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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the tuition rates that certain public |
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institutions of higher education may charge to resident students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.0513, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (b-1) and |
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(b-2) to read as follows: |
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(a) In addition to amounts that a governing board of an |
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institution of higher education is authorized to charge as tuition |
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under the other provisions of this chapter, the governing board, |
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under the terms the governing board considers appropriate and |
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subject to Subsection (b), may charge any student an amount |
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designated as tuition that the governing board considers necessary |
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for the effective operation of the institution. |
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(b) A governing board may set a different tuition rate for |
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each program and course level offered by each institution of higher |
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education, except that for a program or course level for an academic |
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year a governing board may not set a resident tuition rate under |
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this section that, when combined with any other amount of tuition |
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the governing board charges under the other provisions of this |
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chapter, exceeds the rate determined by the Texas Higher Education |
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Coordinating Board to be the national average tuition rate for that |
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type of program or course level that public senior colleges and |
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universities of states other than this state charge to similarly |
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situated students who pay resident tuition. In determining a |
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national average tuition rate for a program or course level under |
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this subsection, the coordinating board shall use the resident |
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tuition rates in effect at appropriate institutions of other states |
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for the academic year in progress when the board makes the |
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determination and may use resident tuition rates from not fewer |
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than five states to the extent that the board determines that those |
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rates would fairly represent the national average tuition rate for |
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the program or course level. The coordinating board shall |
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determine the national average tuition rates to be used by |
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governing boards to set resident tuition rates for an academic year |
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and shall report those national rates to each appropriate |
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institution in this state not later than January 1 of the calendar |
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year in which that academic year begins, or as soon after that |
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January 1 as practicable. The coordinating board may adopt rules as |
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necessary to administer this subsection. |
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(b-1) For purposes of Subsection (b), students are |
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similarly situated if they share the same residency status, degree |
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program, course load, course level, tuition exemption status, and |
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other circumstances affecting the tuition charged to the student. |
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(b-2) Except as provided by Subsection (b), a [A] governing |
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board may set a different tuition rate under this section as the |
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governing board considers appropriate to increase graduation |
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rates, encourage efficient use of facilities, or enhance employee |
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performance. |
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SECTION 2. The changes in law made by this Act apply |
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beginning with tuition charged by a public institution of higher |
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education for the 2010-2011 academic year. Tuition charged by a |
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public institution of higher education for an academic year before |
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that academic year is covered by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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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. |