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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 fees and designated tuition |
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charged by public 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 E, Chapter 54, Education Code, is |
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amended by adding Section 54.5001 to read as follows: |
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Sec. 54.5001. STUDENT APPROVAL REQUIRED FOR FEE INCREASE. |
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Unless the law authorizing the imposition of a fee expressly |
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provides that this section does not apply to the fee or that the fee |
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may be increased without student approval at a student election, |
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the governing board of an institution of higher education may not |
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increase the amount of a fee charged under this subchapter unless |
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the amount of the increase is approved by a majority vote of the |
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students of the institution voting in a general student election |
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called for that purpose. |
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SECTION 2. Section 54.0513, Education Code, is amended by |
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adding Subsections (g), (h), (i), (j), and (k) to read as follows: |
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(g) The amount of tuition the governing board of an |
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institution of higher education charges under this section to a |
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student for an academic year may not exceed the total amount of |
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tuition that the governing board would have charged under this |
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section to a similarly situated student in the preceding academic |
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year, as that amount is adjusted for each academic year for |
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inflation as determined under Subsection (h). The governing board |
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may not increase the amount of tuition charged under this section to |
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a student more than once in any academic year. For purposes of this |
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subsection, students are similarly situated if they share the same |
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residency status, degree program, course load, course level, |
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tuition exemption status, and other circumstances affecting the |
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tuition charged to the student. |
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(h) Not later than March 1 of each year, the Texas Higher |
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Education Coordinating Board by rule shall determine the inflation |
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rate to be used for purposes of Subsection (g) for the next academic |
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year and shall certify that rate to the governing board of each |
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institution of higher education. For purposes of Subsection (g), |
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the inflation rate is the percentage increase, if any, as expressed |
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in decimal form rounded to the nearest thousandth, in the consumer |
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price index, as defined by Section 341.201, Finance Code, for the |
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preceding calendar year as compared to the consumer price index for |
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the year preceding that year. |
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(i) The coordinating board may adopt rules as necessary to |
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administer this section. |
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(j) Notwithstanding Subsection (g), for the 2009-2010 |
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academic year and the 2010-2011 academic year, the amount of |
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tuition charged to a student under this section may not exceed the |
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total amount of tuition that the institution would have charged |
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under this section to a similarly situated student in the 2008-2009 |
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academic year. For purposes of this subsection, 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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This subsection expires September 1, 2011. |
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(k) If a student has paid an amount of tuition charged under |
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this section for the 2009 fall semester in excess of the maximum |
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amount permitted by this section, the institution, not later than |
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January 1, 2010, shall refund to the student the excess amount of |
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tuition paid. This subsection expires September 1, 2010. |
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SECTION 3. (a) Section 54.5001, Education Code, as added by |
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this Act, applies beginning with fee increases for the 2009 fall |
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semester. |
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(b) Section 54.0513, Education Code, as amended by this Act, |
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applies beginning with tuition charged by public institutions of |
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higher education for the 2009-2010 academic year. Tuition charged |
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by an institution of higher education in an academic year before |
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that academic year is covered by the law in effect before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(c) The Texas Higher Education Coordinating Board may adopt |
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temporary rules under Section 54.0513(i), Education Code, as added |
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by this Act, for the 2009-2010 academic year in the manner provided |
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by law for the adoption of emergency rules. |
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SECTION 4. 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. |