By: Zaffirini  S.B. No. 1231
       (In the Senate - Filed March 6, 2007; March 14, 2007, read
first time and referred to Subcommittee on Higher Education;
April 4, 2007, reported favorably from Committee on Education by
the following vote:  Yeas 8, Nays 0; April 4, 2007, sent to
printer.)
 
 
A BILL TO BE ENTITLED
AN ACT
 
relating to refunding tuition and mandatory fees at institutions of
higher education for dropped courses and student withdrawals.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  The heading to Section 54.006, Education Code,
is amended to read as follows:
       Sec. 54.006.  REFUND OR ADJUSTMENT OF TUITION AND MANDATORY
FEES FOR DROPPED COURSES AND STUDENT WITHDRAWALS.
       SECTION 2.  Section 54.006, Education Code, is amended by
amending Subsections (a), (b), (c), and (e), and adding Subsection
(a-1) to read as follows:
       (a)  A general academic teaching institution or medical and
dental unit, as soon as practicable, shall refund the amount of
[fees and] tuition and mandatory fees [in excess of the minimum
tuition] collected for courses from which students drop within the
first 12 days of a fall or spring semester or a summer term of 12
weeks or longer, within the first four days of a [summer] term or
session of more than five weeks but less than 12 weeks, or within
the period specified by the institution for that purpose for a term
or session of five weeks or less that is substantially proportional
to the period specified by this subsection for a longer term or
session. The institution or medical and dental unit may not delay a
refund under this subsection on the grounds that the student may
withdraw from the institution or unit later in the semester or term.
       (a-1) An institution may assess a nonrefundable $15
matriculation fee if the student withdraws from the institution
before the first day of classes.
       (b)  A general academic teaching institution or medical and
dental unit shall refund to a student withdrawing from the
institution or unit an amount equal to the product of the amount of
tuition and mandatory fees collected for each course in which the
student is enrolled on the date the student withdraws multiplied by
the applicable percentage derived from the following tables:
             (1)  if the student withdraws during a fall or spring
semester or a summer term of 12 weeks or longer [or comparable
trimester]:
                   (A)  prior to the first class day100 percent
                   (B)  during the first five class days80 percent
                   (C)  during the second five class days70 percent
                   (D)  during the third five class days50 percent
                   (E)  during the fourth five class days25 percent
                   (F)  after the fourth five class daysNone; [and]
             (2)  if the student withdraws during a [summer] term or
session of more than five weeks but less than 12 weeks:
                   (A)  prior to the first class day100 percent
                   (B)  during the first, second, or third class
day 80 percent
                   (C)  during the fourth, fifth, or sixth class
day 50 percent
                   (D)  seventh day of class and thereafterNone; and
             (3)  if the student withdraws from a term or session of
five weeks or less:
                   (A)  prior to the first class day100 percent
                   (B)  during the first class day80 percent
                   (C)  during the second class day50 percent
                   (D)  during the third class day
and thereafterNone.
       (c)  Separate withdrawal refund schedules may be established
for optional fees [such as intercollegiate athletics, cultural
entertainment, parking, and yearbooks].
       (e)  A general academic teaching institution or medical and
dental unit shall terminate a student's student services and
privileges, including [such as] health services, library
privileges, facilities and technology usage, and athletic and
cultural entertainment tickets, when the [a] student withdraws from
the institution.
       SECTION 3.  Subsection (g), Section 54.006, Education Code,
is repealed.
       SECTION 4.  The change in law made by this Act applies to
tuition and mandatory fees charged beginning with the fall 2007
semester.
       SECTION 5.  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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