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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 fees and designated 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 A, Chapter 54, Education Code, is |
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amended by adding Section 54.0095 to read as follows: |
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Sec. 54.0095. INFLATION RATE APPLICABLE TO CERTAIN TUITION |
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OR FEE INCREASES. (a) Not later than January 31 of each year, or as |
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soon thereafter as practicable, the Legislative Budget Board shall |
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publish and certify to the governing board of each institution of |
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higher education the inflation rate to be used for purposes of |
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Section 54.0513 or 54.5001 for the next academic year. |
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(a-1) For purposes of applying Section 54.5001 for the |
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2015-2016 academic year, the Legislative Budget Board shall publish |
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and certify the applicable inflation rate as soon as practicable |
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after this section takes effect. This subsection expires September |
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1, 2016. |
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(b) The inflation rate is the percentage increase, if any, |
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as expressed in decimal form rounded to the nearest thousandth of |
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one percent, in the consumer price index, as defined by Section |
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341.201, Finance Code, for the preceding calendar year as compared |
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to the consumer price index for the year preceding that year. |
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SECTION 2. Section 54.0513, Education Code, is amended by |
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adding Subsections (g), (h), and (i) to read as follows: |
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(g) The amount of tuition the governing board of an |
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institution of higher education charges under this section to a |
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student for an academic year may not exceed the total amount of |
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tuition that the governing board would have charged under this |
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section to a similarly situated student for the preceding academic |
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year, as that amount is adjusted for each academic year for |
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inflation according to the inflation rate determined under Section |
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54.0095. The governing board may not increase the amount of tuition |
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charged under this section to a student more than once in any |
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academic year. For purposes of this subsection, students are |
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similarly situated if they share the same residency status, degree |
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program, course load, course level, tuition exemption status, and |
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other circumstances affecting the tuition charged to the student. |
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(h) Notwithstanding Subsection (g), for the 2015-2016 |
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academic year, the amount of tuition charged to a student under this |
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section may not exceed the total amount of tuition that the |
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institution would have charged under this section to a similarly |
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situated student for the 2014-2015 academic year, except that if |
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the institution's governing board, before January 1, 2015, gave |
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final approval to increased tuition rates to be charged under this |
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section for the 2015-2016 academic year, the institution may charge |
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tuition under this section for that year at those increased rates. |
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For purposes of this subsection, students are similarly situated if |
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they share the same residency status, degree program, course load, |
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course level, tuition exemption status, and other circumstances |
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affecting the tuition charged to the student. This subsection |
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expires September 1, 2016. |
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(i) If a student has paid an amount of tuition charged under |
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this section for the 2015 fall semester in excess of the maximum |
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amount permitted by this section, the institution, not later than |
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January 1, 2016, shall refund to the student the excess amount of |
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tuition paid. This subsection expires September 1, 2016. |
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SECTION 3. Subchapter E, Chapter 54, Education Code, is |
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amended by adding Section 54.5001 to read as follows: |
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Sec. 54.5001. LIMITATIONS ON FEE INCREASES WITHOUT STUDENT |
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APPROVAL. (a) Notwithstanding any other provision of this |
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subchapter or other law and except as provided by Subsection (b), |
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the governing board of an institution of higher education may not |
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increase the amount of a fee charged under this subchapter to an |
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amount that is greater than the amount charged by the institution in |
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the preceding academic year as adjusted for inflation according to |
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the inflation rate determined under Section 54.0095. |
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(b) Subsection (a) does not apply to an increase in the |
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amount of a fee if the increase is approved by a vote of the students |
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of the institution voting in a student election authorized by law |
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for that purpose. |
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(c) This section does not: |
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(1) provide independent authority for the governing |
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board of an institution of higher education to increase the amount |
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of a fee or to call a student election to approve an increase in the |
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amount of a fee; or |
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(2) authorize the governing board of an institution of |
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higher education to increase the amount of a fee charged under this |
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subchapter to an amount that exceeds the maximum amount prescribed |
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by the law authorizing the fee's imposition, if that law prescribes |
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a maximum amount. |
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SECTION 4. (a) Section 54.0513, Education Code, as amended |
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by this Act, applies beginning with tuition charged by public |
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institutions of higher education for the 2015-2016 academic year. |
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Tuition charged by an institution of higher education for an |
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academic year before that academic year is covered by the law in |
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effect before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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(b) Section 54.5001, Education Code, as added by this Act, |
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applies beginning with fee increases for the 2015 fall semester. |
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SECTION 5. 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, 2015. |