80R303 CAS-D
 
  By: Brown of Brazos H.B. No. 120
 
A BILL TO BE ENTITLED
AN ACT
relating to state funding and tuition charged for courses provided
during off-peak hours at certain public institutions of higher
education.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0592 to read as follows:
       Sec. 61.0592.  FUNDING FOR COURSES PROVIDED DURING OFF-PEAK
HOURS AT CERTAIN INSTITUTIONS. (a) The purposes of this section
are:
             (1)  to ensure that student demand for courses is met;
and
             (2)  to encourage the efficient use of existing
instructional facilities while reducing the need for new
instructional facilities.
       (b)  This section applies only to funding for a course
provided by:
             (1)  The University of Texas at Austin;
             (2)  Texas A&M University; or
             (3)  Texas Tech University.
       (c)  To carry out the purposes of this section, for each
institution of higher education listed under Subsection (b), the
board shall include in the formulas established under Section
61.059 funding in amounts sufficient to cover the institution's
revenue loss resulting from any reduction in tuition rates under
Section 54.061.
       (d)  In addition to the funding included under Subsection
(c), in the formulas established under Section 61.059, as an
incentive for the institutions to reduce tuition rates under
Section 54.061, the board may include additional funding that
represents a portion of the savings to the state resulting from the
institution's efficient use of resources.
       SECTION 2.  Subchapter B, Chapter 54, Education Code, is
amended by adding Section 54.061 to read as follows:
       Sec. 54.061.  REDUCED TUITION RATES FOR COURSES PROVIDED
DURING OFF-PEAK HOURS AT CERTAIN INSTITUTIONS. In accordance with
coordinating board rules and for the purposes stated in Section
61.0592, the governing board of an institution of higher education
to which Section 61.0592 applies may establish resident and
nonresident tuition rates that are lower than the applicable rates
otherwise required or authorized by this chapter for a course
offered:
             (1)  during the evening;
             (2)  on weekends; or
             (3)  at other times that the institution's
instructional facilities would otherwise be underutilized, as
determined by the board.
       SECTION 3.  As soon as practicable after the effective date
of this Act, the Texas Higher Education Coordinating Board shall
adopt rules under which public institutions of higher education may
establish lower tuition rates in accordance with Section 54.061,
Education Code, as added by this Act.
       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, 2007.