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79R7668 CAS-D

By:  Herrero                                                      H.B. No. 3447



A BILL TO BE ENTITLED

AN ACT

relating to a fixed tuition rate provided by general academic 
teaching institutions to certain undergraduate students.
	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.  FIXED TUITION RATE FOR UNDERGRADUATE STUDENTS.  
(a)  In this section:
		(1)  "Coordinating board" means the Texas Higher 
Education Coordinating Board.
		(2)  "General academic teaching institution" has the 
meaning assigned by Section 61.003.
	(b)  Except as otherwise provided by this section, in a 
semester or other academic term, the governing board of a general 
academic teaching institution may not charge tuition to an 
undergraduate student under Section 54.0513, or under any other law 
granting the institution discretion to set the tuition rate, at a 
rate that exceeds the rate the institution charged the student 
during the first semester or other academic term the student 
enrolled in the institution if the student is currently and at all 
times while enrolled at the institution has been a resident of this 
state for purposes of Subchapter B, Chapter 54, or was otherwise 
entitled to pay tuition at the rate provided for residents of this 
state.
	(c)  If a student enrolls at a general academic teaching 
institution after transferring from a public or private institution 
of higher education, Subsection (b) does not apply to the student 
after the second anniversary of the date of that enrollment, 
regardless of whether the student was ever previously enrolled at 
the institution.  For any other student, Subsection (b) does not 
apply after the fourth anniversary of the date the student first 
enrolls at the institution.
	(d)  Each general academic teaching institution shall notify 
each entering undergraduate student, including each undergraduate 
student who transfers to the institution, of the eligibility 
requirements for a fixed tuition rate under this section.
	(e)  In consultation with the general academic teaching 
institutions, the coordinating board shall adopt any rules the 
coordinating board considers appropriate for the administration of 
this section.
	(f)  This section does not apply to a student who enters a 
general academic teaching institution for the first time before the 
2006 fall semester.  This subsection expires January 1, 2012.
	SECTION 2.  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.