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79R5273 CAS-D

By:  Ellis                                                        S.B. No. 1554



A BILL TO BE ENTITLED

AN ACT

relating to a limitation on increases in the total amount of tuition 
charged by public institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 54, Education Code, is 
amended by adding Section 54.0514 to read as follows:
	Sec. 54.0514.  LIMITATION ON INCREASE IN TOTAL AMOUNT OF 
TUITION.  (a)  In this section, "tuition" includes:
		(1)  tuition for which the rates are prescribed by this 
chapter; and 
		(2)  tuition charged by an institution of higher 
education under Section 54.0513 or another law authorizing an 
institution to establish tuition rates.
	(b)  The total amount of tuition charged by an institution of 
higher education to a student may not exceed the total amount of 
tuition that the institution would have charged to a similarly 
situated student in the preceding academic year by more than five 
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 charged to the student.  This 
subsection does not ensure that the total amount of tuition charged 
to an individual student does not increase by more than five 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 charged to the student.
	(c)  The Texas Higher Education Coordinating Board may adopt 
rules as necessary to administer this section.
	(d)  In addition to the limitation on tuition increases 
provided by Subsection (b), the total amount of tuition charged by 
an institution of higher education to a student for the 2005-2006 
academic year may not be more than five percent higher than the 
total amount of tuition charged for the 2002-2003 academic year to a 
similarly situated student as determined under Subsection (b).
	(e)  If a student has paid an amount of tuition for the 2005 
fall semester in excess of the maximum amount permitted by this 
section, the institution, not later than January 1, 2006, shall 
refund to the student the excess amount of tuition paid.  This 
subsection expires September 1, 2006.
	SECTION 2.  This Act applies beginning with tuition 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.