EDUCATION CODE
CHAPTER 54. TUITION AND FEES
SUBCHAPTER A. GENERAL PROVISIONS
§ 54.001. DEFINITIONS. In this chapter:
(1) "Institution of higher education" has the same
meaning as is assigned to it by Section 61.003 of this code.
(2) "Governing board" has the same meaning as is
assigned to it by Section 61.003 of this code.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 54.002. APPLICABILITY OF CHAPTER. The provisions of
this chapter apply to all institutions of higher education, except
that as to junior colleges this chapter applies only to the extent
provided by Section 130.003(b) of this code.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 54.003. TUITION AND CHARGES TO BE AUTHORIZED BY
LAW. No institution of higher education may collect from students
attending the institution any tuition, fee, or charge of any kind
except as permitted by law, and no student may be refused admission
to or discharged from any institution for the nonpayment of any
tuition, fee, or charge except as permitted by law.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 54.004. RETENTION AND USE OF FUNDS. All tuition,
local funds, and fees collected by an institution of higher
education shall be retained and expended by the institution and
accounted for annually as provided in the general appropriations
act.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 54.005. RIGHT TO COLLECT SPECIAL FEES. The provisions
of this subchapter requiring the governing board of each
institution of higher education to collect tuition fees do not
deprive the board of the right to collect special fees authorized by
law.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 54.006. REFUND OF TUITION AND FEES. (a) A general
academic teaching institution or medical and dental unit, as soon
as practicable, shall refund the amount of fees and tuition in
excess of the minimum tuition collected for courses from which
students drop within the first 12 days of a fall or spring semester
or within the first four days of a summer term. The institution or
medical and dental unit may not delay a refund under this subsection
on the grounds that the student may withdraw from the institution or
unit later in the semester or term. An institution may assess a
nonrefundable $15 matriculation fee if the student withdraws from
the institution before the first day of classes.
(b) A general academic teaching institution or medical and
dental unit shall refund to a student withdrawing from the
institution or unit an amount equal to the product of the amount of
tuition and mandatory fees collected for each course in which the
student is enrolled on the date the student withdraws multiplied by
the applicable percentage derived from the following tables:
(1) if the student withdraws during a fall or spring
semester or comparable trimester:
(A) prior to the first
class day 100 percent
(B) during the first
five class days 80 percent
(C) during the second
five class days 70 percent
(D) during the third
five class days 50 percent
(E) during the fourth
five class days 25 percent
(F) after the fourth
five class days None; and
(2) if the student withdraws during a summer term:
(A) prior to the first
class day 100 percent
(B) during the first, second,
or third class day 80 percent
(C) during the fourth, fifth,
or sixth class day 50 percent
(D) seventh day of class
and thereafter None.
(c) Separate withdrawal refund schedules may be established
for optional fees such as intercollegiate athletics, cultural
entertainment, parking, and yearbooks.
(d) A general academic teaching institution or medical and
dental unit shall refund tuition and fees paid by a sponsor, donor,
or scholarship to the source rather than directly to the student who
has withdrawn if the funds were made available through the
institution.
(e) A general academic teaching institution or medical and
dental unit shall terminate student services and privileges, such
as health services, library privileges, facilities usage, and
athletic and cultural entertainment tickets, when a student
withdraws from the institution.
(f) Beginning with the summer semester of 1990, if a student
withdraws from an institution of higher education because the
student is called to active military service, the institution, at
the student's option, shall:
(1) refund the tuition and fees paid by the student for
the semester in which the student withdraws;
(2) grant a student, who is eligible under the
institution's guidelines, an incomplete grade in all courses by
designating "withdrawn-military" on the student's transcript; or
(3) as determined by the instructor, assign an
appropriate final grade or credit to a student who has
satisfactorily completed a substantial amount of coursework and who
has demonstrated sufficient mastery of the course material.
(g) A general academic teaching institution or medical and
dental unit may not collect any amount of fees or tuition in excess
of the minimum tuition for a course at the institution or unit from
a student who is entitled to a refund of that amount under this
section if the student has not paid that amount on the date the
student drops the course or withdraws from the institution or unit.
