By: Villarreal H.B. No. 1877

A BILL TO BE ENTITLED

AN ACT

relating to a moratorium and other limitations on increases in designated tuition charged by public institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 54.0513, Education Code, is amended by adding Subsections (g), (h), and (i) to read as follows:

(g) The amount of tuition charged to a student under this section may not exceed by more than five percent the total amount of tuition that the institution would have charged under this section to a similarly situated student in the preceding academic year. If, in an academic year, a governing board charges a student under this section an amount of tuition that exceeds the total amount of tuition that the institution would have charged under this section to a similarly situated student in the preceding academic year, the governing board may not again raise the amount of the student's tuition under this section for all or any part of the current academic year. 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. The Texas Higher Education Coordinating Board may adopt rules as necessary to administer this subsection.

(h) Notwithstanding Subsection (g), for the 2007-2008 academic year, the 2008-2009 academic year, and the 2009-2010 academic year, the amount of tuition charged to a student under this section may not exceed the total amount of tuition that the institution would have charged under this section to a similarly situated student in the 2006-2007 academic year. 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. The Texas Higher Education Coordinating Board may adopt rules as necessary to administer this subsection. This subsection expires September 1, 2010.

(i) If a student has paid an amount of tuition charged under this section for the 2007 fall semester in excess of the maximum amount permitted by this section, the institution, not later than January 1, 2008, shall refund to the student the excess amount of tuition paid. This subsection expires September 1, 2008.

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, 2007.