By: Brown of Brazos (Senate Sponsor - Shapiro) H.B. No. 120
         (In the Senate - Received from the House April 23, 2007;
  April 26, 2007, read first time and referred to Subcommittee on
  Higher Education; May 15, 2007, reported adversely, with favorable
  Committee Substitute from Committee on Education by the following
  vote:  Yeas 5, Nays 0; May 15, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 120 By:  West
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to state funding and designated 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 DESIGNATED TUITION RATES FOR COURSES
  PROVIDED DURING OFF-PEAK HOURS AT CERTAIN INSTITUTIONS. (a)  This
  section applies only to a course offered by an institution of higher
  education:
               (1)  beginning at 6 p.m. or later during a weekday;
               (2)  on weekends; or
               (3)  at other times when the institution's
  instructional facilities would otherwise be underutilized, as
  determined by the governing board of the institution.
         (b)  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 tuition rates under Section 54.0513 for a course
  described by Subsection (a) that are not more than 25 percent lower
  than the rates that would otherwise apply to the course under that
  section.
         (c)  This section applies only if the legislature
  specifically appropriates money to institutions to which Section
  61.0592 applies for the state fiscal biennium ending August 31,
  2009, to cover the tuition revenue lost to the institutions by the
  application of this section.
         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.
 
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