1-1     By:  Bivins                                            S.B. No. 345
 1-2           (In the Senate - Filed February 2, 1999; February 4, 1999,
 1-3     read first time and referred to Committee on Education;
 1-4     February 15, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     February 15, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 345                   By:  Bivins
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the formula funding and tuition charged for certain
1-11     excess credit hours of undergraduate students attending
1-12     institutions of higher education.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 61.0595, Education Code, is amended by
1-15     amending Subsections (a), (b), and (d) and adding Subsection (e) to
1-16     read as follows:
1-17           (a)  In the formulas established under Section 61.059, the
1-18     board may not include funding for semester credit hours earned by a
1-19     resident undergraduate student who before the semester or other
1-20     academic session begins has previously attempted a number of [170
1-21     or more] semester credit hours for courses taken at any institution
1-22     of higher education while classified as a resident student for
1-23     tuition purposes that exceeds by at least 45 hours the number of
1-24     semester credit hours required for completion of the degree program
1-25     in which the student is enrolled.
1-26           (b)  For purposes of Subsection (a), an undergraduate student
1-27     who is not enrolled in a degree program is considered to be
1-28     enrolled in a degree program requiring a minimum of 120 semester
1-29     credit hours [Subsection (a) does not apply to a student enrolled
1-30     in:]
1-31                 [(1)  two or more baccalaureate degree programs at the
1-32     same time;]
1-33                 [(2)  a double major degree program that requires 130
1-34     or more semester credits for completion; or]
1-35                 [(3)  a health professional baccalaureate degree
1-36     program].
1-37           (d)  The following are not counted for purposes of
1-38     determining whether the student has previously earned the number of
1-39     semester credit hours specified by Subsection (a):
1-40                 (1)  semester credit hours earned by the student before
1-41     receiving a baccalaureate degree that has previously been awarded
1-42     to the student;
1-43                 (2)  semester credit hours earned by the student by
1-44     examination or under any other procedure by which credit is earned
1-45     without registering for a course for which tuition is charged;
1-46                 (3)  credit for a remedial education course, a
1-47     technical course, a workforce education course funded according to
1-48     contact hours, or another course that does not count toward the
1-49     student's [a] degree program at the institution; and
1-50                 (4)  semester credit hours earned by the student at a
1-51     private institution or an out-of-state institution.
1-52           (e)  Subsection (a) does not apply to funding for semester
1-53     credit hours earned by a student who initially enrolled as an
1-54     undergraduate student in any institution of higher education before
1-55     the 1999 fall semester.  In the formulas established under Section
1-56     61.059, the board shall include funding for those semester credit
1-57     hours without consideration of Subsection (a).
1-58           SECTION 2.  Section 54.068, Education Code, is amended to
1-59     read as follows:
1-60           Sec. 54.068.  TUITION FOR EXCESSIVE UNDERGRADUATE HOURS.
1-61     (a)  An institution of higher education may charge a resident
1-62     undergraduate student tuition at a higher rate than the rate
1-63     charged to other resident undergraduate students, not to exceed the
1-64     rate charged to nonresident undergraduate students, if before the
 2-1     semester or other academic session begins the student has
 2-2     previously attempted a number of semester credit hours for courses
 2-3     taken at any institution of higher education while classified as a
 2-4     resident student for tuition purposes that exceeds by at least 45
 2-5     hours the number of semester credit hours required for completion
 2-6     of the degree program in which the student is enrolled.  For
 2-7     purposes of this subsection, an undergraduate student who is not
 2-8     enrolled in a degree program is considered to be enrolled in a
 2-9     degree program requiring a minimum of 120 semester credit hours
2-10     [for a course for which Section 61.0595 requires the coordinating
2-11     board to exclude funding for the semester credit hours for which
2-12     the student registers if the student has previously attempted 170
2-13     or more semester credit hours].
2-14           (b)  Semester credit hours or other credit listed in Section
2-15     61.0595(d) is not counted in determining the number of semester
2-16     credit hours previously attempted by a student for purposes of
2-17     Subsection (a).
2-18           (c)  Subsection (a)  does not apply to the tuition charged to
2-19     a student who initially enrolled as an undergraduate student in an
2-20     institution of higher education before the 1999 fall semester.
2-21           (d)  In its appropriations to institutions of higher
2-22     education, the legislature shall compute the local funds available
2-23     to each institution as if the tuition collected under Subsection
2-24     (a) [this section] were not collected.
2-25           (e)  Notwithstanding Subsection (d), in its appropriations to
2-26     institutions of higher education for the 1999-2000 and 2000-2001
2-27     state fiscal years the legislature may not include funding for
2-28     semester credit hours attributable to enrollment growth for the
2-29     1997-1998 and 1998-1999 academic years to be earned in the
2-30     1999-2000 and 2000-2001 academic years by resident students who are
2-31     charged the resident tuition rate for those hours but who would
2-32     have been subject to tuition for those hours at a higher rate than
2-33     the rate charged to other resident students, as permitted by this
2-34     section, if this section as it existed on January 1, 1999, were
2-35     applicable to those academic years.  This subsection expires
2-36     January 1, 2002.
2-37           SECTION 3.  (a)  The change in law made by this Act to
2-38     Section 61.0595, Education Code, applies beginning with the funding
2-39     recommendations made under Section 61.059, Education Code, for the
2-40     2001-2002 academic year.
2-41           (b)  Section 54.068, Education Code, as amended by this Act,
2-42     applies beginning with tuition charged for the 1999 fall semester
2-43     as provided by Section 3.02, Chapter 1073, Acts of the 75th
2-44     Legislature, Regular Session, 1997.
2-45           SECTION 4.  The importance of this legislation and the
2-46     crowded condition of the calendars in both houses create an
2-47     emergency and an imperative public necessity that the
2-48     constitutional rule requiring bills to be read on three several
2-49     days in each house be suspended, and this rule is hereby suspended,
2-50     and that this Act take effect and be in force from and after its
2-51     passage, and it is so enacted.
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