LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 7, 1997
         
         
      TO: Honorable Irma Rangel, Chair            IN RE:  House Bill No. 2456, Committee Report 1st House, Substituted
          Committee on Higher Education                              By: Swinford
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB2456 ( Relating 
to state funding for and tuition charged to certain undergraduate 
students who accumulate excessive credit hours and to the number 
of credit hours required in a degree program.) this office has 
detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB2456-Committee Report 1st House, Substituted
         
Implementing the provisions of the bill would result in a net 
positive impact of $13,200,000 to General Revenue Related Funds 
through the biennium ending August 31, 1999.
         
The bill would make no appropriation but could provide the legal 
basis for an appropriation of funds to implement the provisions 
of the bill.
         
 
Fiscal Analysis
 
 The bill would amend the Education Code to require the Texas 
Higher Education Coordinating Board (THECB) to exclude, for 
formula funding purposes, the semester credit hours of resident 
undergraduate students that had previously attempted 170 or 
more credit hours for courses taken at any institution of higher 
education.  The bill would provide certain exemptions.   Eliminating 
the excessive credit hours for formula funding would apply to 
funding beginning with the 1997 fall semester.

The bill would 
allow the institutions to charge an increased tuition, without 
exceeding the out-of-state tuition rate, for students who had 
attempted 170 or more credit hours.  The tuition increase for 
excessive undergraduate hours would be effective with tuition 
charged for the 1997 fall semester. 

This bill would authorize 
tuition rebates of up to $1,000 for Texas resident students 
who earned an undergraduate degree by attempting no more than 
six hours above the minimum credit hours required for that program, 
including the hours transferred from another institution and 
hours earned through placement tests.  The bill would require 
the institutions to pay the tuition rebates from their local 
funds and would authorize institutions to receive general revenue 
reimbursements during the appropriations process.  Tuition rebates 
for students who earned an undergraduate diploma with no more 
than six hours above the minimum requirements for the program 
would only apply to students completing a baccalaureate degree 
on or after September 1, 1997.

The bill would limit the credit 
hour requirements for undergraduate degree programs to 120 but 
would allow THECB to provide certain exceptions.   For programs 
that would receive exemption from the 120 hour requirement, 
THECB would require the institutions to reestablish the reasonableness 
of the requirement every five years.  Limiting the credit hour 
requirements would not affect undergraduate degree programs 
in existence on January 1, 1997 until September 1, 1999.
 
Methodolgy
 
Undergraduate Semester Credit Hour Cap
The Coordinating Board 
estimates that the number of semester credit hours attempted 
in excess of 170 adjusted for the exceptions provided by the 
bill is 150,000, or 5,000 full-time equivalent students that 
would be eliminated from formula funding each year.   The average 
general revenue contribution for each upper division student 
is $3,807.  Therefore, the savings associated with this provision 
would be $19,000,000 as indicated in the table below.  Not all 
of these savings would be realized by institutions of higher 
education.  Certain savings associated with employee benefits 
would accrue to the Teacher Retirement System and Comptroller 
of Public Accounts.

Using an alternative method, the Texas 
Performance Review estimated the general revenue the savings 
to be  $7,556,000 for the 1998-99 biennium.  From FY2000 and 
beyond these savings were adjusted to $4,640,000 to reflect 
the increased efficiency of institutions to graduate more students 
in a timely manner.  

Institutions could charge these students 
tuition at the higher nonresident rate to offset the loss of 
general revenue formula funding.  Therefore, there would be 
no additional impact related to the all funds methodology of 
higher education funding. 

Tuition Rebate
The Coordinating 
Board estimates that approximately 55,000 students earn baccalaureate 
degrees from Texas public universities each year and that about 
32 percent of these students would be eligible for the tuition 
rebate in 1998.  Therefore, 17,600 students would be eligible 
for the tuition rebate in FY 1998, increasing up to 19,800 by 
FY2002.  The Coordinating Board also estimates that because 
of the rebate students would take fewer semester credit hours. 
 This would result in 1,467 fewer full-time student equivalents 
enrolling in FY1998, increasing up to 4,583 in FY2002.  The 
Coordinating Board estimates the net impact of this provision 
would be a cost to general revenue of $12.0 million in FY1998, 
decreasing to $2.3 million in FY2002.

The Texas Performance 
Review did not estimate the fiscal impact related to the tuition 
rebate.

Administrative Costs
To implement the undergraduate 
cap and the tuition rebate programs there would be certain administrative 
and record keeping costs at each institution to ensure that 
the appropriate tuition was charged and rebates provided.  It 
is estimated that the initial cost of establishing the necessary 
record keeping system to be approximately $4 per student in 
FY1998.  There are approximately 400,000 students enrolled at 
public universities.  Ongoing costs are not estimated to be 
significant.

The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable           Probable           Probable           
            Savings/(Cost)     Savings/(Cost)     Savings/(Cost)                                          
            from General       from General       from General                                            
            Revenue Fund for   Revenue Fund for   Revenue Fund for                                        
            170 Semester       Tuition Rebates    Administrative                                          
            Credit Hour Cap                       Costs                                                   
            0001               0001               0001                                                     
       1998       $19,000,000     ($12,000,000)      ($1,600,000)                                    
       1998        19,000,000      (11,200,000)                                                      
       2000        19,000,000       (8,200,000)                                                      
       2001        19,000,000       (5,300,000)                                                      
       2002        19,000,000       (2,300,000)                                                      
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998           $5,400,000
               1999            7,800,000
               2000           10,800,000
               2001           13,700,000
               2002           16,700,000
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No fiscal implication to units of local government is anticipated.
          
   Source:            Agencies:   304   Comptroller of Public Accounts
                                         781   Higher Education Coordinating Board
                      LBB Staff:   JK ,LP ,LD