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A BILL TO BE ENTITLED
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AN ACT
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relating to the manner of payment of tuition and mandatory fees at |
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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. Section 54.007, Education Code, is amended by |
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amending Subsections (a), (b), (b-1), (c), (d), (e), (f), and (g) |
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and adding Subsections (a-1) and (b-2) to read as follows: |
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(a) The governing board of each institution of higher |
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education shall provide for the payment of tuition and mandatory |
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fees for a semester or term of 10 weeks or longer [the fall and
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spring semesters] through one of the following alternatives: |
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(1) [except as provided by Subsection (b-1),] full |
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payment of tuition and mandatory fees not later than the date |
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established by the institution for purposes of this subdivision [in
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advance of the beginning of the semester]; or |
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(2) payment in installments under one or more payment |
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plan options that require the first payment to be made not later |
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than the date established by the institution for purposes of this |
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subdivision [in advance of the beginning of the semester and the
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final payment to be made before the last day of the semester]. |
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(a-1) In providing for the payment of tuition and mandatory |
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fees by installment under Subsection (a)(2), an institution of |
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higher education must also establish subsequent dates at periodic |
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intervals within the applicable semester or term by which |
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subsequent installment payments are due. |
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(b) For a term of less than 10 weeks, the [The] governing |
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board of each institution of higher education: |
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(1) shall provide for the payment of tuition and |
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mandatory fees by requiring [for a summer term through one of the
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following alternatives:
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[(1) except as provided by Subsection (b-1),] full |
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payment of tuition and mandatory fees not later than the date |
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established by the institution for purposes of this subdivision [in
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advance of the beginning of the summer term]; and |
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(2) may provide for the payment of tuition and |
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mandatory fees by requiring payment in installments under one or |
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more payment plan options that require the first payment to be made |
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not later than the date established by the institution for purposes |
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of this subdivision [in advance of the beginning of the summer term
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and the final payment to be made before the last day of the term; or
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[(3)
for a student enrolled for a summer term in a
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public junior college, public technical institute, or public state
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college, one-half payment of tuition and fees in advance of the
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beginning of the summer term and the remaining amount in one or two
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later payments to be made in the percentages and by the dates
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determined by the governing board of the college or institute,
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provided that the final payment must be made before the beginning of
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the last week of the summer term]. |
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(b-1) A date established by an institution of higher |
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education for purposes of Subsection (a)(1), (a)(2), (b)(1), or |
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(b)(2) may not be later than the date established by the Texas |
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Higher Education Coordinating Board for certifying student |
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enrollment for the semester or term for purposes of formula funding |
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[A student who owes a balance of tuition and fees as a result of a
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change in the student's class schedule or who owes a balance of
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tuition and fees of less than $100 after making an insufficient
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payment of tuition and fees previously due shall pay the balance
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owed not later than the next payment date established by the
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governing board under a payment plan adopted under Subsection
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(a)(2) or (b)(2), as applicable]. |
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(b-2) An institution of higher education may collect on a |
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due date subsequent to a due date established under Subsection (a) |
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or (b): |
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(1) unpaid tuition and mandatory fee balances |
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resulting from an adjustment to a student's enrollment status or an |
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administrative action; or |
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(2) unpaid residual balances of tuition and mandatory |
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fees constituting less than five percent of the total amount of |
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tuition and mandatory fees charged to the student by the |
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institution for that semester or term. |
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(c) The governing board of an institution of higher |
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education may assess and collect incidental fees for students |
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utilizing the payment alternative authorized by Subsection (a)(2) |
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or (b)(2) [and the alternatives authorized by Subsection (b)] and |
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for students delinquent in payments. The fees must reasonably |
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reflect the cost to the institution of handling those payments. |
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(d) A student who fails to make a full payment of the |
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required amount of tuition and mandatory fees, including any |
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incidental fees, by the applicable due date under this section may |
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be prohibited from registering for classes until full payment is |
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made. A student who fails to make full payment prior to the end of |
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the semester or [summer] term may be denied credit for the work done |
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that semester or term. The governing board of an institution of |
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higher education may not impose on a student any sanction |
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authorized by this subsection unless the governing board includes |
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in any written or electronic agreement authorized by the student |
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the following statement printed in bold-faced type or in capital |
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letters: "A STUDENT WHO FAILS TO MAKE FULL PAYMENT OF TUITION AND |
