87R1484 KSD-D     By: Schwertner S.B. No. 235       A BILL TO BE ENTITLED   AN ACT   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.