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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 the total amount of 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 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. LIMITATIONS ON INCREASE IN TOTAL AMOUNT OF |
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TUITION. (a) 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) An institution of higher education may not: |
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(1) charge a student a total amount of tuition that |
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exceeds by more than five percent the total amount of tuition that |
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the institution would have charged to a similarly situated student |
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in the preceding academic year; or |
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(2) charge an undergraduate student tuition for a |
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semester or other academic term at a rate that exceeds the rate the |
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institution charged the student during the first semester or other |
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academic term in which the student was enrolled at the institution |
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if the student is currently, and at all times while enrolled at the |
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institution has been, a resident of this state for purposes of this |
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subchapter or was otherwise entitled to pay tuition at the rate |
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provided for residents of this state. |
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(c) Subsection (b)(2) does not apply to a student after: |
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(1) the second anniversary of the date the student |
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initially enrolled in the institution if the student is enrolled in |
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a two-year degree program; |
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(2) the fourth anniversary of the date the student |
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initially enrolled in the institution if the student is enrolled in |
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a four-year degree program; or |
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(3) the fifth anniversary of the date the student |
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initially enrolled in the institution if the student is enrolled in |
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a degree program of more than four years. |
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(d) For purposes of this section, 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 the student. |
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(e) This section does not ensure that the total amount of |
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tuition charged to an individual student does not increase by more |
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than the amount prescribed by Subsection (b) based on a change in |
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the student's residency status, degree program, course load, course |
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level, tuition exemption status, or other circumstance affecting |
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the tuition charged to the student. |
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(f) The Texas Higher Education Coordinating Board may adopt |
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rules as necessary to administer this section. |
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SECTION 2. This Act applies beginning with tuition charged |
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by public institutions of higher education for the 2010-2011 |
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academic year. |
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SECTION 3. 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. |