1-1 AN ACT
1-2 relating to certain higher education tuition rates and loan amount
1-3 limits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.060, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 54.060. RESIDENT OF BORDERING STATE OR NATION OR
1-8 PARTICIPANT IN STUDENT EXCHANGE PROGRAM: TUITION. (a) The
1-9 nonresident tuition fee prescribed by this chapter does not apply
1-10 to a nonresident student who is a resident of Arkansas, Louisiana,
1-11 New Mexico, or Oklahoma and who registers in a public upper-level
1-12 institution of higher education, Lamar State College--Orange, Lamar
1-13 State College--Port Arthur, a Texas public junior college, or a
1-14 public technical institute that is situated in a county immediately
1-15 adjacent to the state in which the nonresident student resides.
1-16 The nonresident tuition fee prescribed by this chapter does not
1-17 apply to a nonresident student who is a resident of New Mexico or
1-18 Oklahoma and who registers in a public technical institute that is
1-19 situated in a county that is within 100 miles of the state in which
1-20 the nonresident student resides and who is admitted for the purpose
1-21 of utilizing available instructional facilities. The nonresident
1-22 student described in this subsection shall pay an amount equivalent
1-23 to the amount charged a Texas student registered at a similar
1-24 school in the state in which the nonresident student resides. For
1-25 purposes of this subsection, "public upper-level institution of
2-1 higher education" means an institution of higher education that
2-2 offers only junior-level and senior-level courses or only
2-3 junior-level, senior-level, and graduate-level courses.
2-4 (b) The foreign student tuition fee prescribed in this
2-5 chapter does not apply to a foreign student who is a resident of a
2-6 nation situated adjacent to Texas, demonstrates financial need as
2-7 provided by Subsection (c), and [who] registers in:
2-8 (1) any general academic teaching institution[, as
2-9 defined in Section 61.003(3) of this code,] or component of the
2-10 Texas State Technical College System located in a county
2-11 immediately adjacent to the nation in which the foreign student
2-12 resides;
2-13 (2) [or who registers for] lower division courses at a
2-14 community or junior college having a partnership agreement pursuant
2-15 to Subchapter N, Chapter 51, [of this code,] with an upper-level
2-16 university and both institutions are located in the county
2-17 immediately adjacent to the nation in which the foreign student
2-18 resides;
2-19 (3) [, or who registers in] Texas A&M
2-20 University--Kingsville or Texas A&M University--Corpus Christi; or
2-21 (4) courses that are part of a graduate degree program
2-22 in public health and are conducted in a county immediately adjacent
2-23 to the nation in which the foreign student resides[, and, except as
2-24 provided by this subsection, who demonstrates a financial need
2-25 after the financial resources of the foreign student and the
2-26 student's family are considered].
3-1 (c) A [The] foreign student to whom Subsection (b) applies
3-2 [described in this subsection] shall pay tuition equal to that
3-3 charged Texas residents under Sections 54.051 and 54.0512 [of this
3-4 code]. The coordinating board shall adopt rules governing the
3-5 determination of financial need of students to whom Subsection (b)
3-6 applies [under this subsection] and rules governing a pilot project
3-7 to be established at general academic teaching institutions and at
3-8 components of the Texas State Technical College System in counties
3-9 that are not immediately adjacent to the nation in which the
3-10 foreign student resides.
3-11 (d) [(c)] The coordinating board by rule shall establish a
3-12 program with the United Mexican States and with Canada for the
3-13 exchange of students and shall establish programs with other
3-14 nations for the exchange of students to the extent practicable.
3-15 The foreign student tuition fee prescribed in this chapter does not
3-16 apply to a foreign student participating in an exchange program
3-17 established under this section.
3-18 (e) [(d)] The coordinating board shall adopt rules to
3-19 determine the number of students who may participate in the
3-20 programs provided by Subsections (b) and (d) [(c) of this section]
3-21 and the students who may transfer from any general academic
3-22 teaching institution or component of the Texas State Technical
3-23 College System in a county immediately adjacent to the nation in
3-24 which the foreign student resides to attend another general
3-25 academic teaching institution or component of the Texas State
3-26 Technical College System to complete a degree, certificate, or
4-1 diploma or attend graduate school.
4-2 (f) [(e)] The payment of resident tuition at Lamar State
4-3 College--Orange, Lamar State College--Port Arthur, or a public
4-4 technical institute as authorized by Subsection (a) [of this
4-5 section] or at an institution of higher education as authorized by
4-6 Subsection (g) [(f)] does not affect the constitutionally dedicated
4-7 funding to which institutions of higher education are entitled
4-8 under Article VII, Section 17, of the Texas Constitution.
4-9 (g) [(f)] The nonresident tuition fee prescribed by this
4-10 chapter does not apply to a nonresident student who is a resident
4-11 of a county or parish of Arkansas, Louisiana, New Mexico, or
4-12 Oklahoma that is adjacent to this state and who registers in an
4-13 institution of higher education[, as defined by Section 61.003],
4-14 the governing board of which has agreed to admit the student at the
4-15 resident tuition fee prescribed by this chapter. The state in
4-16 which the student resides must allow a resident of a county of this
4-17 state that is adjacent to that state to register in a public
4-18 institution of higher education in that state at the tuition fee
4-19 charged residents of that state. The student shall pay tuition
4-20 equal to that charged residents of this state at the institution.
4-21 (h) [(g)] In this section:
4-22 (1) "Coordinating board" means the Texas Higher
4-23 Education Coordinating Board.
4-24 (2) "General academic teaching institution" and[,]
4-25 "public technical institute" have [has] the meanings [meaning]
4-26 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. Subsection (a), Section 56.053, Education Code,
5-10 is amended to 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
5-25 Section 54.060, Education Code, applies beginning with tuition
5-26 charged for the 2001 fall semester.
6-1 (b) Section 54.069, Education Code, as added by this Act,
6-2 applies beginning with tuition charged for the 2001 fall semester.
6-3 (c) The change in law made by this Act to Section 56.053,
6-4 Education Code, applies to each emergency student loan made under
6-5 Subchapter D, Chapter 56, Education Code, on or after the effective
6-6 date of this Act.
6-7 SECTION 5. This Act takes effect immediately if it receives
6-8 a vote of two-thirds of all the members elected to each house, as
6-9 provided by Section 39, Article III, Texas Constitution. If this
6-10 Act does not receive the vote necessary for immediate effect, this
6-11 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 743 passed the Senate on
April 5, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting; and that the Senate concurred in House
amendment on May 1, 2001, by the following vote: Yeas 30, Nays 0,
one present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 743 passed the House, with
amendment, on April 27, 2001, by the following vote: Yeas 143,
Nays 0, two present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor