By Garcia                                             H.B. No. 2514
         77R8284 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the grade point average of and imposition of a fee on a
 1-3     student who repeats a course at a public institution of higher
 1-4     education.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
 1-7     amended by adding Section 51.9315 to read as follows:
 1-8           Sec. 51.9315.  EFFECT OF REPEATING UNDERGRADUATE COURSE ON
 1-9     GRADE POINT AVERAGE.  (a)  Each institution of higher education
1-10     shall adopt a uniform policy applicable to all students of the
1-11     institution for calculating the grade point average of a student
1-12     who completes a course at the institution that the student has
1-13     previously completed at the same institution.  The policy must
1-14     provide for one of the following methods of calculating the
1-15     student's grade point average:
1-16                 (1)  the higher grade received by the student for the
1-17     course is included in the calculation and the lower grade is
1-18     excluded, except that if the student receives the same grade both
1-19     times the student completes the course, the grade received when the
1-20     student repeats the course is included and the former grade is
1-21     excluded; or
1-22                 (2)  the grade received when the student repeats the
1-23     course is included in the calculation and the grade received the
1-24     first time the student completed the course is excluded from the
 2-1     calculation.
 2-2           (b)  A policy adopted under Subsection (a) does not apply to
 2-3     a course that a student repeats in a term or semester in which the
 2-4     student repeats one or more courses that could result in the
 2-5     exclusion of a total of more than 15 credit hours from the
 2-6     calculation of the student's grade point average under the
 2-7     institution's policy adopted under Subsection (a).
 2-8           (c)  For purposes of this section, courses completed by a
 2-9     student are considered the same course only if the content of each
2-10     course does not vary significantly from the content of the other
2-11     course or courses, as determined by the institution.  The content
2-12     of a course that changes because of advances in knowledge or
2-13     technology is not considered to vary significantly from the content
2-14     of the course before the change for purposes of this section solely
2-15     because of that change.
2-16           (d)  If a student enrolls in the same course at the same
2-17     institution more than two times, each of the student's grades in
2-18     the course shall be included in the calculation of the student's
2-19     grade point average.
2-20           (e)  This section does not apply to:
2-21                 (1)  a graduate-level course or a course in which a
2-22     student enrolls for credit in a postgraduate program; or
2-23                 (2)  a course that a student completed the first time
2-24     before the 2002 fall semester.
2-25           (f)  The exclusion of a grade received for a course under
2-26     this section does not authorize the institution to change the
2-27     student's permanent record.  The transcript and permanent record of
 3-1     a student from whose grade point average calculation a grade for a
 3-2     course is excluded under this section must include the same
 3-3     information for that course, including the grade received, that
 3-4     would otherwise be included if the grade were included in the
 3-5     calculation of the student's grade point average.
 3-6           (g)  An institution of higher education may not apply a
 3-7     policy adopted under this section to a student for a course the
 3-8     student repeated before the policy takes effect in a manner that
 3-9     would reduce the student's grade point average for courses
3-10     completed before the policy takes effect.
3-11           SECTION 2.  Subchapter E, Chapter 54, Education Code, is
3-12     amended by adding Section 54.547 to read as follows:
3-13           Sec. 54.547.  FEE FOR REPEATING COURSE.  (a)  The governing
3-14     board of an institution of higher education may impose a fee for a
3-15     course for which a student enrolls if the student has previously
3-16     completed the same course at the institution.  The amount of the
3-17     fee may not exceed 10 percent of the tuition and other required
3-18     fees charged to the student for the course.
3-19           (b)  Money collected from the fee may be used for any purpose
3-20     of the institution and is not considered to be tuition or a
3-21     required course fee for purposes of the funding formulas
3-22     established by the Texas Higher Education Coordinating Board under
3-23     Section 61.059.
3-24           (c)  For purposes of this section, courses are considered to
3-25     be the same course only if the content of each course does not vary
3-26     significantly from the content of the other course or courses, as
3-27     determined by the institution.  The content of a course that
 4-1     changes because of advances in knowledge or technology is not
 4-2     considered to vary significantly from the content of the course
 4-3     before the change for purposes of this section solely because of
 4-4     that change.
 4-5           (d)  This section does not apply to:
 4-6                 (1)  a graduate-level course or a course in which a
 4-7     student enrolls for credit in a postgraduate program;
 4-8                 (2)  a course that the student completed before the
 4-9     2002 fall semester; or
4-10                 (3)  a remedial education course or other course not
4-11     offered primarily for credit toward completion of a degree or
4-12     certificate program.
4-13           SECTION 3.  Section 51.9315, Education Code, as added by this
4-14     Act, applies to the calculation of a grade point average beginning
4-15     with the 2002 fall semester.  Each institution of higher education
4-16     shall implement Section 51.9315, Education Code, as added by this
4-17     Act, after this Act takes effect until the 2002 fall semester
4-18     concurrently with routine computer acquisition, maintenance, and
4-19     upgrade.
4-20           SECTION 4.  This Act takes effect immediately if it receives
4-21     a vote of two-thirds of all the members elected to each house, as
4-22     provided by Section 39, Article III, Texas Constitution.  If this
4-23     Act does not receive the vote necessary for immediate effect, this
4-24     Act takes effect September 1, 2001.