81R3067 SJM-D

By: Veasey H.B. No. 380

A BILL TO BE ENTITLED

AN ACT

relating to tuition and fees charged to employees of public institutions of higher education and a spouse, child, or dependent of those employees.

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

SECTION 1. Section 54.059, Education Code, is amended to read as follows:

Sec. 54.059. FACULTY AND DEPENDENTS. (a) In this section:

(1) "Child" means a child of any age.

(2) "Faculty member" has the meaning assigned by Section 51.917.

(b) A faculty member or other employee [teacher or professor] of an institution of higher education[,] and the spouse, child, or dependent [and children] of the employee who enrolls in any institution of higher education is [such a teacher or professor, are] entitled to pay [register in an institution of higher education by paying the] tuition [fee] and [other] fees at the rate established by the governing board of the institution at which the person is enrolled. That rate may not exceed one-half of the rate charged by the institution to a similarly situated resident student who is not entitled to pay tuition at a reduced rate under this section [or charges required for Texas residents without regard to the length of time the teacher or professor has resided in Texas]. 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.

(c) A faculty member or other employee [teacher or professor] of an institution of higher education and a spouse, child, or dependent of the employee is [the teacher's or professor's family are] entitled to the benefits provided by [benefit of] this section only if:

(1) the employee [teacher or professor] is employed at least one-half time on a regular monthly salary basis by an institution of higher education; and

(2) neither the employee nor the employee's spouse holds an elective public office in this state.

(d) An institution of higher education may not consider a person's eligibility for the benefits provided by this section in determining whether to admit the person to the institution.

SECTION 2. The change in law made by this Act applies beginning with tuition and fees charged for the 2009 fall semester.

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, 2009.