82R5633 KEL-D
 
  By: Branch H.B. No. 3631
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the imposition of certain conditions and limitations on
  the receipt of tuition and fee exemptions at public institutions of
  higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 54, Education Code, is
  amended by adding Sections 54.2001 and 54.2005 to read as follows:
         Sec. 54.2001.  CONTINUED RECEIPT OF CERTAIN EXEMPTIONS
  CONDITIONAL. (a) Notwithstanding any other law but subject to
  Subsection (c), after initially qualifying under this subchapter
  for a mandatory exemption from the payment of tuition or other fees
  for enrollment at an institution of higher education, a person may
  continue to receive the exemption only if the person makes
  satisfactory academic progress toward a degree or a certificate as
  determined by the institution in accordance with the institution's
  policy regarding eligibility for financial aid.
         (b)  If a person fails to make satisfactory academic progress
  as described by Subsection (a), the person may not receive the
  applicable exemption in a subsequent semester or term until the
  person reestablishes eligibility for the exemption as described by
  that subsection.
         (c)  If a requirement imposed by this section for the
  continued receipt of a specific mandatory exemption conflicts with
  another requirement imposed by statute for that exemption, the
  stricter requirement prevails.
         (d)  This section does not apply to an exemption provided to
  a high school student for enrollment in a dual credit course or
  other course for which the student may earn joint high school and
  college credit.
         Sec. 54.2005.  EXEMPTIONS NOT APPLICABLE TO PORTIONS OF
  TUITION CHARGED FOR EXCESS HOURS. (a)  If a resident doctoral
  student or resident undergraduate student is eligible for a
  mandatory or discretionary exemption from the payment of tuition or
  other fees under this subchapter and is otherwise required by the
  institution of higher education the student attends to pay tuition
  for the same semester or term at a rate in excess of the resident
  tuition rate as provided by Section 54.012 or 54.014, as
  applicable, the exemption does not apply to the amount of tuition
  charged to the student in excess of resident tuition.
         (b)  If a limitation imposed by this section on the
  application or use of a specific exemption conflicts with another
  limitation imposed by statute for that exemption, the stricter
  limitation prevails.
         SECTION 2.  The change in law made by this Act applies to the
  payment of tuition or other fees beginning with tuition and fees
  charged for the 2012 spring semester.
         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, 2011.