By:  Bivins                                            S.R. No. 921

                                  SENATE RESOLUTION

 1-1           BE IT RESOLVED by the Senate of the State of Texas, 75th

 1-2     Legislature, Regular Session, 1997, That Senate Rule 12.03 be

 1-3     suspended in part as provided by Senate Rule 12.08 to enable the

 1-4     conference committee appointed to resolve the differences on Senate

 1-5     Bill No. 1907 to consider and take action on the addition of the

 1-6     following text:

 1-7           (1)  Senate Rule 12.03(4) is suspended to permit the

 1-8     committee to add the following text:

 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

 2-1                 (3)  a health professional baccalaureate degree

 2-2     program.

 2-3           (c)  For a student enrolled in a baccalaureate program under

 2-4     Section 51.931, semester credit hours earned by the student 10 or

 2-5     more years before the date the student begins the new degree

 2-6     program under Section 51.931 are not counted for purposes of

 2-7     determining whether the student has previously earned the number of

 2-8     semester credit hours specified by Subsection (a).

 2-9           (d)  The following are not counted for purposes of

2-10     determining whether the student has previously earned the number of

2-11     semester credit hours specified by Subsection (a):

2-12                 (1)  semester credit hours earned by the student before

2-13     receiving a baccalaureate degree that has previously been awarded

2-14     to the student;

2-15                 (2)  semester credit hours earned by the student by

2-16     examination or under any other procedure by which credit is earned

2-17     without registering for a course for which tuition is charged;

2-18                 (3)  credit for a remedial education course or another

2-19     course that does not count toward a degree program at the

2-20     institution; and

2-21                 (4)  semester credit hours earned by the student at a

2-22     private institution or an out-of-state institution.

2-23           SECTION 1.08.  Subchapter B, Chapter 54, Education Code, is

2-24     amended by adding Section 54.068 to read as follows:

2-25           Sec. 54.068.  TUITION FOR EXCESSIVE UNDERGRADUATE HOURS.  An

 3-1     institution of higher education may charge a resident student

 3-2     tuition at a higher rate than the rate charged to other resident

 3-3     students, not to exceed the rate charged to nonresident students,

 3-4     for a course for which Section 61.0595 requires the coordinating

 3-5     board to exclude funding for the semester credit hours for which

 3-6     the student registers if the student has previously attempted 170

 3-7     or more semester credit hours.  In its appropriations to

 3-8     institutions of higher education, the legislature shall compute the

 3-9     local funds available to each institution as if the tuition

3-10     collected under this section were not collected.

3-11           SECTION 1.09.  Subchapter A, Chapter 54, Education Code, is

3-12     amended by adding Section 54.0065 to read as follows:

3-13           Sec. 54.0065.  TUITION REBATE FOR CERTAIN UNDERGRADUATES.

3-14     (a)  A qualified student is eligible for a rebate of a portion of

3-15     the undergraduate tuition the student has paid if the student:

3-16                 (1)  is awarded a baccalaureate degree from a general

3-17     academic teaching institution; and

3-18                 (2)  has attempted no more than three hours in excess

3-19     of the minimum number of semester credit hours required to complete

3-20     the degree, including transfer credits and course credit earned

3-21     exclusively by examination.

3-22           (b)  The amount of tuition to be rebated to a student under

3-23     this section is $1,000, unless the total amount of undergraduate

3-24     tuition paid by the student to the institution of higher education

3-25     awarding the degree was less than $1,000, in which event the amount

 4-1     of tuition to be rebated is an amount equal to the amount of

 4-2     undergraduate tuition paid by the student to the institution.

 4-3     However, a student who paid the institution awarding the degree an

 4-4     amount of undergraduate tuition less than $1,000 may qualify for an

 4-5     increase in the amount of the rebate, not to exceed a total rebate

 4-6     of $1,000, for any amount of undergraduate tuition the student paid

 4-7     to other institutions of higher education by providing the

 4-8     institution with proof of the total amount of that tuition paid to

 4-9     other institutions of higher education.

4-10           (c)  A student who has transferred from another institution

4-11     of higher education shall provide the institution awarding the

4-12     degree an official transcript from each institution attended by the

4-13     student in order that the total number of hours attempted by the

4-14     student can be verified.

4-15           (d)  To qualify for a rebate under this section, the student

4-16     must have been a resident of this state and entitled to pay tuition

4-17     at the rate provided by this chapter for a resident student at all

4-18     times while pursuing the degree.

4-19           (e)  All institutions of higher education shall notify each

4-20     first-time freshman student of the tuition rebate program.

4-21           (f)  The institution awarding the degree shall pay the rebate

4-22     under this section from local funds.

4-23           (g)  If a student entitled to a rebate under this section has

4-24     an outstanding student loan, including an emergency loan, owed or

4-25     guaranteed by this state, including the Texas Guaranteed Student

 5-1     Loan Corporation, the institution shall apply the amount of the

 5-2     rebate to the student's loan.  If a student has more than one

 5-3     outstanding loan, the institution shall apply the amount of the

 5-4     rebate to the loans as directed by the student or, if the student

 5-5     fails to provide timely instructions on the application of the

 5-6     amount, the institution shall apply the amount of the rebate to the

 5-7     loans according to priorities established by the coordinating

 5-8     board.  If the amount of the rebate exceeds the amount of the loan

 5-9     indebtedness, the institution shall pay the student the excess

5-10     amount.

