LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 9, 1997
         
         
      TO: Honorable Bill Ratliff, Chair            IN RE:  Senate Bill No. 1485, Committee Report 1st House, Substituted
          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-Committee Report 1st House, Substituted
         
Implementing the provisions of the bill would result in a net 
impact of $0 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 up to 
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 apply 
to students who enter as first time freshmen in or after the 
fall 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 three 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 would go into effect with students who enter 
as first time freshmen in or after the fall 1997 semester.

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 students who enter as first time freshmen in or after the 
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 125,000, 
or 4,167 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 $15,900,000 
each year beginning in FY2003.  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.  Since 
this provision of the bill is effective for students who first 
enter in Fall 1997, it is estimated that savings would begin 
in FY2003.

Institutions could charge these students tuition 
up to the higher nonresident rate to offset the loss of general 
revenue formula funding; however pursuant to the legislation, 
these funds would not be counted in the tuition estimate for 
formula funding purposes.  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 20 percent 
of these students would be eligible for the tuition rebate in 
1998.  Therefore 11,000 students would be eligible for the tuition 
rebate in FY2001.  The Coordinating Board also estimates that 
because of the rebate students would take fewer semester credit 
hours.  This would result in 3,667 fewer full time student equivalents 
enrolling in FY2001.  The Coordinating Board estimates the net 
impact of this provision would be a net savings to general revenue 
of $3.0 million in FY2001.

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 assumed that institutions 
would modify their systems over that next four years at no cost 
to the state.  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           
            Savings/(Cost)                                                                                
            from General                                                                                  
            Revenue Fund                                                                                  
            0001                                                                                           
       1998                $0                                                                        
       1998                 0                                                                        
       2000                 0                                                                        
       2001         2,600,000                                                                        
       2002         2,600,000                                                                        
 
 
         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                   $0
               1999                    0
               2000                    0
               2001            2,600,000
               2002            2,600,000
 
Similar annual fiscal implications In FY2003 savings would increase 
to $18.5 million.  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