Added by Acts 1977, 65th Leg., p. 220, ch. 106, § 1, eff. Aug. 29,
1977. Amended by Acts 1987, 70th Leg., ch. 901, § 1, eff. Aug.
31, 1987; Acts 1991, 72nd Leg., ch. 15, § 1, eff. April 5, 1991;
Acts 1993, 73rd Leg., ch. 253, § 1, eff. Aug. 30, 1993.
§ 54.0065. TUITION REBATE FOR CERTAIN
UNDERGRADUATES. (a) A qualified student is eligible for a rebate
of a portion of the undergraduate tuition the student has paid if
the student:
(1) is awarded a baccalaureate degree from a general
academic teaching institution; and
(2) has attempted no more than three hours in excess of
the minimum number of semester credit hours required to complete
the degree, including:
(A) transfer credits; and
(B) course credit earned exclusively by
examination, except that, for purposes of this subsection, only the
number of semester credit hours earned exclusively by examination
in excess of nine semester credit hours is treated as hours
attempted.
(b) The amount of tuition to be rebated to a student under
this section is $1,000, unless the total amount of undergraduate
tuition paid by the student to the institution of higher education
awarding the degree was less than $1,000, in which event the amount
of tuition to be rebated is an amount equal to the amount of
undergraduate tuition paid by the student to the institution.
However, a student who paid the institution awarding the degree an
amount of undergraduate tuition less than $1,000 may qualify for an
increase in the amount of the rebate, not to exceed a total rebate
of $1,000, for any amount of undergraduate tuition the student paid
to other institutions of higher education by providing the
institution with proof of the total amount of that tuition paid to
other institutions of higher education.
(c) A student who has transferred from another institution
of higher education shall provide the institution awarding the
degree an official transcript from each institution attended by the
student in order that the total number of hours attempted by the
student can be verified.
(d) To qualify for a rebate under this section, the student
must have been a resident of this state and entitled to pay tuition
at the rate provided by this chapter for a resident student at all
times while pursuing the degree.
(e) All institutions of higher education shall notify each
first-time freshman student of the tuition rebate program.
(f) The institution awarding the degree shall pay the rebate
under this section from local funds.
(g) If a student entitled to a rebate under this section has
an outstanding student loan, including an emergency loan, owed or
guaranteed by this state, including the Texas Guaranteed Student
Loan Corporation, the institution shall apply the amount of the
rebate to the student's loan. If a student has more than one
outstanding loan, the institution shall apply the amount of the
rebate to the loans as directed by the student or, if the student
fails to provide timely instructions on the application of the
amount, the institution shall apply the amount of the rebate to the
loans according to priorities established by the coordinating
board. If the amount of the rebate exceeds the amount of the loan
indebtedness, the institution shall pay the student the excess
amount.
(h) The legislature shall account in the General
Appropriations Act for the rebates authorized by this section in a
way that provides a corresponding increase in the general revenue
funds appropriated to the institution. It is the intent of the
legislature that rebates authorized by this section shall be
financed by savings to the state resulting from reductions in the
number of courses taken by undergraduate students.
(i) The coordinating board, in consultation with the
institutions of higher education, shall adopt rules for the
administration of this section.
Added by Acts 1997, 75th Leg., ch. 1073, § 1.09, eff. Aug. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 611, § 1, eff. June
20, 2003.
§ 54.007. OPTION TO PAY TUITION BY
INSTALLMENT. (a) The governing board of each institution of
higher education shall provide for the payment of tuition and fees
during the fall and spring semesters through the following
alternatives:
(1) full payment of tuition and fees in advance of the
beginning of the semester; or
(2) one-half payment of tuition and fees in advance of
the beginning of the semester, one-quarter payment prior to the
start of the sixth class week, and the final one-quarter payment
before the beginning of the eleventh class week.
