By Rangel H.B. No. 3051
77R8874 JSA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the tuition charged to certain students at institutions
1-3 of higher education and to emergency loans for student tuition and
1-4 fees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 54.060, Education Code, is amended to read
1-7 as follows:
1-8 Sec. 54.060. RESIDENT OF BORDERING STATE OR NATION OR
1-9 PARTICIPANT IN STUDENT EXCHANGE PROGRAM: TUITION. (a) The
1-10 nonresident tuition fee prescribed by this chapter does not apply
1-11 to a nonresident student who is a resident of Arkansas, Louisiana,
1-12 New Mexico, or Oklahoma and who registers in a public upper-level
1-13 institution of higher education, Lamar State College--Orange, Lamar
1-14 State College--Port Arthur, a Texas public junior college, or a
1-15 public technical institute that is situated in a county immediately
1-16 adjacent to the state in which the nonresident student resides.
1-17 The nonresident tuition fee prescribed by this chapter does not
1-18 apply to a nonresident student who is a resident of New Mexico or
1-19 Oklahoma and who registers in a public technical institute that is
1-20 situated in a county that is within 100 miles of the state in which
1-21 the nonresident student resides and who is admitted for the purpose
1-22 of utilizing available instructional facilities. The nonresident
1-23 student described in this subsection shall pay an amount equivalent
1-24 to the amount charged a Texas student registered at a similar
2-1 school in the state in which the nonresident student resides. For
2-2 purposes of this subsection, "public upper-level institution of
2-3 higher education" means an institution of higher education that
2-4 offers only junior-level and senior-level courses or only
2-5 junior-level, senior-level, and graduate-level courses.
2-6 (b) The foreign student tuition fee prescribed in this
2-7 chapter does not apply to a foreign student who is a resident of a
2-8 nation situated adjacent to Texas, demonstrates financial need as
2-9 provided by Subsection (c), and [who] registers in:
2-10 (1) any general academic teaching institution;
2-11 (2) a[, as defined in Section 61.003(3) of this code,
2-12 or] component of the Texas State Technical College System in a
2-13 county immediately adjacent to the nation in which the foreign
2-14 student resides;
2-15 (3) [or who registers for] lower division courses at a
2-16 community or junior college having a partnership agreement pursuant
2-17 to Subchapter N, Chapter 51, of this code, with an upper-level
2-18 university and both institutions are located in the county
2-19 immediately adjacent to the nation in which the foreign student
2-20 resides;
2-21 (4) The University of Texas at San Antonio, [or who
2-22 registers in] Texas A&M University--Kingsville, or Texas A&M
2-23 University--Corpus Christi; or
2-24 (5) courses that are part of a collaborative degree
2-25 program offered by two or more institutions of higher education
2-26 through distance learning[, and, except as provided by this
2-27 subsection, who demonstrates a financial need after the financial
3-1 resources of the foreign student and the student's family are
3-2 considered].
3-3 (c) A [The] foreign student to whom Subsection (b) applies
3-4 [described in this subsection] shall pay tuition equal to that
3-5 charged Texas residents under Sections 54.051 and 54.0512 [of this
3-6 code]. The coordinating board shall adopt rules governing the
3-7 determination of financial need of students to whom Subsection (b)
3-8 applies [under this subsection] and rules governing a pilot project
3-9 to be established at general academic teaching institutions and at
3-10 components of the Texas State Technical College System in counties
3-11 that are not immediately adjacent to the nation in which the
3-12 foreign student resides.
3-13 (d) [(c)] The coordinating board by rule shall establish a
3-14 program with the United Mexican States and with Canada for the
3-15 exchange of students and shall establish programs with other
3-16 nations for the exchange of students to the extent practicable. The
3-17 foreign student tuition fee prescribed in this chapter does not
3-18 apply to a foreign student participating in an exchange program
3-19 established under this section.
