1-1 By: Lucio S.B. No. 743
1-2 (In the Senate - Filed February 16, 2001; February 19, 2001,
1-3 read first time and referred to Committee on Education;
1-4 March 29, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 29, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 743 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the tuition charged to certain foreign students
1-11 enrolled in a graduate public health course in a border county.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 54.060, Education Code, is amended to
1-14 read as follows:
1-15 Sec. 54.060. RESIDENT OF BORDERING STATE OR NATION OR
1-16 PARTICIPANT IN STUDENT EXCHANGE PROGRAM: TUITION. (a) The
1-17 nonresident tuition fee prescribed by this chapter does not apply
1-18 to a nonresident student who is a resident of Arkansas, Louisiana,
1-19 New Mexico, or Oklahoma and who registers in a public upper-level
1-20 institution of higher education, Lamar State College--Orange, Lamar
1-21 State College--Port Arthur, a Texas public junior college, or a
1-22 public technical institute that is situated in a county immediately
1-23 adjacent to the state in which the nonresident student resides.
1-24 The nonresident tuition fee prescribed by this chapter does not
1-25 apply to a nonresident student who is a resident of New Mexico or
1-26 Oklahoma and who registers in a public technical institute that is
1-27 situated in a county that is within 100 miles of the state in which
1-28 the nonresident student resides and who is admitted for the purpose
1-29 of utilizing available instructional facilities. The nonresident
1-30 student described in this subsection shall pay an amount equivalent
1-31 to the amount charged a Texas student registered at a similar
1-32 school in the state in which the nonresident student resides. For
1-33 purposes of this subsection, "public upper-level institution of
1-34 higher education" means an institution of higher education that
1-35 offers only junior-level and senior-level courses or only
1-36 junior-level, senior-level, and graduate-level courses.
1-37 (b) The foreign student tuition fee prescribed in this
1-38 chapter does not apply to a foreign student who is a resident of a
1-39 nation situated adjacent to Texas, demonstrates financial need as
1-40 provided by Subsection (c), and [who] registers in:
1-41 (1) any general academic teaching institution[, as
1-42 defined in Section 61.003(3) of this code,] or component of the
1-43 Texas State Technical College System located in a county
1-44 immediately adjacent to the nation in which the foreign student
1-45 resides;
1-46 (2) [or who registers for] lower division courses at a
1-47 community or junior college having a partnership agreement pursuant
1-48 to Subchapter N, Chapter 51, [of this code,] with an upper-level
1-49 university and both institutions are located in the county
1-50 immediately adjacent to the nation in which the foreign student
1-51 resides;
1-52 (3) [, or who registers in] Texas A&M
1-53 University--Kingsville or Texas A&M University--Corpus Christi; or
1-54 (4) courses that are part of a graduate degree program
1-55 in public health and are conducted in a county immediately adjacent
1-56 to the nation in which the foreign student resides[, and, except as
1-57 provided by this subsection, who demonstrates a financial need
1-58 after the financial resources of the foreign student and the
1-59 student's family are considered].
1-60 (c) A [The] foreign student to whom Subsection (b) applies
1-61 [described in this subsection] shall pay tuition equal to that
1-62 charged Texas residents under Sections 54.051 and 54.0512 [of this
1-63 code]. The coordinating board shall adopt rules governing the
1-64 determination of financial need of students to whom Subsection (b)
1-65 applies [under this subsection] and rules governing a pilot project
2-1 to be established at general academic teaching institutions and at
2-2 components of the Texas State Technical College System in counties
2-3 that are not immediately adjacent to the nation in which the
2-4 foreign student resides.
2-5 (d) [(c)] The coordinating board by rule shall establish a
2-6 program with the United Mexican States and with Canada for the
2-7 exchange of students and shall establish programs with other
2-8 nations for the exchange of students to the extent practicable.
2-9 The foreign student tuition fee prescribed in this chapter does not
2-10 apply to a foreign student participating in an exchange program
2-11 established under this section.
2-12 (e) [(d)] The coordinating board shall adopt rules to
2-13 determine the number of students who may participate in the
2-14 programs provided by Subsections (b) and (d) [(c) of this section]
2-15 and the students who may transfer from any general academic
2-16 teaching institution or component of the Texas State Technical
2-17 College System in a county immediately adjacent to the nation in
2-18 which the foreign student resides to attend another general
2-19 academic teaching institution or component of the Texas State
2-20 Technical College System to complete a degree, certificate, or
2-21 diploma or attend graduate school.
2-22 (f) [(e)] The payment of resident tuition at Lamar State
2-23 College--Orange, Lamar State College--Port Arthur, or a public
2-24 technical institute as authorized by Subsection (a) [of this
2-25 section] or at an institution of higher education as authorized by
2-26 Subsection (g) [(f)] does not affect the constitutionally dedicated
2-27 funding to which institutions of higher education are entitled
2-28 under Article VII, Section 17, of the Texas Constitution.
2-29 (g) [(f)] The nonresident tuition fee prescribed by this
2-30 chapter does not apply to a nonresident student who is a resident
2-31 of a county or parish of Arkansas, Louisiana, New Mexico, or
2-32 Oklahoma that is adjacent to this state and who registers in an
2-33 institution of higher education[, as defined by Section 61.003],
2-34 the governing board of which has agreed to admit the student at the
2-35 resident tuition fee prescribed by this chapter. The state in
2-36 which the student resides must allow a resident of a county of this
2-37 state that is adjacent to that state to register in a public
2-38 institution of higher education in that state at the tuition fee
2-39 charged residents of that state. The student shall pay tuition
2-40 equal to that charged residents of this state at the institution.
2-41 (h) [(g)] In this section:
2-42 (1) "Coordinating board" means the Texas Higher
2-43 Education Coordinating Board.
2-44 (2) "General academic teaching institution" and[,]
2-45 "public technical institute" have [has] the meanings [meaning]
2-46 assigned by Section 61.003 [of this code].
2-47 SECTION 2. The change in law made by this Act to Section
2-48 54.060, Education Code, applies beginning with tuition charged for
2-49 the 2001 fall semester.
2-50 SECTION 3. This Act takes effect immediately if it receives
2-51 a vote of two-thirds of all the members elected to each house, as
2-52 provided by Section 39, Article III, Texas Constitution. If this
2-53 Act does not receive the vote necessary for immediate effect, this
2-54 Act takes effect September 1, 2001.
2-55 * * * * *