5-11           (h)  The legislature shall account in the General

5-12     Appropriations Act for the rebates authorized by this section in a

5-13     way that provides a corresponding increase in the general revenue

5-14     funds appropriated to the institution.  It is the intent of the

5-15     legislature that rebates authorized by this section shall be

5-16     financed by savings to the state resulting from reductions in the

5-17     number of courses taken by undergraduate students.

5-18           (i)  The coordinating board, in consultation with the

5-19     institutions of higher education, shall adopt rules for the

5-20     administration of this section.

5-21           Explanation:  This change is necessary in order to discourage

5-22     the accumulation of unnecessary semester credit hours by

5-23     undergraduates at the expense of the state and to provide an

5-24     incentive to students to complete their degree plan on time.

5-25           (2)  Senate Rule 12.03(4) is suspended to permit the

 6-1     committee to add the following text:

 6-2           SECTION 1.10.  Subsection (a), Section 54.5131, Education

 6-3     Code, is amended to read as follows:

 6-4           (a)  The board of regents of The University of Texas System

 6-5     may charge and collect from students registered at The University

 6-6     of Texas at Austin a fee of $2 if approved by the students in a

 6-7     student referendum [$1] for any semester or summer session.  The

 6-8     fee may be increased to an amount not to exceed $4 if approved by

 6-9     the students in a student referendum.  The fee may be used only for

6-10     funding an international education program [financial aid fund] to

6-11     be used to assist students participating in international student

6-12     exchange or study programs.

6-13           SECTION 1.11.  Section 54.532, Education Code, is amended to

6-14     read as follows:

6-15           Sec. 54.532.  STUDENT UNION BUILDING FEES; THE UNIVERSITY OF

6-16     TEXAS AT SAN ANTONIO.  (a)  The board of regents of The University

6-17     of Texas System may levy a student union fee of not less than $20

6-18     or more than $75 for each semester or summer session, assessed in

6-19     proportion to the number of credit hours for which a student

6-20     registers, [not to exceed $30 per student for each regular semester

6-21     and not to exceed $15 per student for each term of the summer

6-22     session,] for the sole purpose of financing, [constructing,]

6-23     operating, maintaining, and improving a student union building for

6-24     The University of Texas at San Antonio.  This fee may be levied in

6-25     addition to any other use or service fee.  [Furthermore, the fee

 7-1     may be levied only upon an affirmative vote of a majority of the

 7-2     student body voting of The University of Texas at San Antonio.]

 7-3           (b)  The fees collected under Subsection (a) of this section

 7-4     shall be deposited to an account known as The University of Texas

 7-5     at San Antonio University Center Fee Account and shall be placed

 7-6     under the control of and subject to the order of the university

 7-7     center advisory committee.  The committee shall annually submit to

 7-8     the president of The University of Texas at San Antonio a complete

 7-9     and itemized budget to be accompanied by a full and complete report

7-10     of all activities conducted during the past year and all

7-11     expenditures made incident to those activities.  The president

7-12     shall submit the budget to the board of regents as part of the

7-13     institutional budget.  The board of regents shall make such changes

7-14     in the budget as it deems necessary before approving the budget[,

7-15     but only after a student referendum has been called on the issue of

7-16     increase in the fee, and the issue has been approved by a majority

7-17     of the students voting in the election].  The board shall then levy

7-18     the fees, within the limits fixed in this section, in such amounts

7-19     as will be sufficient to meet the budgetary needs of the student

7-20     union building.

7-21           (c)  The board may not increase the amount of the student

7-22     union fee by more than 10 percent in any academic year unless the

7-23     amount of the increase is approved by a majority of the students

7-24     voting in an election held for that purpose and by a majority of

7-25     the student government of the institution.

 8-1           Explanation:  This change is necessary in order to allow the

 8-2     board of regents of The University of Texas System to increase the

 8-3     student union building fees at The University of Texas at San

 8-4     Antonio and to increase the international education fee at The

 8-5     University of Texas at Austin.

 8-6           (3)  Senate Rules 12.03(1), (3), and (4) are suspended to

 8-7     permit the committee to amend the following text which is not in

 8-8     disagreement and to add the following text in Subsection (b) of

 8-9     Section 3.02:

8-10           (b)  Except as otherwise provided in this section, the

8-11     changes in law made by this Act apply beginning with tuition and

8-12     fees charged for the 1997 fall semester.  Section 54.068, Education

8-13     Code, as added by this Act, applies beginning with tuition charged

8-14     for the 1999 fall semester.  Section 54.0065, Education Code, as

8-15     added by this Act, applies only to students entering a

8-16     baccalaureate degree program on or after September 1, 1997.

8-17     Section 61.0595, Education Code, as added by this Act, applies to

8-18     funding beginning with the 1999 fall semester.

8-19           Explanation:  This change is necessary in order to provide

8-20     dates for implementing the changes in law made in Subdivision (1)

8-21     of this resolution.

8-22                                  ______________________________________

8-23                                          President of the Senate

8-24                                       I hereby certify that the above

8-25                                  Resolution was adopted by the Senate

8-26                                  on May 29, 1997, by the following vote:

8-27                                  Yeas 31, Nays 0.

8-28                                  ______________________________________

8-29                                          Secretary of the Senate