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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on increases in designated tuition charged |
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by general academic teaching institutions and a biennial report to |
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the legislature regarding the operational costs of those |
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institutions. |
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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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adding Subsections (g), (g-1), (g-2), (h), (i), (j), and (k) to read |
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as follows: |
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(g) Except as provided by Subsection (j), the amount of |
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tuition the governing board of a general academic teaching |
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institution charges under this section to a student for an academic |
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year may not exceed the total amount of tuition that the governing |
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board would have charged under this section to a similarly situated |
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student in the preceding academic year by more than the greater of: |
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(1) 3.95 percent; or |
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(2) $280. |
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(g-1) Notwithstanding Subsection (g), for the 2010-2011 |
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academic year, the amount of tuition the governing board of a |
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general academic teaching institution charges under this section to |
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a student may not exceed the total amount of tuition that the |
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governing board would have charged under this section to a |
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similarly situated student in the 2008-2009 academic year by more |
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than the greater of: |
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(1) 3.95 percent; or |
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(2) $280. |
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(g-2) Subsection (j) applies to Subsection (g-1) in the same |
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manner as Subsection (j) applies to Subsection (g). This |
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subsection and Subsection (g-1) expire September 1, 2011. |
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(h) For purposes of Subsection (g), students are similarly |
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situated if they share the same residency status, degree program, |
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course load, course level, tuition exemption status, and other |
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circumstances affecting the tuition charged to a student. |
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(i) Subsection (g) does not ensure that the designated |
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tuition charged to an individual student will not increase by more |
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than the limitation prescribed by that subsection based on a change |
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in the student's residency status, degree program, course load, |
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course level, tuition exemption status, or other circumstance |
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affecting the amount of tuition charged to the student. |
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(j) The Texas Higher Education Coordinating Board shall |
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adopt rules authorizing a general academic teaching institution to |
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increase the amount of designated tuition charged to students by |
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more than the limitation prescribed by Subsection (g) in the event |
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of an emergency, as defined by the coordinating board for purposes |
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of this subsection. |
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(k) In this section, "general academic teaching |
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institution" has the meaning assigned by Section 61.003. |
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SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.973 to read as follows: |
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Sec. 51.973. BIENNIAL REPORT BY LEGISLATIVE BUDGET BOARD |
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REGARDING UNIVERSITY CORE OPERATIONAL COSTS. Not later than |
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December 1 of each even-numbered year, the Legislative Budget Board |
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shall submit to the senate finance committee, the house |
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appropriations committee, and the standing committee of each house |
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with primary jurisdiction over higher education, for consideration |
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by the members of those committees in determining the amount of |
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general revenue appropriations to general academic teaching |
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institutions and tuition rates at those institutions, a report that |
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includes: |
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(1) each general academic teaching institution's |
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actual core operational costs for the current state fiscal biennium |
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according to the institution's most recent annual financial |
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reports; and |
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(2) the Legislative Budget Board's estimate of the |
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core operational costs for the next state fiscal biennium for each |
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general academic teaching institution, based on a methodology that: |
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(A) projects for each year of the next biennium: |
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(i) changes in student enrollment for each |
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institution; and |
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(ii) a rate of inflation; and |
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(B) uses data from each institution's annual |
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financial report regarding costs for instruction, academic |
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support, institutional support, operations and maintenance of |
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physical plants, and student services. |
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SECTION 3. Section 54.0513, Education Code, as amended by |
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this Act, applies beginning with tuition charged by a general |
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academic teaching institution for the 2010-2011 academic year. |
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Tuition charged by a general academic teaching institution in an |
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academic year before that academic year is covered by the law in |
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effect 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 4. The Texas Higher Education Coordinating Board |
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shall adopt the rules required by Section 54.0513(j), Education |
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Code, as added by this Act, as soon as practicable after this Act |
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takes effect. |
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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. |