84R1839 KSD-D
	By: González	H.B. No. 89

	A BILL TO BE ENTITLED
	AN ACT
	relating to a limitation on the amount of tuition charged 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 TOTAL AMOUNT OF TUITION. (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
	2014-2015 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. 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.
	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[,
	under the terms the governing board considers appropriate,] may
	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 [A]
	governing board may set a different tuition rate under this section
	for each program and course level offered by each institution of
	higher education[. A governing board may set a different tuition
	rate] as the governing board considers appropriate to increase
	graduation rates, encourage efficient use of facilities, [or]
	enhance employee performance, or further another legitimate
	purpose of the institution.
	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[, as a condition to tuition deregulation under
	Section 54.0513,] reasonably implement the following:
	(1)  each institution shall make satisfactory progress
	towards the goals provided in its master plan for higher education
	and in "Closing the Gaps," the state's master plan for higher
	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[, including
	the impact of tuition deregulation].
	SECTION 4.  (a)  This Act applies beginning with tuition
	charged by public institutions of higher education for the 2015
	fall semester. Tuition charged by an institution of higher
	education in an academic period before that semester 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)  If before the effective date of this Act a student has
	paid an amount of tuition for the 2015 fall semester in excess of
	the maximum amount permitted by Section 54.0514, Education Code, as
	added by this Act, the institution the student attends shall refund
	to the student the excess amount of tuition paid.
	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.