79R3128 CAS-D

By:  West                                                         S.B. No. 530



A BILL TO BE ENTITLED

AN ACT

relating to a fixed tuition rate provided by general academic 
teaching institutions to certain students for satisfactory 
academic progress and performance.
	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 SATISFACTORY ACADEMIC 
PROGRESS AND PERFORMANCE.  (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 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:
		(1)  enrolled in the institution:                                      
			(A)  as a first-time freshman; or                                     
			(B)  not later than the first fall semester 
following the student's graduation from high school;
		(2)  has been continuously enrolled at the institution 
since initial enrollment in the institution;
		(3)  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;
		(4)  is enrolled for a full course load for an 
undergraduate student, as determined by the coordinating board, in 
a baccalaureate degree program;
		(5)  has completed at least 75 percent of the semester 
credit hours previously attempted at the institution; and
		(6)  has earned a cumulative grade point average of at 
least 2.5 on a four-point scale or the equivalent on all coursework 
previously attempted at the institution.
	(c)  Subsection (b) does not apply to a student enrolled in a 
general academic teaching institution:
		(1)  after the fourth anniversary of the date the 
student first enrolls in the institution, if on that anniversary 
the student is enrolled in a four-year baccalaureate degree 
program; or
		(2)  after the end of the standard completion period 
established by the institution for the student's degree program, if 
the student is enrolled in a baccalaureate degree program other 
than a four-year program.
	(d)  Each general academic teaching institution shall notify 
each entering undergraduate student 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, including rules necessary for purposes of Subsection 
(f).
	(f)  The coordinating board shall adopt rules requiring a 
general academic teaching institution to provide a fixed tuition 
rate under this section to a student who satisfies the other 
requirements of this section but, solely as a result of a hardship 
or other good cause shown as determined by board rule, is unable to 
satisfy the requirements of Subsection (b)(2), (4), or (5).
	(g)  This section does not apply to a student who transfers 
from one institution of higher education to another.
	(h)  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.