By:  Giddings                                                     H.B. No. 3119



A BILL TO BE ENTITLED

AN ACT

relating to the grade point average of and imposition of a fee on a 
student who repeats a course at a public institution of higher 
education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter Z, Chapter 51, Education Code, is 
amended by adding Section 51.9315 to read as follows:
	Sec. 51.9315.  EFFECT OF REPEATING UNDERGRADUATE COURSE ON 
GRADE POINT AVERAGE.  (a)  Each institution of higher education 
shall adopt a uniform policy applicable to all students of the 
institution for calculating the grade point average of a student 
who completes a course at the institution that the student has 
previously completed at the same institution.  The policy must 
provide for one of the following methods of calculating the 
student's grade point average:
		(1)  the higher grade received by the student for the 
course is included in the calculation and the lower grade is 
excluded, except that if the student receives the same grade both 
times the student completes the course, the grade received when the 
student repeats the course is included and the former grade is 
excluded; or
		(2)  the grade received when the student repeats the 
course is included in the calculation and the grade received the 
first time the student completed the course is excluded from the 
calculation.
	(b)  A policy adopted under Subsection (a) does not apply to 
a course that a student repeats in a term or semester in which the 
student repeats one or more courses that could result in the 
exclusion of a total of more than 15 credit hours from the 
calculation of the student's grade point average under the 
institution's policy adopted under Subsection (a).
	(c)  For purposes of this section, courses completed by a 
student are considered the same course only if the content of each 
course does not vary significantly from the content of the other 
course or courses, as determined by the institution.  For purposes 
of this subsection, the content of a course that changes solely 
because of intervening advances in knowledge or technology is not 
considered to vary significantly from the content of the course 
offered before those advances.
	(d)  If a student enrolls in the same course at the same 
institution more than two times, each of the student's grades in the 
course shall be included in the calculation of the student's grade 
point average.
	(e)  This section does not apply to:                                    
		(1)  a graduate-level course or a course in which a 
student enrolls for credit in a postgraduate program; or
		(2)  a course that a student completed the first time 
before the 2006 fall semester.
	(f)  The exclusion of a grade received for a course under 
this section does not authorize the institution to change the 
student's permanent record.  The transcript and permanent record of 
a student from whose grade point average calculation a grade for a 
course is excluded under this section must include the same 
information for that course, including the grade received, that 
would otherwise be included if the grade were included in the 
calculation of the student's grade point average.
	(g)  An institution of higher education may not apply a 
policy adopted under this section to a student for a course the 
student repeated before the policy takes effect in a manner that 
would reduce the student's grade point average for courses 
completed before the policy takes effect.
	SECTION 2.  Subchapter E, Chapter 54, Education Code, is 
amended by adding Section 54.547 to read as follows:
	Sec. 54.547.  FEE FOR REPEATING COURSE.  (a)  The governing 
board of an institution of higher education may impose a fee for a 
course for which a student enrolls if the student has previously 
completed the same course at the institution.  The amount of the fee 
may not exceed what would be charged to a non-resident student who 
undertakes a course three or more times.
	(b)  Money collected from the fee may be used for any purpose 
of the institution and is not considered to be tuition or a required 
course fee for purposes of the funding formulas established by the 
Texas Higher Education Coordinating Board under Section 61.059.
	(c)  For purposes of this section, courses are considered to 
be the same course only if the content of each course does not vary 
significantly from the content of the other course or courses, as 
determined by the institution.  For purposes of this subsection, 
the content of a course that changes solely because of intervening 
advances in knowledge or technology is not considered to vary 
significantly from the content of the course offered before those 
advances.
	(d)  This section does not apply to:                                    
		(1)  a graduate-level course or a course in which a 
student enrolls for credit in a postgraduate program;
		(2)  a course that the student completed before the 
2006 fall semester; or
		(3)  a remedial education course or other course not 
offered primarily for credit toward completion of a degree or 
certificate program.
	SECTION 3.  Section 51.9315, Education Code, as added by 
this Act, applies to the calculation of a grade point average 
beginning with the 2006 fall semester.  After this Act takes effect 
until the 2006 fall semester, each institution of higher education 
shall implement Section 51.9315, Education Code, as added by this 
Act, concurrently with routine computer acquisition, maintenance, 
and upgrade.
	SECTION 4.  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.