By: Shapleigh S.B. No. 324

A BILL TO BE ENTITLED

AN ACT

relating to the tuition rebate program for certain undergraduate students at general academic teaching institutions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 54.0065, Education Code, is amended by amending Subsection (b) and adding Subsections (b-1), (b-2), (j), and (k) to read as follows:

(b) Except as provided by Subsections (b-1) and (b-2), the [The] amount of tuition to be rebated to a student graduating in an academic year [under this section] is the amount certified for that academic year to the governing board of the general academic teaching institution by the Texas Higher Education Coordinating Board under this section.

(b-1) The amount of tuition to be rebated to a student is two times the certified amount if the student satisfies the requirements of this section in three years or less.

(b-2) If [$1,000, unless] the total amount of undergraduate tuition paid by the student to the general academic teaching institution [of higher education] awarding the degree was less than the full amount of rebate under Subsection (b) or (b-1), as applicable, [$1,000, in which event] the amount of tuition to be rebated is an amount equal to the amount of undergraduate tuition paid by the student to the institution. However, the [a] student [who paid the institution awarding the degree an amount of undergraduate tuition less than $1,000] may qualify for an increase in the amount of the rebate, not to exceed the applicable amount under Subsection (b) or (b-1) [a total rebate of $1,000], for any amount of undergraduate tuition the student paid to other institutions of higher education by providing the institution with proof of the total amount of that tuition paid to other institutions of higher education.

(j) Not later than August 15 of each academic year, the coordinating board shall determine and certify to the governing board of each general academic teaching institution the amount of tuition to be rebated by that institution under Subsection (b) to each student graduating in the next academic year. The amount certified must equal the rebate amount certified in the preceding academic year to the general academic teaching institution under this subsection for rebates awarded under Subsection (b) in the current academic year, increased by a percentage, expressed in decimal form rounded to the nearest hundredth, that equals the percentage by which that institution has increased from the current academic year to the next academic year the total amount of tuition charged under Section 54.0513 or another law authorizing the institution to establish tuition rates.

(k) Notwithstanding Subsection (j), not later than October 31, 2009, the coordinating board shall determine and certify to the governing board of each general academic teaching institution the amount of tuition to be rebated by that institution under Subsection (b) to students graduating in the 2009-2010 academic year. The amount certified must equal the full amount of a rebate authorized to be awarded by general academic teaching institutions under Subsection (b), as that subsection existed on January 1, 2009, during the 2008-2009 academic year, increased by a percentage, expressed in decimal form rounded to the nearest hundredth, that equals the percentage by which the institution for which the certification is made has increased from the 2003-2004 academic year to the 2009-2010 academic year the total amount of tuition charged under Section 54.0513 or another law authorizing the institution to establish tuition rates. For purposes of Subsection (j), the amount certified under this subsection is considered to have been certified under Subsection (j) on August 15, 2009. This subsection expires January 1, 2011.

SECTION 2. (a) The change in law made by this Act applies only to a student who is awarded a baccalaureate degree from a general academic teaching institution on or after September 1, 2009.

(b) The Texas Higher Education Coordinating Board may adopt rules under Section 54.0065, Education Code, as amended by this Act, for rebates awarded during the 2009-2010 academic year in the manner provided by law for the adoption of emergency rules.

SECTION 3. This Act does not make an appropriation. This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 81st Legislature.

SECTION 4. Except as provided by Section 3 of this Act, 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, except as provided by Section 3 of this Act.