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MANDATORY FEES, INCLUDING ANY INCIDENTAL FEES, BY THE DUE DATE MAY |
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BE PROHIBITED FROM REGISTERING FOR CLASSES UNTIL FULL PAYMENT IS |
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MADE. A STUDENT WHO FAILS TO MAKE FULL PAYMENT PRIOR TO THE END OF |
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THE SEMESTER OR TERM MAY BE DENIED CREDIT FOR THE WORK DONE THAT |
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SEMESTER OR TERM." The governing board shall notify a student of any |
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delinquent tuition or fee payment as soon as practicable. The |
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institution's records may be adjusted to reflect the student's |
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failure to have properly enrolled for that semester or term. |
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(e) In addition to other payment alternatives provided by |
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this section, the governing board of a medical and dental unit or of |
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a general academic teaching institution with a department or |
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college of veterinary medicine may provide for the payment of |
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tuition and mandatory fees at the unit or at the department or |
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college of veterinary medicine during any academic year through a |
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one-fourth payment of tuition and mandatory fees in advance of the |
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beginning of the year and subsequent one-fourth payments of tuition |
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and mandatory fees to be made at periods designated by the governing |
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board. Subsection (b) [of this section] applies to tuition and |
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mandatory fee payments under this subsection. In this subsection, |
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"general academic teaching institution" and "medical and dental |
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unit" have the meanings assigned by Section 61.003 [of this code]. |
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(f) A student may elect to pay the tuition and mandatory |
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fees of an institution of higher education by installment under |
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this section regardless of whether the student intends to apply a |
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financial aid award administered by the institution toward the |
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tuition and mandatory fees, except that a student whose financial |
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aid award or awards are available to cover the total amount of |
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tuition and mandatory fees may not pay by installment under this |
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section. On receipt of notice of a student's election to pay |
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tuition and mandatory fees by installment, the governing board of |
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the institution shall apply any financial aid award administered |
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for the student toward the amount of tuition and mandatory fees due |
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for that semester or term [summer session] until the tuition and |
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mandatory fees are paid in full and shall immediately release any |
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remaining amount of the award to the student, except that the |
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institution is not required to apply the award or awards toward the |
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total amount of tuition and mandatory fees in exigent circumstances |
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as determined by the institution. |
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(g) The governing board of an institution of higher |
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education shall require a student who elects to pay tuition and |
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mandatory fees by installment under this section to enter into a |
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written or electronic agreement reflecting the terms and conditions |
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required by this section for the installment plan provided for the |
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student by the governing board. |
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SECTION 2. Sections 54.0071(a), (b), (c), and (e), |
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Education Code, are amended to read as follows: |
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(a) The governing board of an institution of higher |
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education may postpone the due date for the payment of all or part |
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of the tuition and mandatory fees for a student for a semester or |
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term [summer session] in which the student will receive one or more |
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delayed financial aid awards if: |
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(1) the student has not received the awards by the |
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regular due date for payment of the tuition and mandatory fees; and |
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(2) the student agrees to assign to the institution a |
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portion of the awards equal to the amount of tuition and mandatory |
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fees for which the due date is postponed. |
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(b) A postponed due date under Subsection (a) applies only |
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to the portion of tuition and mandatory fees to be covered by the |
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student's delayed financial aid awards. When the financial aid |
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awards become available, a governing board that postpones a due |
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date under this section shall apply the awards toward the amount of |
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tuition and mandatory fees due and immediately release any |
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remaining amount of the awards to the student. |
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(c) If after the due date for a student's tuition and |
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mandatory fees is postponed under this section the student becomes |
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ineligible to receive one or more of the delayed financial aid |
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awards, or the amount awarded is less than the amount of tuition and |
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mandatory fees due, the governing board shall provide the student a |
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reasonable period, not to exceed 30 days, to pay the unpaid amount |
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of tuition and mandatory fees. The board may deny a student credit |
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for work done in the semester or term [summer session] if the |
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student fails to pay the tuition and mandatory fees by the end of |
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that period. |
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(e) If a student with delayed financial aid awards has |
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elected to pay tuition and mandatory fees by installment as |
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permitted by Section 54.007 and if the governing board elects to |
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postpone the due date for the student's tuition and mandatory fees |
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as authorized by this section, the governing board in the manner |
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provided by this section shall postpone the due date for each |
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installment payment that becomes due before the student receives |
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the awards. |
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SECTION 3. The changes in law made by this Act apply |
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beginning with the payment of tuition and fees at a public |
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institution of higher education for the 2011 fall semester. |
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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, 2011. |
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