80R1982 KEL-D
 
  By: Ellis S.B. No. 579
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on increases in the total amount of tuition
and compulsory fees charged by public institutions of higher
education.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter A, Chapter 54, Education Code, is
amended by adding Section 54.016 to read as follows:
       Sec. 54.016.  LIMITATION ON INCREASE IN TOTAL AMOUNT OF
TUITION AND COMPULSORY FEES. (a) In this section, "compulsory fee"
has the meaning assigned by Section 54.503.
       (b)  The total amount of tuition and compulsory fees charged
by an institution of higher education to a student in an academic
year may not exceed an amount equal to the sum of:
             (1)  as determined by the institution at the beginning
of the academic year, the lesser of:
                   (A)  an amount equal to 10 percent of the amount of
the difference between the median income for four-person families
in this state, as determined by the United States Census Bureau,
during the most recent year for which that data is available and the
year preceding that year; or
                   (B)  $150; and
             (2)  the total amount of tuition and compulsory fees
charged by the institution to a similarly situated student in the
preceding academic year.
       (c)  For purposes of Subsection (b), 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 and compulsory fees charged to
the student.
       (d)  Subsection (b) does not ensure that the total amount of
tuition and compulsory fees charged to an individual student will
not increase to an amount that exceeds the amount permitted by that
subsection 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 and compulsory
fees charged to the student.
       (e)  If as a result of a required statutory increase in
tuition or a compulsory fee an institution of higher education
would charge more in tuition and compulsory fees for an academic
period than permitted by Subsection (b) because the institution
does not have sufficient time before the beginning of the academic
period to adjust its tuition and compulsory fee charges:
             (1)  tuition for which rates are prescribed under
Section 54.051 or another provision prescribing tuition rates and a
compulsory fee for which the rate is prescribed by law shall be
charged at those required rates; and
             (2)  the amount designated as tuition under Section
54.0513 or another provision authorizing an institution to
establish tuition rates, and the amount of a compulsory fee that is
not prescribed by law, must each be reduced by the same percentage
as necessary to comply with Subsection (b), except that the
institution is not required to reduce a fee that is approved by a
majority vote of the institution's students participating in a
general student election held for that purpose.
       (f)  The Texas Higher Education Coordinating Board may adopt
rules as necessary to administer this section.
       SECTION 2.  This Act applies beginning with the total amount
of tuition and compulsory fees charged by public institutions of
higher education for the 2007-2008 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, 2007.