82R1056 KSD-D

By: Shapiro S.B. No. 164

A BILL TO BE ENTITLED

AN ACT

relating to a fixed academic cost option for resident undergraduate students at 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 54.017 to read as follows:

Sec. 54.017. STABILIZATION OF TOTAL ACADEMIC COSTS; STUDENT OPTION. (a) In this section:

(1) "Academic fees":

(A) includes mandatory academic fees and any other academic-related general fees and course fees, including fees for laboratories, field trips, access to Internet or multimedia service, equipment replacement, and instructional technology; and

(B) does not include optional fees charged to a student for voluntary services or a fee approved by students of the institution in a referendum held at the institution for that purpose.

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

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

(4) "Tuition" includes:

(A) tuition for which the rates are prescribed by this chapter; and

(B) tuition charged by a general academic teaching institution under Section 54.0513 or another law authorizing a general academic teaching institution to establish tuition rates.

(b) The governing board of a general academic teaching institution shall offer an eligible student the option to pay tuition and academic fees as provided by this section.

(c) This section applies only to an undergraduate student who:

(1) enrolls at a general academic teaching institution;

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

(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; and

(4) elects to pay tuition and academic fees under this section.

(d) Except as provided by Subsection (h) or by rules adopted under Subsection (j), this section applies only to the amount of tuition and academic fees 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;

(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; or

(3) notwithstanding Subdivisions (1) and (2), if the student is a transfer student, not later than the end of the period established by the general academic teaching institution for the completion of the student's degree program based on the academic credit the student receives from the transfer of courses.

(e) 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.

(f) Notwithstanding any other provision of this chapter but subject to the applicability provisions of this section, if a student transfers to a general academic teaching institution from another institution of higher education and the student has remained continuously enrolled in an institution of higher education beginning with the student's freshman year, the general academic teaching 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.

(g) Notwithstanding any other provision of this chapter, in any semester or other academic term in which the amount of tuition that a general academic teaching institution may charge to a student is limited by Subsection (e) or (f), the institution may not charge to the student an academic fee in an amount that exceeds the amount of the fee that the institution would have charged to the student in the student's freshman year, regardless of whether the student was enrolled in that institution in the student's freshman year. For an academic fee that was not charged in the student's freshman year, after the fee is initially charged, the institution may not increase the amount of the fee charged to the student in any subsequent semester or other term to which this subsection applies.

(h) Notwithstanding any other provision of this chapter other than Section 54.014, after the applicable period prescribed by Subsection (d), a general academic teaching institution may not charge to a student to whom this section applies:

(1) tuition for any course at a rate that exceeds the rate the institution charges for the same or a similar course to a student who enrolls as a first-time resident freshman in the same academic year; or

(2) an academic fee in an amount that exceeds the amount of the fee the institution charges to a first-time resident freshman student enrolled in the same degree program and with the same course load in the same semester or other academic term.

(i) 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 (f) that:

(A) provide for determining tuition rates for students who transfer between institutions of higher education; 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 (j) to allow students to suspend their enrollment or giving students additional time to complete their degree programs.

(j) The coordinating board shall adopt rules to allow a student to pay tuition at the rates provided by Subsection (e) or (f), as applicable, and to pay academic fees in the amounts provided by Subsection (g) 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 (c)(2) or other institution of higher education as required by Subsection (f), or to complete the student's degree program within the applicable period prescribed by Subsection (d). 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 (c)(2), (d), or (f); or

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

(k) This section does not apply to a student who enters an institution of higher education for the first time before the 2011 fall semester. This subsection expires January 1, 2017.

SECTION 2. The Texas Higher Education Coordinating Board shall adopt the rules required by Section 54.017, 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, 2011.