LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 31, 1997
         
         
      TO: Honorable Bob Bullock            Honorable James E. "Pete" Laney
          Lieutenant Governor                Speaker of the House
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB1907 ( Relating 
to tuition and fees charged by public institutions of higher 
education, including the redesignation of certain fees as tuition.) 
this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB1907-Conference Committee Report   FN Revision 1
         
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
 
Tuition and Fees
The bill would amend the Education Code to 
reclassify the building use fee as tuition; would specify maximum 
charges;  would exclude it from the Texas Public Education Grants. 
The bill would increase the tuition at a law school from $75 
per semester credit hour to $80 per semester credit hour. The 
bill would authorize a governing board to waive fees under certain 
circumstances including for students enrolled only in distance 
learning courses and for students that cannot reasonably be 
expected to use the services, provided that waiver of the fees 
will still enable the institution to provide the service or 
facility and meet any debt obligations.

Undergraduate Cap
The 
bill would require the Texas Higher Education Coordinating Board 
to exclude, for formula funding purposes, the semester credit 
hours of resident undergraduate students that had previously 
attempted 170 or more credit hours.  The bill would provide 
certain exemptions.  This section would apply to funding for 
the 1999 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, beginning with the fall semester 1999. 

The bill would 
authorize tuition rebates of up to $1,000 for Texas resident 
students who earned an undergraduate degree by attempting no 
more than three hours above the minimum credit hours required 
for that program.  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, effective for students who enter 
a baccalaureate degree program on or after September 1, 1997.

Fees 
Increases 
The bill would authorize the Board of Regents of 
The University of Texas System to increase the international 
education fee charged to students enrolled at The University 
of Texas at Austin and the student union fee charged to students 
enrolled at The University of Texas at San Antonio.
 
Methodolgy
 
Tuition and Fees
Because the bill reclassifies the building 
use fee as tuition but does not authorize an increase in the 
total tuition that an institution could charge as compared to 
the amount that an institution could previously have charged 
for tuition and fees, there would be no impact on the amount 
of designated funds for institutions of higher education.

The 
bill would increase the amount of tuition charged at a law school 
by $5 per semester credit hour, or an increase of $547,325 in 
Other Educational and General Income. This increase in Other 
E&G would result in a redistribution of general revenue from 
the law schools under the all funds methodology.  The institutions 
with law schools are UT Austin, University of Houston, Texas 
Southern University, and Texas Tech University.

It is assumed 
that the fee waivers for distance learning courses and for students 
that cannot use the facility or services would not have a significant 
fiscal impact on the institutions.

Undergraduate Semester 
Credit Hour Cap
It is estimated that approximately 4,167 full-time 
equivalent students that would be eliminated from formula funding 
each year.  The savings associated with this provision is estimated 
to be $15.9 million beginning in fiscal years 2000 and 2001 
as indicated in the table below.  Savings in the subsequent 
biennia would probably be less as students change their behavior 
regarding their degree plan. Not all of the 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.

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 20 percent of these students 
would be eligible for the tuition rebate in 2001. The Coordinating 
Board estimates the net impact of this provision would be a 
savings to general revenue of $2.6 million in FY2001.

Aministrative 
Costs
There would be administrative costs associated with the 
undergraduate cap and the tuition rebate program.  It is assumed 
that institutions would modify their systems over the next biennia 
at no cost to the state.  Ongoing costs are not estimated to 
be significant.

Fee Increases 
It is estimated that the 
increased international education fee at UT-Austin would generate 
approximately $111,000 a year in institutional funds beginning 
in fiscal year 1998, and that the student union fee increase 
at UT San Antonio would generate approximately $349,800 in institutional 
funds beginning in Fiscal Year 1998, increasing to $430,230 
in Fiscal Year 1999 when the fee is estimated to increase an 
additional 10 percent.  These fees are auxiliary in nature and 
do not affect the state supported educational and general operations 
of the university.
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 Revenue   Probable           Probable           
            Gain/(Loss) from   Savings/(Cost)     Savings/(Cost)                                          
            Other              from General       from General                                            
            Educational and    Revenue Fund for   Revenue Fund for                                        
            General Income/    Undergraduate      Tuition Rebate                                          
            GR-Dedicated for   Semester Credit                                                            
            Increases in Law   Hour Cap                                                                   
            School Tuition                                                                                
            8022               0001               0001                                                     
       1998          $547,325                $0                $0                                    
       1998           547,325                 0                 0                                    
       2000           547,325        15,900,000                 0                                    
       2001           547,325        15,900,000         2,600,000                                    
       2002           547,325        13,900,000         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           15,900,000
               2001           18,500,000
               2002           16,500,000
 
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:   
                                         
                      LBB Staff:   JK ,LP ,LD