79R1649 CAS-D

By:  Averitt                                                      S.B. No. 470



A BILL TO BE ENTITLED

AN ACT

relating to the portion of designated tuition set aside to fund 
financial assistance for resident undergraduate and graduate 
students at public institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 56.011, Education Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  The governing board of an [each] institution of higher 
education shall cause to be set aside not less than the following 
percentage [20 percent] of any amount of tuition charged to a 
resident undergraduate student under Section 54.0513 in excess of 
$46 per semester credit hour:
		(1)  20 percent, if the institution charges more than 
$46 but not more than $66 per semester credit hour;
		(2)  30 percent, if the institution charges more than 
$66 but not more than $86 per semester credit hour; and
		(3)  40 percent, if the institution charges more than 
$86 per semester credit hour.
	(a-1) The funds set aside under this section by an 
institution shall be used to provide financial assistance for 
resident undergraduate students enrolled in the institution.
	SECTION 2.  Section 56.012, Education Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  The governing board of an [each] institution of higher 
education shall cause to be set aside not less than the following 
percentage [15 percent] of any amount of tuition charged to a 
resident student enrolled in a graduate or professional degree 
program under Section 54.0513 in excess of $46 per semester credit 
hour:
		(1)  15 percent, if the institution charges more than 
$46 but not more than $66 per semester credit hour;
		(2)  25 percent, if the institution charges more than 
$66 but not more than $86 per semester credit hour; and
		(3)  35 percent, if the institution charges more than 
$86 per semester credit hour.
	(a-1) The funds set aside under this section by an 
institution shall be used to provide financial assistance for 
resident students enrolled in graduate and professional degree 
programs at the institution.
	SECTION 3.  The change in law made by this Act applies only 
to the portion of tuition set aside under Sections 56.011 and 
56.012, Education Code, beginning with the 2005 fall semester.  The 
portion of tuition set aside under those sections in an academic 
period before the 2005 fall semester is covered by the applicable 
law in effect before the effective date of this Act, and the former 
law is continued in effect for that purpose.
	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.