(b) The governing board of each institution of higher
education may permit for the payment of tuition and fees during a
12-week summer term and a 16-week summer term through the following
alternatives:
(1) for a student enrolled for a 12-week summer term,
one-half payment of tuition and fees in advance of the beginning of
the summer term, one-quarter payment before the beginning of the
fifth class week, and the final one-quarter payment before the
beginning of the ninth class week; or
(2) for a student enrolled for a 16-week summer term,
one-half payment of tuition and fees in advance of the beginning of
the summer term, one-quarter payment before the beginning of the
sixth class week, and the final one-quarter payment before the
beginning of the 11th class week.
(c) The governing board may assess and collect incidental
fees for students utilizing payment alternative (2) under
Subsection (a) and alternatives (1) and (2) under Subsection (b) of
this section and for students delinquent in payments. The fees must
reasonably reflect the cost to the institution of handling those
payments.
(d) A student who fails to make full payment of tuition and
fees, including any incidental fees, by the due date may be
prohibited from registering for classes until full payment is made.
A student who fails to make payment prior to the end of the semester
may be denied credit for the work done that semester. The governing
board may not impose on a student any sanction authorized by this
subsection unless the governing board includes in any promissory
note signed by a student the following statement printed in
bold-faced type or in capital letters: "A STUDENT WHO FAILS TO MAKE
FULL PAYMENT OF TUITION AND FEES, INCLUDING ANY INCIDENTAL FEES, BY
THE DUE DATE MAY BE PROHIBITED FROM REGISTERING FOR CLASSES UNTIL
FULL PAYMENT IS MADE. A STUDENT WHO FAILS TO MAKE PAYMENT PRIOR TO
THE END OF THE SEMESTER MAY BE DENIED CREDIT FOR THE WORK DONE THAT
SEMESTER." The governing board shall notify a student of any
delinquent tuition or fee payment as soon as practicable. The
institution's records may be adjusted to reflect the student's
failure to have properly enrolled for that semester.
(e) In addition to other payment alternatives provided by
this section, the governing board of a medical and dental unit or of
a general academic teaching institution with a department or
college of veterinary medicine may provide for the payment of
tuition and fees at the unit or at the department or college of
veterinary medicine during any academic year through a one-fourth
payment of tuition and fees in advance of the beginning of the year
and subsequent one-fourth payments of tuition and fees to be made at
periods designated by the governing board. Subsection (b) of this
section applies to tuition and fee payments under this subsection.
In this subsection, "general academic teaching institution" and
"medical and dental unit" have the meanings assigned by Section
61.003 of this code.
Added by Acts 1985, 69th Leg., ch. 708, § 10, eff. Aug. 26, 1985.
Amended by Acts 1989, 71st Leg., ch. 805, § 1, eff. Aug. 28,
1989; Acts 1990, 71st Leg., 6th C.S., ch. 14, § 1, eff. June 14,
1990; Acts 1997, 75th Leg., ch. 1115, § 1, eff. June 19, 1997;
Acts 2001, 77th Leg., ch. 32, § 1, eff. May 3, 2001.
§ 54.008. TUITION RATE SET BY GOVERNING BOARD. (a) The
tuition rates provided by Subchapter B of this chapter are minimum
rates. Except as provided by Subsections (e), (f), and (g), the
governing board of each institution of higher education shall set
tuition for graduate programs for that institution at a rate that is
at least equal to that prescribed by Subchapter B, but that is not
more than twice the rate prescribed by Subchapter B. Between the
maximum and minimum rates, the board may set the differential
tuition among programs offered by an institution of higher
education.
(b) The governing board of a university system is not
required to set uniform tuition rates for graduate programs among
the component institutions of the system.
(c) The limit on tuition rates provided by Subsection (a) of
this section does not apply to tuition at a public junior college.
(d) The difference between the minimum rate prescribed by
Subchapter B of this chapter and that set by the governing board of
an institution of higher education for an institution shall not be
accounted for in an appropriations act in such a way as to reduce
the general revenue appropriations to that institution.
