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A BILL TO BE ENTITLED
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AN ACT
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relating to state fiscal matters related to public and higher |
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education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES |
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GENERALLY |
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SECTION 1.01. This article applies to any state agency, |
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school, institution of higher education, or other entity that |
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receives an appropriation under Article III of the General |
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Appropriations Act. |
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SECTION 1.02. Notwithstanding any other statute of this |
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state, each entity to which this article applies is authorized to |
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reduce or recover expenditures by: |
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(1) consolidating any reports or publications the |
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entity is required to make and filing or delivering any of those |
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reports or publications exclusively by electronic means; |
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(2) extending the effective period of any license, |
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permit, or registration the entity grants or administers; |
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(3) entering into a contract with another governmental |
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entity or with a private vendor to carry out any of the entity's |
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duties; |
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(4) adopting additional eligibility requirements for |
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persons who receive benefits under any law the entity administers |
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to ensure that those benefits are received by the most deserving |
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persons consistent with the purposes for which the benefits are |
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provided; |
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(5) providing that any communication between the |
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entity and another person and any document required to be delivered |
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to or by the entity, including any application, notice, billing |
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statement, receipt, or certificate, may be made or delivered by |
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e-mail or through the Internet; and |
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(6) adopting and collecting fees or charges to cover |
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any costs the entity incurs in performing its lawful functions. |
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ARTICLE 2. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT |
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SECTION 2.01. Subsection (h), Section 28.053, Education |
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Code, is amended to read as follows: |
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(h) The commissioner may enter into agreements with the |
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college board and the International Baccalaureate Organization to |
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pay for all examinations taken by eligible public school students. |
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An eligible student is a student [one] who: |
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(1) takes a college advanced placement or |
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international baccalaureate course at a public school or who is |
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recommended by the student's principal or teacher to take the test; |
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and |
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(2) demonstrates financial need as determined in |
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accordance with guidelines adopted by the board that are consistent |
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with the definition of financial need adopted by the college board |
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or the International Baccalaureate Organization. |
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ARTICLE 3. FISCAL MATTERS CONCERNING EARLY HIGH SCHOOL GRADUATION |
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SECTION 3.01. Subchapter K, Chapter 56, Education Code, is |
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amended by adding Section 56.2012 to read as follows: |
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Sec. 56.2012. EXPIRATION OF SUBCHAPTER; ELIGIBILITY |
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CLOSED. (a) This subchapter expires September 1, 2017. |
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(b) Notwithstanding Section 56.203, a person may not |
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receive an award under this subchapter if the person graduates from |
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high school on or after September 1, 2011. |
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SECTION 3.02. Subsection (b), Section 54.213, Education |
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Code, is amended to read as follows: |
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(b) [Savings to the foundation school fund that occur as a
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result of the Early High School Graduation Scholarship program
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created in Subchapter K, Chapter 56, and that are not required for
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the funding of state credits for tuition and mandatory fees under
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Section 56.204 or school district credits under Section 56.2075
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shall be used first to provide tuition exemptions under Section
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54.212. Any of those savings remaining after providing tuition
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exemptions under Section 54.212 shall be used to provide tuition
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exemptions under Section 54.214.] The Texas Education Agency shall |
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[also] accept and make available to provide tuition exemptions |
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under Section 54.214 gifts, grants, and donations made to the |
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agency for that purpose. The commissioner of education shall |
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transfer those funds to the Texas Higher Education Coordinating |
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Board to distribute to institutions of higher education that |
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provide exemptions under that section [Payment of funds under this
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subsection shall be made in the manner provided by Section 56.207
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for state credits under Subchapter K, Chapter 56]. |
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SECTION 3.03. Section 56.210, Education Code, is repealed. |
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ARTICLE 4. FISCAL MATTERS CONCERNING TUITION EXEMPTIONS |
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SECTION 4.01. Subsection (c), Section 54.214, Education |
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Code, is amended to read as follows: |
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(c) To be eligible for an exemption under this section, a |
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person must: |
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(1) be a resident of this state; |
