCREASED TUITION FOR CERTAIN RESIDENT 1-16 UNDERGRADUATE STUDENTS. (a) For a student enrolled in a 1-17 baccalaureate program at an institution of higher education who is 1-18 otherwise entitled to pay tuition at the rate provided by this 1-19 chapter for a resident student, the governing board of the 1-20 institution may charge tuition up to the rate charged to 1-21 nonresident students for any course for which the student registers 1-22 if the student has previously earned 170 or more semester credit 1-23 hours for courses taken as an undergraduate student at any 1-24 institution of higher education. In its appropriations to 1-25 institutions of higher education, the legislature shall compute the 1-26 local funds available to each institution as if the tuition 1-27 collected under this subsection were not collected. 1-28 (b) Subsection (a) does not apply to a student enrolled in: 1-29 (1) two or more baccalaureate degree programs at the 1-30 same time; 1-31 (2) a double major degree program that requires 130 or 1-32 more semester credits for completion; or 1-33 (3) a health professional baccalaureate degree program 1-34 at a medical or dental unit as defined in Section 61.003. 1-35 (c) For a student admitted to a baccalaureate degree program 1-36 who begins that program at least one year after being awarded a 1-37 previous baccalaureate degree by an institution of higher education 1-38 in a different major, semester credit hours earned by the student 1-39 while enrolled in the previous baccalaureate degree program are not 1-40 counted for purposes of determining whether the student has 1-41 previously earned the number of semester credit hours specified by 1-42 Subsection (a). 1-43 (d) For a student enrolled in a baccalaureate program under 1-44 Section 51.931, semester credit hours earned by the student 10 or 1-45 more years before the date the student begins the new degree 1-46 program under Section 51.931 are not counted for purposes of 1-47 determining whether the student has previously earned the number of 1-48 semester credit hours specified by Subsection (a). 1-49 (e) The following semester credit hours are not counted for 1-50 purposes of determining whether the student has previously earned 1-51 the number of semester credit hours specified by Subsection (a): 1-52 (1) semester credit hours for which the institution 1-53 may not receive funding under the formulas established under 1-54 Section 61.059; or 1-55 (2) credit for remedial education courses or any other 1-56 courses that do not count toward a degree program at the 1-57 institution. 1-58 (f) In consultation with institutions of higher education, 1-59 the Texas Higher Education Coordinating Board shall adopt rules to 1-60 provide for the administration and uniform application of this 1-61 section. 1-62 SECTION 2. Subchapter A, Chapter 54, Education Code, is 1-63 amended by adding Section 54.0065 to read as follows: 1-64 Sec. 54.0065. TUITION REBATE FOR CERTAIN UNDERGRADUATES. 2-1 (a) A qualified student is eligible for a rebate of a portion of 2-2 the undergraduate tuition the student has paid if the student: 2-3 (1) is awarded a baccalaureate degree from a general 2-4 academic teaching institution; and 2-5 (2) has attempted no more than three hours in excess 2-6 of the minimum number of semester credit hours required to complete 2-7 the degree, including transfer credits and course credit earned 2-8 exclusively by examination. 2-9 (b) The amount of tuition to be rebated to a student under 2-10 this section is $1,000, unless the total amount of tuition paid by 2-11 the student to the institution of higher education awarding the 2-12 degree was less than $1,000, in which event the amount of tuition 2-13 to be rebated is an amount equal to the amount of tuition paid by 2-14 the student. If the student has paid the institution awarding the 2-15 degree less than $1,000, the student may qualify for a $1,000 2-16 rebate by providing the institution with proof of the total amount 2-17 of tuition paid to an institution of higher education. 2-18 (c) A student who has transferred from another institution 2-19 of higher education shall provide the institution awarding the 2-20 degree an official transcript from each institution attended by the 2-21 student in order that the total number of hours attempted by the 2-22 student can be verified. 2-23 (d) To qualify for a rebate under this section, the student 2-24 must have been a resident of this state and entitled to pay tuition 2-25 at the rate provided by this chapter for a resident student at all 2-26 times while pursuing the degree. 2-27 (e) All institutions of higher education shall notify each 2-28 first-time freshman student of the tuition rebate program. 2-29 (f) The institution awarding the degree shall pay the rebate 2-30 under this section from local funds. 2-31 (g) The legislature shall account in the General 2-32 Appropriations Act for the rebates authorized by this section in a 2-33 way that provides a corresponding increase in the general revenue 2-34 funds appropriated to the institution. It is the intent of the 2-35 legislature that rebates authorized by this section shall be 2-36 financed by savings to the state resulting from reductions in the 2-37 number of courses taken by undergraduate students. 2-38 (h) The Texas Higher Education Coordinating Board, in 2-39 consultation with the institutions of higher education, shall adopt 2-40 rules for the administration of this section. 2-41 SECTION 3. Section 61.059, Education Code, is amended by 2-42 adding Subsection (n) to read as follows: 2-43 (n) The board may not include in any formula under this 2-44 section funding based on undergraduate resident students who have 2-45 earned a total of 170 or more semester credit hours for courses 2-46 taken as an undergraduate student at any institution of higher 2-47 education if the institution is entitled to charge tuition to such 2-48 students at the rate charged to nonresident students under Section 2-49 54.068. 2-50 SECTION 4. (a) Section 54.068, Education Code, and 2-51 Subsection (n), Section 61.059, Education Code, as added by this 2-52 Act, apply only to tuition and funding for students who enter an 2-53 institution of higher education as first-time freshmen in or after 2-54 the 1997 fall semester. 2-55 (b) Section 54.0065, Education Code, as added by this Act, 2-56 applies only to students who enter an institution of higher 2-57 education as first-time freshmen in or after the 1997 fall 2-58 semester. 2-59 SECTION 5. The importance of this legislation and the 2-60 crowded condition of the calendars in both houses create an 2-61 emergency and an imperative public necessity that the 2-62 constitutional rule requiring bills to be read on three several 2-63 days in each house be suspended, and this rule is hereby suspended, 2-64 and that this Act take effect and be in force from and after its 2-65 passage, and it is so enacted. 2-66 * * * * *