81R7153 KSD-D
 
  By: Hilderbran H.B. No. 3837
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a limitation on the amount of tuition charged by public
  institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 54, Education Code, is
  amended by adding Section 54.0514 to read as follows:
         Sec. 54.0514.  LIMITATION ON TOTAL AMOUNT OF TUITION. (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)  The total amount of tuition charged by an institution of
  higher education to a student for an academic year may not exceed
  the total amount of tuition that the institution would have charged
  under this chapter to a similarly situated student for the
  2008-2009 academic year. 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. This subsection does not ensure that the total amount
  of tuition charged to an individual student does not increase based
  on a change in the student's residency status, degree program,
  course load, course level, tuition exemption status, or other
  circumstance affecting the tuition charged to the student.
         SECTION 2.  Sections 54.0513(a) and (b), Education Code, are
  amended to read as follows:
         (a)  In addition to amounts that a governing board of an
  institution of higher education is authorized to charge as tuition
  under the other provisions of this chapter, the governing board[,
  under the terms the governing board considers appropriate,] may
  charge any student an amount designated as tuition not to exceed the
  amount that enables the institution to comply with Section 54.0514
  that the governing board considers necessary for the effective
  operation of the institution.
         (b)  Subject to the limit provided by Subsection (a) on the
  amount designated as tuition charged under this section, a [A]
  governing board may set a different tuition rate under this section
  for each program and course level offered by each institution of
  higher education[. A governing board may set a different tuition
  rate] as the governing board considers appropriate to increase
  graduation rates, encourage efficient use of facilities, [or]
  enhance employee performance, or further another legitimate
  purpose of the institution.
         SECTION 3.  Sections 54.0515(e) and (f), Education Code, are
  amended to read as follows:
         (e)  It is the legislature's intent that each institution of
  higher education[, as a condition to tuition deregulation under
  Section 54.0513,] reasonably implement the following:
               (1)  each institution shall make satisfactory progress
  towards the goals provided in its master plan for higher education
  and in "Closing the Gaps," the state's master plan for higher
  education; and
               (2)  each institution shall meet acceptable
  performance criteria, including measures such as graduation rates,
  retention rates, enrollment growth, educational quality, efforts
  to enhance minority participation, opportunities for financial
  aid, and affordability.
         (f)  The committee shall:
               (1)  meet at the call of either chair;
               (2)  monitor and regularly report to the legislature on
  each institution of higher education's compliance with the
  requirements of Subsection (e); and
               (3)  receive and review information concerning the
  affordability and accessibility of higher education[, including
  the impact of tuition deregulation].
         SECTION 4.  (a)  This Act applies beginning with tuition
  charged by public institutions of higher education for the 2009
  fall semester. Tuition charged by an institution of higher
  education in an academic period before that semester is covered by
  the law in effect before the effective date of this Act, and the
  former law is continued in effect for that purpose.
         (b)  If before the effective date of this Act a student has
  paid an amount of tuition for the 2009 fall semester in excess of
  the maximum amount permitted by Section 54.0514, Education Code, as
  added by this Act, the institution the student attends shall refund
  to the student the excess amount of tuition paid.
         SECTION 5.  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.