79R11528 KEL-D


By:  Brown of Brazos                                              H.B. No. 1172

Substitute the following for H.B. No. 1172:                                   

By:  Brown of Brazos                                          C.S.H.B. No. 1172



A BILL TO BE ENTITLED

AN ACT

relating to the tuition charged to resident undergraduate students 
of institutions of higher education for excess credit hours and to 
related formula funding.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 54.068(a) and (c), Education Code, are 
amended to read as follows:
	(a)  An institution of higher education may charge a resident 
undergraduate student tuition at a higher rate than the rate 
charged to other resident undergraduate students, not to exceed the 
rate charged to nonresident undergraduate students, if before the 
semester or other academic session begins the student has 
previously attempted a number of semester credit hours for courses 
taken at any institution of higher education while classified as a 
resident student for tuition purposes that equals or exceeds 115 
percent of [by at least 45 hours] the minimum number of semester 
credit hours required for completion of the degree program or 
programs in which the student is enrolled, including minors and 
double majors, and for completion of any certificate or other 
special program in which the student is also enrolled, including a 
program with a study-abroad component.  For purposes of this 
subsection, an undergraduate student who is not enrolled in a 
degree program is considered to be enrolled in a degree program 
requiring a minimum of 120 semester credit hours.
	(c)  Subsection (a) applies only [does not apply] to the 
tuition charged to a student who initially enrolled as an 
undergraduate student in an institution of higher education during 
or after [before] the 1999 fall semester, except that the 
institution of higher education may not require a student who 
initially enrolls as an undergraduate student in an institution of 
higher education before the 2006 fall semester to pay higher 
tuition as permitted by Subsection (a) until the number of semester 
credit hours previously attempted by the student as described by 
that subsection exceeds the number of semester credit hours 
required for the student's degree program or programs by at least 45 
hours.
	SECTION 2.  Section 61.0595, Education Code, is amended by 
amending Subsections (a) and (e) and adding Subsection (f) to read 
as follows:
	(a)  In the formulas established under Section 61.059, the 
board may not include funding for semester credit hours earned by a 
resident undergraduate student who before the semester or other 
academic session begins has previously attempted a number of 
semester credit hours for courses taken at any institution of 
higher education while classified as a resident student for tuition 
purposes that equals or exceeds 115 percent of [by at least 45 
hours] the minimum number of semester credit hours required for 
completion of the degree program or programs in which the student is 
enrolled, including minors and double majors, and for completion of 
any certificate or other special program in which the student is 
also enrolled, including a program with a study-abroad component.
	(e)  Subsection (a) applies only [does not apply] to funding 
for semester credit hours earned by a student who initially 
enrolled as an undergraduate student in any institution of higher 
education during or after [before] the 1999 fall semester, except 
that with respect to semester credit hours earned by a student who 
initially enrolls as an undergraduate student in any institution of 
higher education before the 2006 fall semester, the board may not 
reduce funding under this section until the number of semester 
credit hours previously attempted by the student as described by 
this section exceeds the number of semester credit hours required 
for the student's degree program or programs by at least 45 hours.
	(f)  In the formulas established under Section 61.059, the 
board shall include without consideration of Subsection (a) funding 
for semester credit hours earned by a student who initially 
enrolled as an undergraduate student in any institution of higher 
education before the 1999 fall semester [for those semester credit 
hours without consideration of Subsection (a)].
	SECTION 3.  The change in law made by this Act applies 
beginning with the 2005 fall semester.
	SECTION 4.  This Act takes effect September 1, 2005.