By: Bivins S.B. No. 345
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the formula funding and tuition charged for certain
1-2 excess credit hours of undergraduate students attending
1-3 institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 61.0595, Education Code, is amended by
1-6 amending Subsections (a), (b), and (d) and adding Subsection (e) to
1-7 read as follows:
1-8 (a) In the formulas established under Section 61.059, the
1-9 board may not include funding for semester credit hours earned by a
1-10 resident undergraduate student who before the semester or other
1-11 academic session begins has previously attempted a number of [170
1-12 or more] semester credit hours for courses taken at any institution
1-13 of higher education while classified as a resident student for
1-14 tuition purposes that exceeds by at least 45 hours the number of
1-15 semester credit hours required for completion of the degree program
1-16 in which the student is enrolled.
1-17 (b) For purposes of Subsection (a), an undergraduate student
1-18 who is not enrolled in a degree program is considered to be
1-19 enrolled in a degree program requiring a minimum of 120 semester
1-20 credit hours [Subsection (a) does not apply to a student enrolled
1-21 in:]
1-22 [(1) two or more baccalaureate degree programs at the
1-23 same time;]
1-24 [(2) a double major degree program that requires 130
2-1 or more semester credits for completion; or]
2-2 [(3) a health professional baccalaureate degree
2-3 program].
2-4 (d) The following are not counted for purposes of
2-5 determining whether the student has previously earned the number of
2-6 semester credit hours specified by Subsection (a):
2-7 (1) semester credit hours earned by the student before
2-8 receiving a baccalaureate degree that has previously been awarded
2-9 to the student;
2-10 (2) semester credit hours earned by the student by
2-11 examination or under any other procedure by which credit is earned
2-12 without registering for a course for which tuition is charged;
2-13 (3) credit for a remedial education course, a
2-14 technical course, a workforce education course funded according to
2-15 contact hours, or another course that does not count toward the
2-16 student's [a] degree program at the institution; and
2-17 (4) semester credit hours earned by the student at a
2-18 private institution or an out-of-state institution.
2-19 (e) Subsection (a) does not apply to funding for semester
2-20 credit hours earned by a student who initially enrolled as an
2-21 undergraduate student in any institution of higher education before
2-22 the 1999 fall semester. In the formulas established under Section
2-23 61.059, the board shall include funding for those semester credit
2-24 hours without consideration of Subsection (a).
2-25 SECTION 2. Section 54.068, Education Code, is amended to
2-26 read as follows:
3-1 Sec. 54.068. TUITION FOR EXCESSIVE UNDERGRADUATE HOURS.
3-2 (a) An institution of higher education may charge a resident
3-3 undergraduate student tuition at a higher rate than the rate
3-4 charged to other resident undergraduate students, not to exceed the
3-5 rate charged to nonresident undergraduate students, if before the
3-6 semester or other academic session begins the student has
3-7 previously attempted a number of semester credit hours for courses
3-8 taken at any institution of higher education while classified as a
3-9 resident student for tuition purposes that exceeds by at least 45
3-10 hours the number of semester credit hours required for completion
3-11 of the degree program in which the student is enrolled. For
3-12 purposes of this subsection, an undergraduate student who is not
3-13 enrolled in a degree program is considered to be enrolled in a
3-14 degree program requiring a minimum of 120 semester credit hours
3-15 [for a course for which Section 61.0595 requires the coordinating
3-16 board to exclude funding for the semester credit hours for which
3-17 the student registers if the student has previously attempted 170
3-18 or more semester credit hours].
3-19 (b) Semester credit hours or other credit listed in Section
3-20 61.0595(d) is not counted in determining the number of semester
3-21 credit hours previously attempted by a student for purposes of
3-22 Subsection (a).
3-23 (c) Subsection (a) does not apply to the tuition charged to
3-24 a student who initially enrolled as an undergraduate student in an
3-25 institution of higher education before the 1999 fall semester.
3-26 (d) In its appropriations to institutions of higher
4-1 education, the legislature shall compute the local funds available
4-2 to each institution as if the tuition collected under Subsection
4-3 (a) [this section] were not collected.
4-4 (e) Notwithstanding Subsection (d), in its appropriations to
4-5 institutions of higher education for the 1999-2000 and 2000-2001
4-6 state fiscal years the legislature may not include funding for
4-7 semester credit hours attributable to enrollment growth for the
4-8 1997-1998 and 1998-1999 academic years to be earned in the
4-9 1999-2000 and 2000-2001 academic years by resident students who are
4-10 charged the resident tuition rate for those hours but who would
4-11 have been subject to tuition for those hours at a higher rate than
4-12 the rate charged to other resident students, as permitted by this
4-13 section, if this section as it existed on January 1, 1999, were
4-14 applicable to those academic years. This subsection expires
4-15 January 1, 2002.
4-16 SECTION 3. (a) The change in law made by this Act to
4-17 Section 61.0595, Education Code, applies beginning with the funding
4-18 recommendations made under Section 61.059, Education Code, for the
4-19 2001-2002 academic year.
4-20 (b) Section 54.068, Education Code, as amended by this Act,
4-21 applies beginning with tuition charged for the 1999 fall semester
4-22 as provided by Section 3.02, Chapter 1073, Acts of the 75th
4-23 Legislature, Regular Session, 1997.
4-24 SECTION 4. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.
5-5 COMMITTEE AMENDMENT NO. 1
5-6 Amend S.B. No. 345 (engrossed) in SECTION 2, in amended
5-7 Section 54.068, Education Code, as follows:
5-8 (1) Insert a new Subsection (e) to Section 54.068 to read as
5-9 follows:
5-10 (e) Each institution of higher education shall inform each
5-11 new undergraduate student enrolling at the institution in writing
5-12 of the limitation provided by this section on the number of hours
5-13 that a Texas resident is entitled to complete while paying tuition
5-14 at the rate provided for Texas residents.
5-15 (2) Redesignate existing Subsection (e) at the end of
5-16 amended Section 54.068 as Subsection (f) of that section.
5-17 76R8161 JSA-D Rangel
5-18 COMMITTEE AMENDMENT NO. 2
5-19 Amend S.B. No. 345 (engrossed) in SECTION 1, in amended
5-20 Section 61.0595(d)(3), Education Code, by striking "the student's
5-21 [a] degree program" and substituting "a degree program".
5-22 76R8158 JSA-D Rangel