(e) The governing board of an institution of higher
education shall set tuition for an optometry program at the
institution at a rate that is at least equal to the rate prescribed
by Subchapter B of this chapter but not more than four times the
rate prescribed by Subchapter B of this chapter.
(f) The governing board of an institution of higher
education shall set tuition for an undergraduate pharmacy program
at the institution at a rate that is at least equal to the rate
prescribed by Subchapter B but not more than twice the rate
prescribed by Subchapter B. The governing board of an institution
of higher education shall set tuition for a graduate or
professional pharmacy program at the institution at a rate that is
at least equal to the rate prescribed by Subchapter B but not more
than three times the rate prescribed by Subchapter B.
(g) The governing board of an institution of higher
education shall set tuition for a law school at the institution at a
rate that is at least equal to the rate prescribed by Subchapter B
but not more than three times the rate prescribed by Subchapter B.
Added by Acts 1987, 70th Leg., ch. 823, § 1.10, eff. June 20,
1987. Amended by Acts 1995, 74th Leg., ch. 451, § 1, eff. Aug.
28, 1995; Acts 1999, 76th Leg., ch. 89, § 1, eff. May 14, 1999;
Acts 2001, 77th Leg., ch. 655, § 1, eff. Sept. 1, 2001; Acts
2001, 77th Leg; ch; 773, § 1, eff. June 13, 2001.
§ 54.009. INCREASE IN TUITION RATE OR FEES. An
institution of higher education that sets the tuition rates and
fees for a semester or summer term and permits a student to register
for that semester or summer term may not increase the tuition rate
or fees charged that student for that semester or summer term after
the student registers regardless of whether that student has paid
the tuition and fees for that semester or summer term.
Added by Acts 1997, 75th Leg., ch. 711, § 1, eff. Sept. 1, 1997.
§ 54.010. REDUCTION IN TUITION. (a) The governing
board of an institution of higher education may reduce the amount of
tuition charged to a student under this chapter to an amount less
than the amount otherwise required by this chapter if the board:
(1) offers the tuition reduction to the student as
part of an institutional policy adopted by the board to:
(A) increase the average semester credit hour
course load of students enrolled at the institution; or
(B) improve the retention and graduation rate of
students enrolled at the institution; and
(2) determines that the student is:
(A) enrolled in, and making satisfactory
progress toward completion of, a degree program offered at the
institution; and
(B) enrolled in at least 15 semester credit hours
at the institution during the semester or term for which the
reduction is offered.
(b) The governing board may offer a tuition reduction under
this section in a fixed dollar amount, a percentage amount, or any
other manner that the board considers appropriate.
(c) The amount of tuition reduction offered to a student
under this section for a semester or term may not exceed the amount
of tuition that would have been charged to the student under this
chapter for enrollment in three semester credit hours during that
semester or term.
(d) For a tuition reduction offered to a student under this
section, the governing board may prorate the amount of the
reduction based on:
(1) the number of semester credit hours in which the
student is enrolled; or
(2) the length of the semester or term for which the
student is enrolled.
(e) The governing board is not required to offer a tuition
reduction under this section to all institutions of higher
education under its governance or to all degree programs offered at
an institution of higher education under its governance.
Added by Acts 1999, 76th Leg., ch. 1053, § 1, eff. June 18, 1999.
SUBCHAPTER B. TUITION RATES
§ 54.051. TUITION RATES. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "General academic teaching institution" has the
meaning assigned by Section 61.003(3) of this code.
(3) "Medical and dental unit" has the meaning assigned
by Section 61.003 of this code.
(4) "Public junior college" has the meaning assigned
by Section 61.003(2) of this code.
(b) The governing board of each institution of higher
education and of the Texas State Technical College System shall
cause to be collected from students registering at the institution
tuition or registration fees at the rates prescribed in this
section.
(c) Unless a different rate is specified by this section,
tuition for a resident student at a general academic teaching
institution is $50 per semester credit hour.
