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79R3823 JRJ-D

By:  Dutton                                                       H.B. No. 2034



A BILL TO BE ENTITLED

AN ACT

relating to an exemption from or refund of tuition and fees for 
certain lower-division students enrolled in a general academic 
teaching institution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 54, Education Code, is 
amended by adding Section 54.220 to read as follows:
	Sec. 54.220.  EXEMPTION FOR RESIDENT LOWER-DIVISION 
STUDENTS AT GENERAL ACADEMIC TEACHING INSTITUTIONS FOR MAINTAINING 
HIGH ACADEMIC PERFORMANCE.  (a)  In this section, "general academic 
teaching institution" has the meaning assigned by Section 61.003.
	(b)  An entering freshman student enrolled in a general 
academic teaching institution is entitled to a refund of tuition 
and required fees paid by the student under this chapter for the 
first semester or term for which the student enrolls at that 
institution if the student:
		(1)  graduated from a private high school, including a 
home school, or a public high school in this state;
		(2)  is classified as a Texas resident under Subchapter 
B; and       
		(3)  for all courses attempted that initial semester or 
term earns a grade point average of at least 3.0 on a four-point 
scale or the equivalent.
	(c)  To receive a refund under Subsection (b), the student 
must apply to the institution in the manner required by the 
institution not later than the first anniversary of the last class 
day of the semester or term.
	(d)  A student enrolled in a general academic teaching 
institution is exempt from the payment of tuition and required fees 
authorized by this chapter for a semester or term of the student's 
first two academic years, other than a semester or term covered by 
Subsection (b), at that institution if the student:
		(1)  graduated from a private high school, including a 
home school, or a public high school in this state;
		(2)  is classified as a Texas resident under Subchapter 
B; and       
		(3)  maintains an overall grade-point average of at 
least 3.0 on a four-point scale or the equivalent for all prior 
coursework attempted at the institution.
	(e)  A student receiving an exemption under this section for 
one or more semesters or terms may not enroll for the student's 
third academic year at the institution until the student passes an 
examination to be selected and administered by the institution.
	(f)  An institution to which this section applies may fund 
tuition and fee refunds and exemptions under this section from 
local funds or from funds appropriated to the institution.  The 
institution may provide tuition and fee refunds or exemptions 
beyond those funded through state appropriations specifically 
designated for this purpose.
	(g)  A person may not receive a refund or exemption under 
this section for a semester or term that begins after the 2024-2025 
academic year.  This section expires September 1, 2026.
	SECTION 2.  This Act applies beginning with tuition and fees 
charged for the 2005 fall semester.
	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.