85R2207 KSD-D     By: Dutton H.B. No. 112       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 an   amount equal to 85 percent of the total amount of tuition that the   institution would have charged under this chapter to a similarly   situated student for the 2016-2017 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 2017   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 2017 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, 2017.