Bill Text: TX SB235 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to limitations on increases in fees charged by certain public institutions of higher education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-03 - Referred to Higher Education [SB235 Detail]
Download: Texas-2021-SB235-Introduced.html
87R1484 KSD-D | ||
By: Schwertner | S.B. No. 235 |
|
||
|
||
relating to limitations on increases in fees charged by certain | ||
public institutions of higher education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 Subsection (e). | ||
(c-1) Notwithstanding Subsection (c) and except as provided | ||
by Subsection (d), for the 2021-2022 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 2020-2021 academic year, | ||
if the institution charged the fee in that academic year, except | ||
that if the institution's governing board, before January 1, 2021, | ||
gave final approval to an increase in the fee to be charged for the | ||
2021-2022 academic year, the institution may charge the fee for | ||
that year at that increased rate. This subsection expires | ||
September 1, 2022. | ||
(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) 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 this section for the next | ||
academic year. 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. | ||
(e-1) For purposes of applying this section for the | ||
2021-2022 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, 2022. | ||
(f) 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 2. Section 54.5001, Education Code, as added by | ||
this Act, applies beginning with fee increases for the 2021 fall | ||
semester. | ||
SECTION 3. 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, 2021. |