LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 6, 1997
         
         
      TO: Honorable Bill Ratliff, Chair            IN RE:  Senate Bill No. 1485
          Committee on Finance                              By: Bivins
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB1485 ( Relating 
to the tuition charged to certain students at public institutions 
of higher education and to state funding related to those students.) 
this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB1485-As Introduced
         
Implementing the provisions of the bill would result in a net 
positive impact of $8,200,000 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 allow the governing 
board of an institution of higher education to charge the out-of-state 
tuition rate to resident undergraduate students enrolled in 
a baccalaureate program who have already earned 170 or more 
semester credit hours for courses taken as an undergraduate. 
 The bill provides certain exemptions to the 170 hour cap.  
The authority to charge out-of-state tuition rates for resident 
undergraduate students who had earned over 170 hours would take 
effect with the 1997 fall semester.

The bill would allow 
tuition rebates of a portion of the student's undergraduate 
tuition of up to $1,000 for students who had earned an undergraduate 
degree with no more than six additional hours above the minimum 
credit hours required for that program.  The bill would require 
institutions to pay the tuition rebates from their local funds 
and to receive general revenue reimbursements during the appropriations 
process.  Tuition rebates for students who earned an undergraduate 
degree with no more than six additional hours over the minimum 
requirements for the program would go into effect with students 
completing a degree program on or after September 1, 1997.

The 
bill would require the Texas Higher Education Coordinating Board 
to exclude, for formula funding purposes, the semester credit 
hours of resident undergraduate students who had already earned 
170 hours and could be charged out-of-state tuition.  Eliminating 
the excessive credit hours from formula funding would apply 
to funding beginning with 1997 fall semester.
 
Methodolgy
 
Undergraduate Semester Credit Hour Cap
The Coordinating Board 
estimates that the number of semester credit hours in excess 
of 170 adjusted for the exceptions provided by the bill is 130,000, 
or 4,333 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 $16,500,000 
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, increase 
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       $16,500,000     ($12,000,000)      ($1,600,000)                                    
       1998        16,500,000      (11,200,000)                                                      
       2000        16,500,000       (8,200,000)                                                      
       2001        16,500,000       (5,300,000)                                                      
       2002        16,500,000       (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           $2,900,000
               1999            5,300,000
               2000            8,300,000
               2001           11,200,000
               2002           14,200,000
 
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:   781   Higher Education Coordinating Board
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,RR ,LD