S.B. No. 1531         AN ACT   relating to formula funding for excess undergraduate credit hours   at public institutions of higher education and to the tuition rate   that may be charged for those credit hours.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 54.014, Education Code, is amended by   amending Subsection (a) and adding Subsections (a-1) and (a-2) to   read as follows:          (a)  An institution of higher education may charge a resident   undergraduate student tuition at a higher rate than the rate   charged to other resident undergraduate students, not to exceed the   rate charged to nonresident undergraduate students, if before the   semester or other academic session begins the student has   previously attempted a number of semester credit hours for courses   taken at any institution of higher education while classified as a   resident student for tuition purposes that exceeds [by at least 30   hours] the number of semester credit hours required for completion   of the degree program in which the student is enrolled by at least:                (1)  for an associate degree program, 15 hours; or                (2)  for a baccalaureate degree program, 30 hours.          (a-1)  For purposes of Subsection (a) [this subsection], an   undergraduate student who is not enrolled in a degree program is   considered to be enrolled in a baccalaureate degree program [or   programs requiring a minimum of 120 semester credit hours,   including minors and double majors, and for completion of any   certificate or other special program in which the student is also   enrolled, including a program with a study-abroad component].          (a-2)  An institution of higher education that charges   students tuition at a higher rate under Subsection (a) [this   subsection] may adopt a policy under which the institution exempts   from the payment of that higher rate a student that is subject to   the payment of the higher rate solely as a result of hardship as   determined by the institution under the policy.          SECTION 2.  Sections 61.0595(a) and (b), Education Code, are   amended to read as follows:          (a)  In the formulas established under Section 61.059, the   board may not include funding for semester credit hours earned by a   resident undergraduate student who before the semester or other   academic session begins has previously attempted a number of   semester credit hours for courses taken at any institution of   higher education while classified as a resident student for tuition   purposes that exceeds [by at least 30 hours] the number of semester   credit hours required for completion of the degree program or   programs in which the student is enrolled, including minors and   double majors, and for completion of any certificate or other   special program in which the student is also enrolled, including a   program with a study-abroad component, by at least:                (1)  for an associate degree program, 15 hours; or                (2)  for a baccalaureate degree program, 30 hours.          (b)  For purposes of Subsection (a), an undergraduate   student who is not enrolled in a degree program is considered to be   enrolled in a baccalaureate degree program [requiring a minimum of   120 semester credit hours].          SECTION 3.  The change in law made by this Act to Section   54.014, Education Code, applies beginning with tuition charged to   students enrolling for the first time in an associate degree   program at a public institution of higher education for the 2023   fall semester.  Tuition charged to a student who first enrolled in   an associate degree program at a public institution of higher   education before the 2023 fall semester is governed by the law in   effect immediately before the effective date of this Act, and the   former law is continued in effect for that purpose.          SECTION 4.  The change in law made by this Act to Section   61.0595, Education Code, applies beginning with funding   recommendations made under Section 61.059, Education Code, for the   state fiscal biennium beginning September 1, 2023, for semester   credit hours earned by students initially enrolling in an associate   degree program at a public institution of higher education for the   2023 fall semester or a subsequent semester or term.  Funding   recommendations for semester credit hours earned by a student who   initially enrolled in an associate degree program at a public   institution of higher education before the 2023 fall semester are   governed by the law in effect immediately before the effective date   of this Act, and the former law is continued in effect for that   purpose.          SECTION 5.  This Act takes effect September 1, 2021.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1531 passed the Senate on   April 19, 2021, by the following vote: Yeas 31, Nays 0; and that   the Senate concurred in House amendment on May 28, 2021, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1531 passed the House, with   amendment, on May 25, 2021, by the following vote: Yeas 73,   Nays 72, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor