Bill Text: TX SB876 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a limitation on the amount of tuition and fees charged to students by public institutions of higher education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-24 - Left pending in committee [SB876 Detail]
Download: Texas-2019-SB876-Introduced.html
86R2213 KSD-D | ||
By: West | S.B. No. 876 |
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relating to a limitation on the amount of tuition and fees charged | ||
to students by public institutions of higher education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 54, Education Code, is | ||
amended by adding Section 54.0514 to read as follows: | ||
Sec. 54.0514. LIMITATION ON TUITION CHARGES. (a) In this | ||
section, "tuition" includes: | ||
(1) tuition for which the rates are prescribed by this | ||
chapter; and | ||
(2) tuition charged by an institution of higher | ||
education under Section 54.0513 or another law authorizing an | ||
institution to establish tuition rates. | ||
(b) The total amount of tuition charged by an institution of | ||
higher education to a student for an academic year may not exceed | ||
the total amount of tuition that the institution would have charged | ||
under this chapter to a similarly situated student for the | ||
2019-2020 academic year, as that amount is adjusted for inflation | ||
for each academic year by applying the inflation rate determined by | ||
the comptroller on the basis of changes in the Texas Consumer Price | ||
Index. For purposes of this subsection, students are similarly | ||
situated if they share the same residency status, degree program, | ||
course load, course level, tuition exemption status, and other | ||
circumstances affecting the tuition charged to the student. This | ||
subsection does not ensure that the total amount of tuition charged | ||
to an individual student does not increase based on a change in the | ||
student's residency status, degree program, course load, course | ||
level, tuition exemption status, or other circumstance affecting | ||
the tuition charged to the student. | ||
(c) The Texas Higher Education Coordinating Board may adopt | ||
rules as necessary to administer this section. | ||
SECTION 2. Sections 54.0513(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) In addition to amounts that a governing board of an | ||
institution of higher education is authorized to charge as tuition | ||
under the other provisions of this chapter, the governing board[ |
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charge any student an amount designated as tuition not to exceed the | ||
amount that enables the institution to comply with Section 54.0514 | ||
that the governing board considers necessary for the effective | ||
operation of the institution. | ||
(b) Subject to the limit provided by Subsection (a) on the | ||
amount designated as tuition charged under this section, a [ |
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governing board may set a different tuition rate under this section | ||
for each program and course level offered by each institution of | ||
higher education[ |
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graduation rates, encourage efficient use of facilities, or enhance | ||
employee performance. | ||
SECTION 3. Sections 54.0515(e) and (f), Education Code, are | ||
amended to read as follows: | ||
(e) It is the legislature's intent that each institution of | ||
higher education[ |
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(1) each institution shall make satisfactory progress | ||
towards the goals provided in its master plan for higher education | ||
and in [ |
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education; and | ||
(2) each institution shall meet acceptable | ||
performance criteria, including measures such as graduation rates, | ||
retention rates, enrollment growth, educational quality, efforts | ||
to enhance minority participation, opportunities for financial | ||
aid, and affordability. | ||
(f) The committee shall: | ||
(1) meet at the call of either chair; | ||
(2) monitor and regularly report to the legislature on | ||
each institution of higher education's compliance with the | ||
requirements of Subsection (e); and | ||
(3) receive and review information concerning the | ||
affordability and accessibility of higher education[ |
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SECTION 4. Subchapter E, Chapter 54, Education Code, is | ||
amended by adding Section 54.5001 to read as follows: | ||
Sec. 54.5001. LIMITATIONS ON FEE INCREASES WITHOUT STUDENT | ||
APPROVAL. (a) Notwithstanding any other provision of this | ||
subchapter or other law and except as provided by Subsection (b), | ||
the governing board of an institution of higher education may not | ||
increase the amount of a fee charged under this subchapter to an | ||
amount that is greater than the amount charged by the institution in | ||
the preceding academic year as adjusted by applying the inflation | ||
rate determined by the comptroller on the basis of changes in the | ||
Texas Consumer Price Index. | ||
(b) Subsection (a) does not apply to an increase in the | ||
amount of a fee if the increase is approved by a vote of the students | ||
of the institution voting in a student election authorized by law | ||
for that purpose. | ||
(c) This section does not: | ||
(1) provide independent authority for the governing | ||
board of an institution of higher education to increase the amount | ||
of a fee or to call a student election to approve an increase in the | ||
amount of a fee; or | ||
(2) authorize the governing board of an institution of | ||
higher education to increase the amount of a fee charged under this | ||
subchapter to an amount that exceeds the maximum amount prescribed | ||
by the law authorizing the fee's imposition, if that law prescribes | ||
a maximum amount. | ||
(d) The Texas Higher Education Coordinating Board may adopt | ||
rules as necessary to administer this section. | ||
SECTION 5. (a) The changes in law made by this Act to | ||
Subchapter B, Chapter 54, Education Code, apply beginning with | ||
tuition charged by public institutions of higher education for the | ||
2020-2021 academic year. Tuition charged by an institution of | ||
higher education in an academic year before that academic year is | ||
covered by the law in effect before the effective date of this Act, | ||
and the former law is continued in effect for that purpose. | ||
(b) Section 54.5001, Education Code, as added by this Act, | ||
applies beginning with fee increases for the 2020 fall semester. | ||
SECTION 6. This Act takes effect January 1, 2020. |