79R468 CAS-D
By: Brown of Brazos H.B. No. 19
A BILL TO BE ENTITLED
AN ACT
relating to tuition and fee rebates for timely completion of degree
programs offered by general academic teaching institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 54, Education Code, is
amended by adding Section 54.0061 to read as follows:
Sec. 54.0061. TUITION AND FEE REBATE FOR TIMELY COMPLETION
OF DEGREE PROGRAM. (a) In this section:
(1) "Compulsory fee" has the meaning assigned by
Section 54.503.
(2) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(3) "General academic teaching institution" has the
meaning assigned by Section 61.003.
(b) A student is eligible to receive a rebate of a portion of
the undergraduate tuition and compulsory fees the student has paid
if the student:
(1) enrolls at a general academic teaching
institution:
(A) as a first-time freshman; or
(B) not later than the first fall semester
following the student's graduation from high school;
(2) after satisfying the requirement of Subdivision
(1), remains continuously enrolled at a general academic teaching
institution until graduation, except as otherwise permitted by this
section;
(3) at all times while the student is enrolled at a
general academic teaching institution, is a resident of this state
for purposes of Subchapter B, Chapter 54, or is otherwise entitled
to pay tuition and fees at the rate provided for residents of this
state;
(4) is awarded a baccalaureate degree from a general
academic teaching institution; and
(5) completes the student's degree program in
accordance with the following time requirements:
(A) for a four-year degree program, on or before
the fourth anniversary of the date the student first enrolls in a
general academic teaching institution; or
(B) for a degree program of any other length, not
later than the end of the standard completion period for that
program, as established by the general academic teaching
institution awarding the degree.
(c) The amount of a rebate under this section is the
difference between the total amount of tuition and compulsory fees
the student actually paid while enrolled in a general academic
teaching institution and the total amount the student would have
paid during that period if the student paid tuition at the rate and
compulsory fees in the total amount in effect for the first full
semester the student was enrolled in a general academic teaching
institution. A student may not receive a rebate under this section
if for any reason the amount of tuition and compulsory fees the
student actually paid is equal to or less than the amount of tuition
and compulsory fees the student would have paid if the student had
paid tuition at the rate and compulsory fees in the total amount in
effect for that first full semester.
(d) A student who is otherwise eligible to receive a rebate
under this section and who transfers from one general academic
teaching institution to another remains eligible for a rebate under
this section. An eligible transfer student enrolling at a general
academic teaching institution must provide all undergraduate
transcripts and receipts for tuition and fee payments to the
institution to enable the institution to verify the student's
eligibility for a rebate and determination of the amount of the
rebate.
(e) Each general academic teaching institution shall notify
each entering undergraduate student of the rebate program under
this section.
(f) The general academic teaching institution awarding the
degree to a student eligible for a rebate under this section shall
pay the rebate from local funds.
(g) If a student eligible for a rebate under this section
has an outstanding student loan, including an emergency loan, owed
or guaranteed by this state, including the Texas Guaranteed Student
Loan Corporation, the general academic teaching institution
awarding the degree shall apply the amount of the rebate to the
student's loan. If a student has more than one outstanding loan,
the institution shall apply the amount of the rebate to the loans as
directed by the student or, if the student fails to provide timely
instructions on the application of the amount, the institution
shall apply the amount of the rebate to the loans according to
priorities established by coordinating board rule. If the amount
of the rebate exceeds the amount of the student's debt on the loan
or loans, the institution shall pay the student the excess amount.
(h) The legislature shall account in the General
Appropriations Act for a rebate authorized by this section in a
manner that provides a corresponding increase in the general
revenue funds appropriated to the general academic teaching
institution that pays the rebate. To the extent practicable,
rebates authorized by this section shall be financed by savings to
the state resulting from reducing the periods that undergraduate
students are enrolled in general academic teaching institutions.
(i) A student who is eligible for a rebate under this
section may also qualify for a rebate under Section 54.0065.
(j) In consultation with general academic teaching
institutions, the coordinating board shall adopt any rules
necessary to administer this section, including rules consistent
with Subsection (c) for determining rebate amounts for students who
transfer among general academic teaching institutions, rules
governing the application of rebate amounts to outstanding student
loans, and rules allowing students to suspend their enrollment or
giving students additional time to complete their degree programs
as described by Subsection (k).
(k) The coordinating board shall adopt rules to allow a
student to receive a rebate under this section if the student
satisfies the other requirements of this section but is unable to
remain continuously enrolled at a general academic teaching
institution as required by Subsection (b)(2) or to complete the
student's degree program within the period required by Subsection
(b)(5) solely as a result of a hardship or other good cause shown,
including a showing of:
(1) a severe illness or other debilitating condition
that affects the student's ability to satisfy the requirement of
Subsection (b)(2) or (5); or
(2) the student's responsibility for the care of a
sick, injured, or needy person if the provision of care affects the
student's ability to satisfy the requirement of Subsection (b)(2)
or (5).
(l) This section does not apply to a student who enters a
general academic teaching institution for the first time before the
2005 summer session. This subsection expires January 1, 2011.
SECTION 2. The Texas Higher Education Coordinating Board
shall adopt rules for the administration of Section 54.0061,
Education Code, as added by this Act, as soon as practicable after
this Act takes effect. For that purpose, the coordinating board may
adopt the initial rules in the manner provided by law for emergency
rules.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.