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A BILL TO BE ENTITLED
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AN ACT
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relating to conditions on the receipt of tuition and fee exemptions |
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and waivers at public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 54, Education Code, is |
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amended by adding Section 54.2001 to read as follows: |
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Sec. 54.2001. CONTINUED RECEIPT OF EXEMPTIONS OR WAIVERS |
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CONDITIONAL. (a) Notwithstanding any other law but subject to |
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Subsection (f), after initially qualifying under this subchapter |
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for a mandatory or discretionary exemption or waiver from the |
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payment of all or part of the tuition or other fees for enrollment |
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during a semester or term at an institution of higher education, a |
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person may continue to receive the exemption or waiver for a |
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subsequent semester or term only if the person: |
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(1) as a graduate or undergraduate student, maintains |
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a grade point average that satisfies the institution's grade point |
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average requirement for making satisfactory academic progress |
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toward a degree or certificate in accordance with the institution's |
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policy regarding eligibility for financial aid; and |
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(2) as an undergraduate student, has not completed as |
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of the beginning of the semester or term a number of semester credit |
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hours that is considered to be excessive under Section 54.014, |
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unless permitted to complete those hours by the institution on a |
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showing of good cause. |
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(b) In determining whether a person has completed a number |
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of semester credit hours that is considered to be excessive for |
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purposes of Subsection (a)(2), semester credit hours completed |
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include transfer credit hours that count toward the person's |
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undergraduate degree or certificate program course requirements |
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but exclude: |
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(1) hours earned exclusively by examination; |
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(2) hours earned for a course for which the person |
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received credit toward the person's high school academic |
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requirements; and |
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(3) hours earned for developmental coursework that an |
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institution of higher education required the person to take under |
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Section 51.3062 or under the former provisions of Section 51.306. |
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(c) If on the completion of any semester or term a person |
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fails to meet any requirement of Subsection (a), for the next |
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semester or term in which the person enrolls the person may not |
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receive the exemption or waiver described by Subsection (a). A |
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person may become eligible to receive an exemption or waiver in a |
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subsequent semester or term if the person: |
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(1) completes a semester or term during which the |
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person is not eligible for an exemption or waiver; and |
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(2) meets each requirement of Subsection (a), as |
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applicable. |
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(d) Each institution of higher education shall adopt a |
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policy to allow a student who fails to maintain a grade point |
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average as required by Subsection (a)(1) to receive an exemption or |
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waiver in any semester or term on a showing of hardship or other |
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good cause, including: |
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(1) a showing of a severe illness or other |
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debilitating condition that could affect the student's academic |
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performance; |
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(2) an indication that the student is responsible for |
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the care of a sick, injured, or needy person and that the student's |
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provision of care could affect the student's academic performance; |
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(3) the student's active duty or other service in the |
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United States armed forces; or |
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(4) any other cause considered acceptable by the |
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institution. |
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(e) An institution of higher education shall maintain |
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documentation of each exception granted to a student under |
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Subsection (d). |
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(f) If a requirement imposed by this section for the |
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continued receipt of a specific exemption or waiver conflicts with |
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another requirement imposed by statute for that exemption or |
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waiver, the stricter requirement prevails. |
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(g) This section does not apply to: |
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(1) the waiver provided by Section 54.216 or to any |
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other reduction in tuition provided to a high school student for |
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enrollment in a dual credit course or other course for which the |
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student may earn joint high school and college credit; or |
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(2) any provision of this code that authorizes or |
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requires the payment of tuition or fees at the rates provided for |
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residents of this state by a person who is not a resident of this |
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state for purposes of Subchapter B. |
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SECTION 2. The change in law made by this Act applies to a |
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person's eligibility for an exemption or waiver from the payment of |
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all or part of tuition or other fees beginning with tuition and fees |
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charged for the 2012 fall semester. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |