BILL ANALYSIS
By: Zaffirini
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Current law does not authorize the application of general property deposits made by students at institutions of higher education toward balances other than those incurred in libraries or laboratories and does not provide a time frame for institutions to determine whether students might enroll for another semester of classes before any refunds are made.
C.S.S.B. 1233 authorizes a general deposit to be applied toward other balances and provides institutions time to identify all amounts owed by a student and to determine whether the student intends to enroll in another semester or summer session.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to any state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Section 54.203(a), Education Code, as follows:
Renames “property deposit” as “general deposit” to conform to the amendments in Section 5 of the bill.
SECTION 2. Amends Section 54.204(b), Education Code, as follows:
Renames “property deposits” as “general deposits” to conform to the amendments in Section 5 of the bill.
SECTION 3. Amends Section 54.205(a)(4), Education Code, as follows:
Renames “property deposit” as “general deposit” to conform to the amendments in Section 5 of the bill.
SECTION 4. Amends Section 54.502, Education Code, as follows:
Renames the heading to read "GENERAL DEPOSITS."
SECTION 5. Amends Section 54.502(a), Education Code, as follows:
(a) Authorizes an institution of higher education to collect a reasonable deposit in an amount not to exceed $100 from each student to insure the institution against any losses, damages, and breakage for which the student is responsible and to cover any other amounts owed by the student to the institution, rather than losses, damages, and breakage in libraries and laboratories. Requires the institution to return to the student the deposit, less any such amounts owed to the institution by the student. Requires the deposit to be returned within a reasonable period after the date of the student's withdrawal or graduation from the institution, not to exceed 180 days, that provides the institution with sufficient time to identify all amounts owed and to determine that the student does not intend to enroll at the institution in the semester or summer session immediately following the student's withdrawal or gradation or, if the student withdraws or graduates in the spring semester, in the next fall semester. Makes a conforming change.
SECTION 6. Amends Section 54.5021(a), Education Code, as follows:
Renames “property deposit” as “general deposit” and "property deposits" as "general deposits" to conform to the amendments in Section 5 of the bill. Makes non-substantive clarifying changes.
SECTION 7. Amends Section 54.5022, Education Code, as follows:
Renames the heading to read “INVESTMENT OF GENERAL DEPOSITS.” Renames “property deposits” as “general deposits” to conform to the amendments in Section 5 of the bill. Makes non-substantive clarifying changes.
SECTION 8. Effective date.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Makes changes to sections of the Education Code in Sections 1, 2, 3, 4, 6, and 7 of the bill to reflect changes to the code made in Section 5 of the bill. Makes other conforming and non-substantive clarifying changes.