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A BILL TO BE ENTITLED
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AN ACT
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relating to stabilizing the amount of tuition charged to certain |
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residents of this state by general academic teaching institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 54, Education Code, is |
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amended by adding Section 54.016 to read as follows: |
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Sec. 54.016. TUITION STABILIZATION. (a) In this section: |
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(1) "Consumer price index" means the consumer price |
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index for all urban consumers, for all items and all regions of the |
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United States, as published by the United States Department of |
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Labor, Bureau of Labor Statistics, or a successor national index of |
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the change in consumer prices. |
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(2) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(3) "General academic teaching institution" has the |
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meaning assigned by Section 61.003. |
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(b) This section applies only to a student who: |
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(1) enrolls at a general academic teaching |
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institution as a first-time freshman; |
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(2) after satisfying the requirement of Subdivision |
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(1), remains continuously enrolled at a general academic teaching |
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institution until graduation, except as provided under rules |
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adopted under Subsection (g); and |
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(3) at all times while the student is enrolled at a |
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general academic teaching institution, is a resident of this state |
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for purposes of Subchapter B or is otherwise entitled to pay tuition |
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and fees at the rate provided for residents of this state. |
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(c) Except as provided under rules adopted under Subsection |
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(g), this section applies only to the amount of tuition charged |
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under this chapter to a student as follows: |
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(1) for a student enrolled in a four-year degree |
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program, on or before the fourth anniversary of the date the student |
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first enrolls in a general academic teaching institution; or |
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(2) for a student enrolled in a degree program of any |
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other length, not later than the end of the standard completion |
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period for that program, as established by the general academic |
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teaching institution awarding the degree. |
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(d) Notwithstanding any other provision of this chapter but |
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subject to the applicability provisions of this section, a general |
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academic teaching institution may not charge to a student for any |
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course in which the student enrolls after the student's freshman |
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year tuition at a rate that exceeds the rate in effect for that |
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course during the student's freshman year or, for a course that was |
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not offered during the student's freshman year, at a rate that |
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exceeds the rate in effect for an equivalent course during the |
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student's freshman year, except that the institution may adjust |
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that rate for each academic year after the student's freshman year |
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to reflect any average annual percentage increase, expressed in |
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decimal form rounded to the nearest thousandth, in the consumer |
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price index during the most recent 48-month period preceding that |
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academic year for which the information is available when the |
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tuition rates are set. |
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(e) Notwithstanding any other provision of this chapter but |
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subject to the applicability provisions of this section, if a |
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student transfers from one general academic teaching institution to |
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another, the institution to which the student transfers may not |
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charge to the student for any course in which the student enrolls |
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after the student's freshman year tuition at a rate that exceeds the |
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rate in effect for that course at the receiving institution during |
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the student's freshman year or, for a course that was not offered at |
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the receiving institution during the student's freshman year, at a |
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rate that exceeds the rate in effect for an equivalent course at the |
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receiving institution during the student's freshman year, except |
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that the institution may adjust that rate for each academic year |
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after the student's freshman year to reflect any average annual |
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percentage increase, expressed in decimal form rounded to the |
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nearest thousandth, in the consumer price index during the most |
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recent 48-month period preceding that academic year for which the |
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information is available when the tuition rates are set. |
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(f) In consultation with general academic teaching |
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institutions, the coordinating board shall adopt any rules |
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necessary to administer this section, including: |
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(1) rules relating to the equivalency of courses |
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offered during a student's freshman year and courses in which the |
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student enrolls after the student's freshman year; |
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(2) rules consistent with Subsection (e) that: |
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(A) provide for determining tuition rates for |
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students who transfer among general academic teaching |
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institutions; and |
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(B) prescribe the types of documentation a |
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transfer student must submit to establish eligibility under that |
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subsection; and |
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(3) rules as described by Subsection (g) allowing |
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students to suspend their enrollment or giving students additional |
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time to complete their degree programs. |
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(g) The coordinating board shall adopt rules to allow a |
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student to pay tuition rates as provided by Subsection (d) or (e), |
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as applicable, if the student satisfies the other requirements of |
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this section but, solely as a result of a hardship or other good |
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cause shown, is unable to remain continuously enrolled at a general |
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academic teaching institution as required by Subsection (b)(2) or |
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to complete the student's degree program before the applicable date |
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described by Subsection (c). For purposes of this subsection, a |
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hardship or other good cause shown includes a showing of: |
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(1) a severe illness or other debilitating condition |
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that affects the student's ability to satisfy the requirement of |
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Subsection (b)(2) or (c); or |
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(2) the student's responsibility for the care of a |
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sick, injured, or needy person if the provision of care affects the |
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student's ability to satisfy the requirement of Subsection (b)(2) |
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or (c). |
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(h) This section does not apply to a student who enters a |
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general academic teaching institution for the first time before the |
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2009 fall semester. This subsection expires January 1, 2015. |
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SECTION 2. The Texas Higher Education Coordinating Board |
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shall adopt rules for the administration of Section 54.016, |
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Education Code, as added by this Act, as soon as practicable after |
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this Act takes effect. For that purpose, the coordinating board may |
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adopt the initial rules in the manner provided by law for emergency |
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rules. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |