Bill Text: TX SB233 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to limitations on increases in fees and designated tuition charged by public institutions of higher education.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2015-04-15 - Left pending in committee [SB233 Detail]
Download: Texas-2015-SB233-Introduced.html
84R4166 KSD-F | ||
By: Schwertner | S.B. No. 233 |
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relating to limitations on increases in fees and designated tuition | ||
charged by public institutions of higher education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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) 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 institution of | ||
higher education the inflation rate to be used for purposes of | ||
Section 54.0513 or 54.5001 for the next academic year. | ||
(a-1) For purposes of applying Section 54.5001 for the | ||
2015-2016 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, 2016. | ||
(b) 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 2. Section 54.0513, Education Code, is amended by | ||
adding Subsections (g), (h), and (i) to read as follows: | ||
(g) The amount of tuition the governing board of an | ||
institution of higher education charges under this section to a | ||
student 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 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. | ||
(h) Notwithstanding Subsection (g), for the 2015-2016 | ||
academic year, the amount of tuition charged to a student under this | ||
section may not exceed the total amount of tuition that the | ||
institution would have charged under this section to a similarly | ||
situated student for the 2014-2015 academic year, except that if | ||
the institution's governing board, before January 1, 2015, gave | ||
final approval to increased tuition rates to be charged under this | ||
section for the 2015-2016 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, 2016. | ||
(i) If a student has paid an amount of tuition charged under | ||
this section for the 2015 fall semester in excess of the maximum | ||
amount permitted by this section, the institution, not later than | ||
January 1, 2016, shall refund to the student the excess amount of | ||
tuition paid. This subsection expires September 1, 2016. | ||
SECTION 3. 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 for inflation according to | ||
the inflation rate determined under Section 54.0095. | ||
(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. | ||
SECTION 4. (a) Section 54.0513, Education Code, as amended | ||
by this Act, applies beginning with tuition charged by public | ||
institutions of higher education for the 2015-2016 academic year. | ||
Tuition charged by an institution of higher education 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 2015 fall semester. | ||
SECTION 5. 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, 2015. |