81R8741 KEL-D
 
  By: Rose H.B. No. 2637
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a limitation on the total amount of tuition and
  mandatory fees that a public institution of higher education may
  charge.
         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.  LIMITATION ON TUITION AND MANDATORY FEES. (a)
  In this section, "tuition" includes:
               (1)  tuition for which the rates are prescribed by this
  chapter; and
               (2)  tuition charged by an institution of higher
  education under Section 54.0513 or another law authorizing an
  institution to establish tuition rates.
         (b)  Notwithstanding Section 54.0513 and any other provision
  of this chapter, the governing board of an institution of higher
  education may not charge during any academic year a total amount of
  tuition and mandatory fees per semester credit hour that, when
  combined with the amount of undedicated general revenue funds
  appropriated to the institution for instruction and operations for
  that year for each semester credit hour for which a student pays
  tuition and mandatory fees in that year, exceeds by more than six
  percent the sum of the total amount of tuition and mandatory fees
  charged under this chapter by the institution per semester credit
  hour during the preceding academic year and the amount of
  undedicated general revenue funds appropriated to the institution
  for instruction and operations for that preceding year for each
  semester credit hour for which a student pays tuition and mandatory
  fees in that year.
         (c)  A semester credit hour taken by a nonresident student is
  not included in the computation under Subsection (b).
         (d)  The Texas Higher Education Coordinating Board may
  permit an institution of higher education to increase tuition or
  mandatory fees in excess of the limited amount prescribed with
  respect to each semester credit hour for the tuition and fees by
  Subsection (b) if, in the academic year for which the increase is
  proposed, the institution adds an educational program that the
  coordinating board determines will support one or more goals of
  "Closing the Gaps," the state's master plan for higher education.
  The coordinating board shall determine the amount of an increase
  that may be permitted under this subsection as the coordinating
  board considers reasonable to fund the educational program.
         (e)  The coordinating board may adopt rules as necessary to
  administer this section.
         SECTION 2.  Section 54.016, Education Code, as added by this
  Act, does not affect tuition and mandatory fees charged under
  Chapter 54, Education Code, for a semester or term before the
  2011-2012 academic year.
         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.