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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the amount of tuition charged by public |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 54, Education Code, is |
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amended by adding Section 54.0514 to read as follows: |
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Sec. 54.0514. LIMITATION ON TOTAL AMOUNT OF TUITION. (a) |
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In this section, "tuition" includes: |
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(1) tuition for which the rates are prescribed by this |
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chapter; and |
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(2) tuition charged by an institution of higher |
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education under Section 54.0513 or another law authorizing an |
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institution to establish tuition rates. |
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(b) The total amount of tuition charged by an institution of |
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higher education to a student for an academic year may not exceed |
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the total amount of tuition that the institution would have charged |
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under this chapter to a similarly situated student for the |
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2008-2009 academic year. For purposes of this subsection, students |
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are similarly situated if they share the same residency status, |
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degree program, course load, course level, tuition exemption |
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status, and other circumstances affecting the tuition charged to |
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the student. This subsection does not ensure that the total amount |
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of tuition charged to an individual student does not increase based |
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on a change in the student's residency status, degree program, |
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course load, course level, tuition exemption status, or other |
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circumstance affecting the tuition charged to the student. |
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SECTION 2. Sections 54.0513(a) and (b), Education Code, are |
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amended 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,] may |
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charge any student an amount designated as tuition not to exceed the |
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amount that enables the institution to comply with Section 54.0514 |
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that the governing board considers necessary for the effective |
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operation of the institution. |
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(b) Subject to the limit provided by Subsection (a) on the |
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amount designated as tuition charged under this section, a [A] |
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governing board may set a different tuition rate under this section |
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for each program and course level offered by each institution of |
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higher education[. A governing board may set a different tuition
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rate] as the governing board considers appropriate to increase |
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graduation rates, encourage efficient use of facilities, [or] |
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enhance employee performance, or further another legitimate |
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purpose of the institution. |
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SECTION 3. Sections 54.0515(e) and (f), Education Code, are |
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amended to read as follows: |
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(e) It is the legislature's intent that each institution of |
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higher education[, as a condition to tuition deregulation under
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Section 54.0513,] reasonably implement the following: |
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(1) each institution shall make satisfactory progress |
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towards the goals provided in its master plan for higher education |
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and in "Closing the Gaps," the state's master plan for higher |
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education; and |
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(2) each institution shall meet acceptable |
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performance criteria, including measures such as graduation rates, |
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retention rates, enrollment growth, educational quality, efforts |
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to enhance minority participation, opportunities for financial |
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aid, and affordability. |
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(f) The committee shall: |
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(1) meet at the call of either chair; |
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(2) monitor and regularly report to the legislature on |
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each institution of higher education's compliance with the |
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requirements of Subsection (e); and |
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(3) receive and review information concerning the |
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affordability and accessibility of higher education[, including
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the impact of tuition deregulation]. |
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SECTION 4. (a) This Act applies beginning with tuition |
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charged by public institutions of higher education for the 2009 |
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fall semester. Tuition charged by an institution of higher |
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education in an academic period before that semester is covered by |
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the law in effect before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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(b) If before the effective date of this Act a student has |
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paid an amount of tuition for the 2009 fall semester in excess of |
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the maximum amount permitted by Section 54.0514, Education Code, as |
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added by this Act, the institution the student attends shall refund |
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to the student the excess amount of tuition paid. |
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SECTION 5. 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. |