79R5679 CAS-D

By:  Gallego                                                      H.B. No. 2688



A BILL TO BE ENTITLED

AN ACT

relating to a limitation on increases in the total amount of tuition 
and compulsory fees charged by public institutions of higher 
education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 54, Education Code, is 
amended by adding Section 54.011 to read as follows:
	Sec. 54.011.  LIMITATION ON INCREASE IN TOTAL AMOUNT OF 
TUITION AND COMPULSORY FEES.  (a)  In this section, "compulsory fee" 
has the meaning assigned by Section 54.503.
	(b)  The total amount of tuition and compulsory fees charged 
by an institution of higher education to a student may not exceed 
the total amount of tuition and compulsory fees that the 
institution would have charged to a similarly situated student in 
the preceding academic year by more than three percent.  For 
purposes of this subsection, students are similarly situated if 
they share the same residency status, degree program, course load, 
course level, tuition exemption status, and other circumstances 
affecting the tuition and compulsory fees charged to the student.  
This subsection does not ensure that the total amount of tuition and 
compulsory fees charged to an individual student will not increase 
by more than three percent based on a change in the student's 
residency status, degree program, course load, course level, 
tuition exemption status, or other circumstance affecting the 
tuition and compulsory fees charged to the student.
	(c)  If as a result of a required statutory increase in 
tuition or a compulsory fee an institution of higher education 
would charge more in tuition and compulsory fees for an academic 
period than permitted under Subsection (b) because the institution 
does not have sufficient time before the beginning of the academic 
period to adjust its tuition and compulsory fee charges:
		(1)  tuition for which rates are prescribed under 
Section 54.051 or another provision prescribing tuition rates shall 
be charged at those required rates; and
		(2)  the amount designated as tuition under Section 
54.0513 or another provision authorizing an institution to 
establish tuition rates, and the amount of a compulsory fee that is 
not prescribed by law, must each be reduced by the same percentage 
as necessary to comply with Subsection (b), except that the 
institution is not required to reduce a fee that is approved by a 
majority vote of the institution's students participating in a 
general student election held for that purpose.
	(d)  The Texas Higher Education Coordinating Board may adopt 
rules as necessary to administer this section.
	SECTION 2.  This Act applies beginning with the total amount 
of tuition and compulsory fees charged by public institutions of 
higher education for the 2005-2006 academic year.
	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.