85R4986 KSD-D     By: Swanson H.B. No. 1232       A BILL TO BE ENTITLED   AN ACT   relating to a limitation on the amount of tuition, fees, and other   charges charged to students 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 the total amount of tuition that the institution   would have charged under this chapter to a similarly situated   student for the 2015-2016 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 maximum 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.          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, or a successor state master plan; 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.  The heading to Chapter 54, Education Code, is   amended to read as follows:   CHAPTER 54. TUITION, [AND] FEES, AND OTHER STUDENT CHARGES          SECTION 5.  The heading to Subchapter E, Chapter 54,   Education Code, is amended to read as follows:   SUBCHAPTER E. OTHER FEES, [AND] DEPOSITS, OR CHARGES          SECTION 6.  Subchapter E, Chapter 54, Education Code, is   amended by adding Sections 54.5001 and 54.5002 to read as follows:          Sec. 54.5001.  LIMITATIONS ON FEE AMOUNTS.   (a)  Notwithstanding any other provision of this subchapter or   other law, in any academic year, the governing board of an   institution of higher education may not charge a fee under this   subchapter in an amount that is greater than the amount of the fee   charged by the institution in the 2015-2016 academic year.          (b)  The limitation provided by this section applies to a fee   even if an increase in the amount of the fee is approved by a vote of   the students, student government, or student fee advisory committee   of the institution of higher education.          Sec. 54.5002.  LIMITATIONS ON AMOUNT OF CERTAIN CHARGES.   Notwithstanding any other law, an institution of higher education   may not charge to a student for on-campus housing, parking, or   meals, or for any other on-campus good or service the charge for   which is set by the institution, an amount that is greater than the   amount the institution would have charged for that good or service   during the 2015-2016 academic year, unless the institution   demonstrates that the increase is justified by an increase in   underlying costs for the good or service, such as labor or supply   costs, as demonstrated by an increase in the consumer price index,   as defined by Section 341.201, Finance Code, and certified by the   Legislative Budget Board.          SECTION 7.  This Act applies beginning with tuition, fees,   and other charges charged by public institutions of higher   education for the 2018 fall semester. Tuition, fees, and other   charges charged by an institution of higher education in an   academic period before that semester are covered by the law in   effect before the effective date of this Act, and the former law is   continued in effect for that purpose.          SECTION 8.  This Act takes effect September 1, 2017.