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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 certain 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. This Act shall be known as the Higher Education |
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Accountability Restoration Act. |
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SECTION 2. 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) In this section, "general academic teaching |
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institution" and "public state college" have the meanings assigned |
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by Section 61.003. |
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(b) Not later than January 31 of each year, or as soon |
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thereafter as practicable, the Legislative Budget Board shall |
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publish and certify to the governing board of each general academic |
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teaching institution other than a public state college the |
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inflation rate to be used for purposes of Sections 54.0513 and |
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54.5001 for the next academic year. |
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(b-1) For purposes of applying Section 54.5001 for the |
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2019-2020 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, 2020. |
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(c) 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 3. Section 54.0513, Education Code, is amended by |
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adding Subsections (g), (g-1), (g-2), and (h) to read as follows: |
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(g) The amount of tuition the governing board of a general |
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academic teaching institution other than a public state college |
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charges under this section to a student of the institution for an |
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academic year may not exceed the total amount of tuition that the |
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governing board would have charged under this section to a |
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similarly situated student of the institution for the preceding |
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academic 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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(g-1) Notwithstanding Subsection (g), for the 2019-2020 |
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academic year, the amount of tuition charged to a student under this |
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section by a general academic teaching institution other than a |
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public state college may not exceed the total amount of tuition that |
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the institution would have charged under this section to a |
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similarly situated student for the 2018-2019 academic year, except |
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that if the institution's governing board, before January 1, 2019, |
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gave final approval to increased tuition rates to be charged by the |
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institution under this section for the 2019-2020 academic year, the |
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institution may charge tuition under this section for that year at |
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those increased rates. For purposes of this subsection, students |
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are similarly situated if they share the same residency status, |
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degree program, course load, course level, tuition exemption |
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status, and other circumstances affecting the tuition charged to |
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the student. This subsection expires September 1, 2020. |
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(g-2) If a student has paid an amount of tuition charged |
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under this section by a general academic teaching institution other |
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than a public state college for the 2019 fall semester in excess of |
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the maximum amount permitted by this section, the institution, not |
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later than January 1, 2020, shall refund to the student the excess |
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amount of tuition paid. This subsection expires September 1, 2020. |
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(h) In this section, "general academic teaching |
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institution" and "public state college" have the meanings assigned |
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by Section 61.003. |
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SECTION 4. 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) In this section, "general academic teaching |
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institution" and "public state college" have the meanings assigned |
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by Section 61.003. |
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(b) This section applies only to a general academic teaching |
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institution other than a public state college. |
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(c) Notwithstanding any other provision of this subchapter |
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or other law and except as provided by Subsection (d), the governing |
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board of an institution to which this section applies 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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(c-1) Notwithstanding Subsection (c) and except as provided |
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by Subsection (d), for the 2019-2020 academic year, the amount of a |
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fee charged under this subchapter by an institution to which this |
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section applies may not exceed the amount of the fee charged by that |
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institution under this subchapter in the 2018-2019 academic year, |
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if the institution charged the fee in that academic year, except |
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that if the institution's governing board, before January 1, 2019, |
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gave final approval to an increase in the fee to be charged for the |
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2019-2020 academic year, the institution may charge the fee for |
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that year at that increased rate. This subsection expires |
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September 1, 2020. |
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(d) Subsection (c) 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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(e) This section does not: |
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(1) provide independent authority for the governing |
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board of an institution to which this section applies to increase |
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the amount of a fee or to call a student election to approve an |
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increase in the amount of a fee; or |
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(2) authorize the governing board of an institution to |
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which this section applies to increase the amount of a fee charged |
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under this subchapter to an amount that exceeds the maximum amount |
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prescribed by the law authorizing the fee's imposition, if that law |
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prescribes a maximum amount. |
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SECTION 5. (a) Section 54.0513, Education Code, as amended |
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by this Act, applies beginning with tuition charged by general |
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academic teaching institutions other than public state colleges for |
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the 2019-2020 academic year. Tuition charged by an institution for |
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an 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 2019 fall semester. |
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SECTION 6. 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, 2019. |