81R470 CAS-D

By: Thibaut H.B. No. 364

A BILL TO BE ENTITLED

AN ACT

relating to a fixed tuition rate provided by general academic teaching institutions and public lower-division institutions of higher education to certain undergraduate students.

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. FIXED TUITION RATE FOR UNDERGRADUATE STUDENTS. (a) In this section:

(1) "Coordinating board" means the Texas Higher Education Coordinating Board.

(2) "General academic teaching institution," "public junior college," "public state college," and "public technical institute" have the meanings assigned by Section 61.003.

(3) "Lower-division institution of higher education" means a public junior college, public state college, or public technical institute.

(b) Except as otherwise provided by this section, in a semester or other academic term, the governing board of a general academic teaching institution or lower-division institution of higher education may not charge tuition to an undergraduate student under Section 54.0513, or under any other law granting the institution discretion to set the tuition rate, at a rate that exceeds the rate the institution charged to the student during the first semester or other academic term that the student enrolled at the institution if the student is currently and at all times while enrolled at the institution has been a resident of this state for purposes of Subchapter B or was otherwise entitled to pay tuition at the rate provided for residents of this state.

(c) For a student enrolled at a general academic teaching institution other than a public state college, Subsection (b) does not apply to the student after:

(1) the fourth anniversary of the date the student first enrolls at any public institution of higher education, regardless of whether the student transfers among any public or private institutions of higher education after the initial enrollment, if the student is enrolled in a degree program of four years or less; or

(2) the fifth anniversary of the date the student first enrolls at any public institution of higher education, regardless of whether the student transfers among any public or private institutions of higher education after the initial enrollment, if the student is enrolled in a degree program of more than four years.

(d) For a student enrolled at a lower-division institution of higher education, Subsection (b) does not apply to the student after the second anniversary of the date the student first enrolls at any lower-division institution of higher education, regardless of whether the student transfers among any public or private institutions of higher education after the initial enrollment.

(e) Each general academic teaching institution or lower-division institution of higher education shall notify each entering undergraduate student, including each undergraduate student who transfers to the institution, of the eligibility requirements for a fixed tuition rate under this section.

(f) In consultation with the general academic teaching institutions and lower-division institutions of higher education, the coordinating board shall adopt any rules the coordinating board considers appropriate for the administration of this section.

(g) This section does not apply to a student who enters a general academic teaching institution or lower-division institution of higher education for the first time before the 2010 fall semester. This subsection expires January 1, 2016.

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, 2009.