81R1545 JRJ-D

By: Shapiro S.B. No. 326

A BILL TO BE ENTITLED

AN ACT

relating to stabilizing the amount of tuition charged to certain residents of this state by general academic teaching institutions.

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

SECTION 1. Subchapter A, Chapter 54, Education Code, is amended by adding Section 54.016 to read as follows:

Sec. 54.016. TUITION STABILIZATION. (a) In this section:

(1) "Coordinating board" means the Texas Higher Education Coordinating Board.

(2) "General academic teaching institution" has the meaning assigned by Section 61.003.

(b) This section applies only to a student who:

(1) enrolls at a general academic teaching institution as a first-time freshman;

(2) after satisfying the requirement of Subdivision (1), remains continuously enrolled at a general academic teaching institution until graduation, except as provided under rules adopted under Subsection (g); and

(3) at all times while the student is enrolled at a general academic teaching institution, is a resident of this state for purposes of Subchapter B or is otherwise entitled to pay tuition and fees at the rate provided for residents of this state.

(c) Except as provided under rules adopted under Subsection (g), this section applies only to the amount of tuition charged under this chapter to a student as follows:

(1) for a student enrolled in a four-year degree program, on or before the fourth anniversary of the date the student first enrolls in a general academic teaching institution; or

(2) for a student enrolled in a degree program of any other length, not later than the end of the standard completion period for that program, as established by the general academic teaching institution awarding the degree.

(d) Notwithstanding any other provision of this chapter but subject to the applicability provisions of this section, a general academic teaching institution may not charge to a student for any course in which the student enrolls after the student's freshman year tuition at a rate that exceeds the rate in effect for that course during the student's freshman year or, for a course that was not offered during the student's freshman year, a rate that exceeds the rate in effect for an equivalent course during the student's freshman year.

(e) Notwithstanding any other provision of this chapter but subject to the applicability provisions of this section, if a student transfers from one general academic teaching institution to another, the institution to which the student transfers may not charge to the student for any course in which the student enrolls after the student's freshman year tuition at a rate that exceeds the rate in effect for that course at the receiving institution during the student's freshman year or, for a course that was not offered at the receiving institution during the student's freshman year, a rate that exceeds the rate in effect for an equivalent course at the receiving institution during the student's freshman year.

(f) In consultation with general academic teaching institutions, the coordinating board shall adopt any rules necessary to administer this section, including:

(1) rules relating to the equivalency of courses offered during a student's freshman year and courses in which the student enrolls after the student's freshman year;

(2) rules consistent with Subsection (e) that:

(A) provide for determining tuition rates for students who transfer among general academic teaching institutions; and

(B) prescribe the types of documentation a transfer student must submit to establish eligibility under that subsection; and

(3) rules as described by Subsection (g) to allow students to suspend their enrollment or giving students additional time to complete their degree programs.

(g) The coordinating board shall adopt rules to allow a student to pay the tuition rates as provided by Subsection (d) or (e), as applicable, if the student satisfies the other requirements of this section but, solely as a result of a hardship or other good cause shown, is unable to remain continuously enrolled at a general academic teaching institution as required by Subsection (b)(2) or to complete the student's degree program before the applicable date described by Subsection (c). For purposes of this subsection, a hardship or other good cause shown includes a showing of:

(1) a severe illness or other debilitating condition that affects the student's ability to satisfy the requirement of Subsection (b)(2) or (c); or

(2) the student's responsibility for the care of a sick, injured, or needy person if the provision of care affects the student's ability to satisfy the requirement of Subsection (b)(2) or (c).

(h) This section does not apply to a student who enters a general academic teaching institution for the first time before the 2009 fall semester. This subsection expires January 1, 2015.

SECTION 2. The Texas Higher Education Coordinating Board shall adopt rules for the administration of Section 54.016, Education Code, as added by this Act, as soon as practicable after this Act takes effect. For that purpose, the coordinating board may adopt the initial rules in the manner provided by law for emergency rules.

SECTION 3. 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.