3-20 (e) [(d)] The coordinating board shall adopt rules to
3-21 determine the number of students who may participate in the
3-22 programs provided by Subsections (b) and (d) [(c) of this section]
3-23 and the students who may transfer from any general academic
3-24 teaching institution or component of the Texas State Technical
3-25 College System in a county immediately adjacent to the nation in
3-26 which the foreign student resides to attend another general
3-27 academic teaching institution or component of the Texas State
4-1 Technical College System to complete a degree, certificate, or
4-2 diploma or attend graduate school.
4-3 (f) [(e)] The payment of resident tuition at Lamar State
4-4 College--Orange, Lamar State College--Port Arthur, or a public
4-5 technical institute as authorized by Subsection (a) [of this
4-6 section] or at an institution of higher education as authorized by
4-7 Subsection (g) [(f)] does not affect the constitutionally dedicated
4-8 funding to which institutions of higher education are entitled
4-9 under Article VII, Section 17, of the Texas Constitution.
4-10 (g) [(f)] The nonresident tuition fee prescribed by this
4-11 chapter does not apply to a nonresident student who is a resident
4-12 of a county or parish of Arkansas, Louisiana, New Mexico, or
4-13 Oklahoma that is adjacent to this state and who registers in an
4-14 institution of higher education[, as defined by Section 61.003],
4-15 the governing board of which has agreed to admit the student at the
4-16 resident tuition fee prescribed by this chapter. The state in
4-17 which the student resides must allow a resident of a county of this
4-18 state that is adjacent to that state to register in a public
4-19 institution of higher education in that state at the tuition fee
4-20 charged residents of that state. The student shall pay tuition
4-21 equal to that charged residents of this state at the institution.
4-22 (h) [(g)] In this section:
4-23 (1) "Coordinating board" means the Texas Higher
4-24 Education Coordinating Board.
4-25 (2) "General academic teaching institution" and[,]
4-26 "public technical institute" have [has] the meanings [meaning]
4-27 assigned by Section 61.003 [of this code].
5-1 SECTION 2. Subchapter B, Chapter 54, Education Code, is
5-2 amended by adding Section 54.069 to read as follows:
5-3 Sec. 54.069. FOREIGN SERVICE OFFICERS. A foreign service
5-4 officer employed by the United States Department of State and
5-5 enrolled in an institution of higher education is entitled to pay
5-6 the tuition and fees at the rates provided for Texas residents if
5-7 the person is assigned to an office of the department of state that
5-8 is located in a foreign nation that borders on this state.
5-9 SECTION 3. Section 56.053(a), Education Code, is amended to
5-10 read as follows:
5-11 (a) The governing board of each institution shall adopt
5-12 rules providing for the terms of the loan, subject to the
5-13 following:
5-14 (1) the loan must be repaid over a period not to
5-15 exceed 90 days for a loan made for a regular semester or long
5-16 summer session or over a proportionately shorter period for loans
5-17 made for a six-week summer session;
5-18 (2) the loan must be evidenced by a promissory note
5-19 that bears interest at a rate of not more than five percent per
5-20 year; and
5-21 (3) the maximum loan amount per student may not be
5-22 greater [less] than an amount equal to the tuition and required
5-23 fees for the courses in which the student is actually enrolling.
5-24 SECTION 4. (a) The change in law made by this Act to Section
5-25 54.060, Education Code, applies beginning with tuition charged for
5-26 the 2001 fall semester.
5-27 (b) Section 54.069, Education Code, as added by this Act,
6-1 applies beginning with tuition charged for the 2001 fall semester.
6-2 (c) The change in law made by this Act to Section 56.053,
6-3 Education Code, applies to each emergency student loan made under
6-4 Subchapter D, Chapter 56, Education Code, on or after the effective
6-5 date of this Act.
6-6 SECTION 5. This Act takes effect immediately if it receives
6-7 a vote of two-thirds of all the members elected to each house, as
6-8 provided by Section 39, Article III, Texas Constitution. If this
6-9 Act does not receive the vote necessary for immediate effect, this
6-10 Act takes effect September 1, 2001.