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(2) be a school employee serving in any capacity; |
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(3) for the initial term or semester for which the |
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person receives an exemption under this section, have worked as an |
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educational aide for at least one school year during the five years |
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preceding that term or semester; |
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(4) establish financial need as determined by |
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coordinating board rule; |
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(5) be enrolled at the institution of higher education |
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granting the exemption in courses required for teacher |
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certification in one or more subject areas determined by the Texas |
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Education Agency to be experiencing a critical shortage of teachers |
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at the public schools in this state [at the institution of higher
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education granting the exemption]; |
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(6) maintain an acceptable grade point average as |
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determined by coordinating board rule; and |
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(7) comply with any other requirements adopted by the |
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coordinating board under this section. |
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SECTION 4.02. The change in law made by this article applies |
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beginning with tuition and fees charged for the 2011 fall semester. |
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Tuition and fees charged for a term or semester before the 2011 fall |
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semester are covered by the law in effect during the term or |
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semester for which the tuition and fees are charged, and the former |
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law is continued in effect for that purpose. |
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ARTICLE 5. FISCAL MATTERS CONCERNING CERTAIN DISTRIBUTIONS TO |
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INSTITUTIONS OF HIGHER EDUCATION |
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SECTION 5.01. Subchapter A, Chapter 63, Education Code, is |
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amended by adding Section 63.0035 to read as follows: |
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Sec. 63.0035. LIQUIDATION OF INSTITUTION'S SHARE OF FUND. |
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(a) The comptroller in consultation with the board of regents of |
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The University of Texas System shall establish procedures by which |
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any institution entitled in a state fiscal year to receive a |
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distribution from the permanent fund established under this |
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subchapter may, in lieu of receiving the distribution owed to the |
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institution for that year, request and receive a liquidation |
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distribution of the institution's proportional share of the total |
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value of the fund. The board of regents shall make the liquidation |
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distribution in accordance with the procedures established under |
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this section. |
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(b) For purposes of making a liquidation distribution under |
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this section: |
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(1) the institution's proportional share of the total |
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value of the fund is the same as the institution's proportional |
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share of the total amount of distributions from the fund made during |
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the preceding state fiscal year; and |
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(2) the total value of the fund is determined at the |
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close of business on the date on which the institution makes its |
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request for a liquidation distribution. |
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(c) Any expenses associated with the liquidation |
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distribution shall be deducted from the amount of the liquidation |
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distribution before payment is made to the institution. |
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(d) Notwithstanding Section 63.002(c), an institution that |
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receives a liquidation distribution of the institution's |
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proportional share of the fund is not entitled to any subsequent |
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distributions from the fund. |
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(e) Notwithstanding the other provisions of this |
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subchapter, an institution that receives a liquidation |
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distribution under this section may use those funds for any lawful |
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purpose of the institution. The comptroller shall establish |
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procedures to ensure that a liquidation distribution to Baylor |
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College of Medicine is used for public purposes consistent with a |
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contract in effect under Section 61.092. |
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ARTICLE 6. FISCAL MATTERS CONCERNING DUAL HIGH SCHOOL AND JUNIOR |
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COLLEGE CREDIT |
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SECTION 6.01. Subsection (c), Section 130.008, Education |
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Code, is amended to read as follows: |
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(c) The contact hours attributable to the enrollment of a |
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high school student in a course offered for joint high school and |
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junior college credit under this section, excluding a course for |
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which the student attending high school may receive course credit |
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toward the physical education curriculum requirement under Section |
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28.002(a)(2)(C), shall be included in the contact hours used to |
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determine the junior college's proportionate share of the state |
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money appropriated and distributed to public junior colleges under |
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Sections 130.003 and 130.0031, even if the junior college waives |
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all or part of the tuition or fees for the student under Subsection |
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(b). |
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SECTION 6.02. This article applies beginning with funding |
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for the 2011 fall semester. |
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ARTICLE 7. EFFECTIVE DATE |
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SECTION 7.01. This Act takes effect September 1, 2011. |
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