By Lucio                                               S.B. No. 743
         77R4500 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the tuition charged to certain foreign students for
 1-3     graduate public health courses offered by general academic teaching
 1-4     institutions located in border counties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 54.060, Education Code, is amended by
 1-7     amending Subsections (b)-(g) and adding Subsection (h) to read as
 1-8     follows:
 1-9           (b)  The foreign student tuition fee prescribed in this
1-10     chapter does not apply to a foreign student who is a resident of a
1-11     nation situated adjacent to Texas, who demonstrates financial need
1-12     as provided by Subsection (c), and who registers:
1-13                 (1)  at a [in any] general academic teaching
1-14     institution, as defined in Section 61.003(3) in a county
1-15     immediately adjacent to the nation in which the foreign student
1-16     resides;
1-17                 (2)  at a [of this code, or] component of the Texas
1-18     State Technical College System located in a county immediately
1-19     adjacent to the nation in which the foreign student resides;
1-20                 (3)  [or who registers] for lower division courses at a
1-21     community or junior college having a partnership agreement pursuant
1-22     to Subchapter N, Chapter 51, [of this code,] with an upper-level
1-23     university, if [and] both institutions are located in the county
1-24     immediately adjacent to the nation in which the foreign student
 2-1     resides;
 2-2                 (4)  at[, or who registers in] Texas A&M
 2-3     University--Kingsville or Texas A&M University--Corpus Christi; or
 2-4                 (5)  for courses that are part of a degree program in
 2-5     public health offered by a medical and dental unit, as defined by
 2-6     Section 61.003, at an institution, branch campus, center, or other
 2-7     location in a county immediately adjacent to the nation in which
 2-8     the foreign student resides[, and, except as provided by this
 2-9     subsection, who demonstrates a financial need after the financial
2-10     resources of the foreign student and the student's family are
2-11     considered].
2-12           (c)  The foreign student described in Subsection (b) [this
2-13     subsection] shall pay tuition equal to that charged Texas residents
2-14     under Sections 54.051 and 54.0512 [of this code].  The coordinating
2-15     board shall adopt rules governing the determination of financial
2-16     need of students under Subsection (b) [this subsection] and rules
2-17     governing a pilot project to be established at general academic
2-18     teaching institutions and at components of the Texas State
2-19     Technical College System in counties that are not immediately
2-20     adjacent to the nation in which the foreign student resides.
2-21           (d) [(c)]  The coordinating board by rule shall establish a
2-22     program with the United Mexican States and with Canada for the
2-23     exchange of students and shall establish programs with other
2-24     nations for the exchange of students to the extent practicable. The
2-25     foreign student tuition fee prescribed in this chapter does not
2-26     apply to a foreign student participating in an exchange program
2-27     established under this section.
 3-1           (e) [(d)]  The coordinating board shall adopt rules to
 3-2     determine the number of students who may participate in the
 3-3     programs provided by Subsections (b), [and] (c), and (d) [of this
 3-4     section] and the students who may transfer from any general
 3-5     academic teaching institution or component of the Texas State
 3-6     Technical College System in a county immediately adjacent to the
 3-7     nation in which the foreign student resides to attend another
 3-8     general academic teaching institution or component of the Texas
 3-9     State Technical College System to complete a degree, certificate,
3-10     or diploma or attend graduate school.
3-11           (f) [(e)]  The payment of resident tuition at Lamar State
3-12     College--Orange, Lamar State College--Port Arthur, or a public
3-13     technical institute as authorized by Subsection (a) [of this
3-14     section] or at an institution of higher education as authorized by
3-15     Subsection (g) [(f)] does not affect the constitutionally dedicated
3-16     funding to which institutions of higher education are entitled
3-17     under Article VII, Section 17, of the Texas Constitution.
3-18           (g) [(f)]  The nonresident tuition fee prescribed by this
3-19     chapter does not apply to a nonresident student who is a resident
3-20     of a county or parish of Arkansas, Louisiana, New Mexico, or
3-21     Oklahoma that is adjacent to this state and who registers in an
3-22     institution of higher education, as defined by Section 61.003, the
3-23     governing board of which has agreed to admit the student at the
3-24     resident tuition fee prescribed by this chapter.  The state in
3-25     which the student resides must allow a resident of a county of this
3-26     state that is adjacent to that state to register in a public
3-27     institution of higher education in that state at the tuition fee
 4-1     charged residents of that state.  The student shall pay tuition
 4-2     equal to that charged residents of this state at the institution.
 4-3           (h) [(g)]  In this section, "public technical institute" has
 4-4     the meaning assigned by Section 61.003 [of this code].
 4-5           SECTION 2. The change in law made by this Act applies
 4-6     beginning with tuition charged for the 2001 fall semester.
 4-7           SECTION 3.  This Act takes effect immediately if it receives
 4-8     a vote of two-thirds of all the members elected to each house, as
 4-9     provided by Section 39, Article III, Texas Constitution.  If this
4-10     Act does not receive the vote necessary for immediate effect, this
4-11     Act takes effect September 1, 2001.