Bill Text: TX SB1880 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to limitations on increases in fees and designated tuition charged by certain public institutions of higher education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-24 - Left pending in committee [SB1880 Detail]

Download: Texas-2019-SB1880-Introduced.html

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86R2962 KSD-D
By: Schwertner S.B. No. 1880

A BILL TO BE ENTITLED
AN ACT
relating to limitations on increases in fees and designated tuition
charged by certain public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Higher Education
Accountability Restoration Act.
SECTION 2. Subchapter A, Chapter 54, Education Code, is
amended by adding Section 54.0095 to read as follows:
Sec. 54.0095. INFLATION RATE APPLICABLE TO CERTAIN TUITION
OR FEE INCREASES. (a) In this section, "general academic teaching
institution" and "public state college" have the meanings assigned
by Section 61.003.
(b) Not later than January 31 of each year, or as soon
thereafter as practicable, the Legislative Budget Board shall
publish and certify to the governing board of each general academic
teaching institution other than a public state college the
inflation rate to be used for purposes of Sections 54.0513 and
54.5001 for the next academic year.
(b-1) For purposes of applying Section 54.5001 for the
2019-2020 academic year, the Legislative Budget Board shall publish
and certify the applicable inflation rate as soon as practicable
after this section takes effect. This subsection expires September
1, 2020.
(c) The inflation rate is the percentage increase, if any,
as expressed in decimal form rounded to the nearest thousandth of
one percent, in the consumer price index, as defined by Section
341.201, Finance Code, for the preceding calendar year as compared
to the consumer price index for the year preceding that year.
SECTION 3. Section 54.0513, Education Code, is amended by
adding Subsections (g), (g-1), (g-2), and (h) to read as follows:
(g) The amount of tuition the governing board of a general
academic teaching institution other than a public state college
charges under this section to a student of the institution for an
academic year may not exceed the total amount of tuition that the
governing board would have charged under this section to a
similarly situated student of the institution for the preceding
academic year, as that amount is adjusted for each academic year for
inflation according to the inflation rate determined under Section
54.0095. The governing board may not increase the amount of tuition
charged under this section to a student more than once in any
academic year. 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.
(g-1) Notwithstanding Subsection (g), for the 2019-2020
academic year, the amount of tuition charged to a student under this
section by a general academic teaching institution other than a
public state college may not exceed the total amount of tuition that
the institution would have charged under this section to a
similarly situated student for the 2018-2019 academic year, except
that if the institution's governing board, before January 1, 2019,
gave final approval to increased tuition rates to be charged by the
institution under this section for the 2019-2020 academic year, the
institution may charge tuition under this section for that year at
those increased rates. 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 expires September 1, 2020.
(g-2) If a student has paid an amount of tuition charged
under this section by a general academic teaching institution other
than a public state college for the 2019 fall semester in excess of
the maximum amount permitted by this section, the institution, not
later than January 1, 2020, shall refund to the student the excess
amount of tuition paid. This subsection expires September 1, 2020.
(h) In this section, "general academic teaching
institution" and "public state college" have the meanings assigned
by Section 61.003.
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) In this section, "general academic teaching
institution" and "public state college" have the meanings assigned
by Section 61.003.
(b) This section applies only to a general academic teaching
institution other than a public state college.
(c) Notwithstanding any other provision of this subchapter
or other law and except as provided by Subsection (d), the governing
board of an institution to which this section applies 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 for inflation according to
the inflation rate determined under Section 54.0095.
(c-1) Notwithstanding Subsection (c) and except as provided
by Subsection (d), for the 2019-2020 academic year, the amount of a
fee charged under this subchapter by an institution to which this
section applies may not exceed the amount of the fee charged by that
institution under this subchapter in the 2018-2019 academic year,
if the institution charged the fee in that academic year, except
that if the institution's governing board, before January 1, 2019,
gave final approval to an increase in the fee to be charged for the
2019-2020 academic year, the institution may charge the fee for
that year at that increased rate. This subsection expires
September 1, 2020.
(d) Subsection (c) 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.
(e) This section does not:
(1) provide independent authority for the governing
board of an institution to which this section applies 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 to
which this section applies 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.
SECTION 5. (a) Section 54.0513, Education Code, as amended
by this Act, applies beginning with tuition charged by general
academic teaching institutions other than public state colleges for
the 2019-2020 academic year. Tuition charged by an institution for
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 2019 fall semester.
SECTION 6. 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, 2019.