(d) Unless a different rate is specified by this section,
tuition for a nonresident student at a general academic teaching
institution or medical and dental unit is an amount per semester
credit hour equal to the average of the nonresident undergraduate
tuition charged to a resident of this state at a public state
university in each of the five most populous states other than this
state, as computed by the coordinating board under this subsection.
The coordinating board shall set the tuition rate provided by this
subsection for each academic year and report that rate to each
appropriate institution not later than January 1 of the calendar
year in which the academic year begins, or as soon after that
January 1 as practicable. In computing the tuition rate, the
coordinating board shall use the nonresident tuition rates for the
other states in effect for the academic year in progress when the
board makes the computation.
(e) Tuition for a resident student registered only for
thesis or dissertation credit that is the final credit hour
requirement for the degree in progress is determined by the
governing board of the institution in which the student is
enrolled.
(f) Tuition for a resident student enrolled in a program
leading to an M.D. or D.O. degree is $6,550 per academic year.
Tuition for a nonresident student enrolled in a program leading to
an M.D. or D.O. degree is an amount per year equal to three times the
rate that a resident student enrolled in a program leading to an
M.D. or D.O. degree would pay during the corresponding academic
year.
(g) Tuition for a resident student enrolled in a program
leading to a D.D.S. degree is $5,400 per academic year. Tuition for
a nonresident student enrolled in program leading to a D.D.S.
degree is an amount per year equal to three times the rate that a
resident student enrolled in a program leading to a D.D.S. degree
would pay during the corresponding academic year.
(h) Tuition for a resident student enrolled in a program
leading to a D.V.M. degree is $5,400 per academic year. Tuition for
a nonresident student enrolled in a program leading to a D.V.M.
degree is an amount per year equal to three times the rate that a
resident student enrolled in a program leading to a D.V.M. degree
would pay during the corresponding academic year.
(i) Tuition for a resident student registered at a law
school is $80 per semester credit hour. Tuition for a nonresident
student registered at a law school is the amount that can be charged
a nonresident graduate student under Subsection (d) and Section
54.008.
(j) Tuition for a student registered in a program leading to
a degree in nursing or in an allied health profession is the same as
for students with the same residency registered at a general
academic teaching institution.
(k) Tuition for a resident student registered at the Texas
State Technical College System is the greater of $50 or an amount
set by the governing board of the system at not less than $16 per
semester credit hour. Tuition for a nonresident student registered
at the Texas State Technical College System is an amount set by the
governing board of the system at not less than $80 per semester
credit hour.
(l) Resident students or nonresident students registered
for a course or courses in art, architecture, drama, speech, or
music, where individual coaching or instruction is the usual method
of instruction, shall pay a fee, in addition to the regular tuition,
set by the governing board of the institution.
(m) Unless the student establishes residency as provided by
Section 54.052(j) or 54.057, tuition for a student who is a citizen
of any country other than the United States of America is the same
as the tuition required of other nonresident students.
(n) Tuition for a resident student registered in a public
junior college is determined by the governing board of each
institution, but the tuition may not be less than $8 for each
semester credit hour and may not total less than $25 for a semester.
Tuition for a nonresident student is determined by the governing
board of each institution but the tuition may not be less than $200
for each semester.
(o) Renumbered as V.T.C.A., Education Code § 54.063 and
amended by Acts 1985, 69th Leg., ch. 708, § 8, eff. Aug. 26,
1985.
(p) Renumbered as V.T.C.A., Education Code § 54.064 and
amended by Acts 1985, 69th Leg., ch. 708, § 9, eff. Aug. 26,
1985.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1971, 62nd Leg., p. 3352, ch. 1024, art. 2,
§ 29, eff. Sept. 1, 1971; Acts 1973, 63rd Leg., p. 88, ch. 51,
§ 8, eff. Aug. 27, 1973; Acts 1975, 64th Leg., p. 1358, ch. 515,
§ 1, 2, eff. June 19, 1975; Acts 1975, 64th Leg., p. 2326, ch.
720, § 2, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1382, ch.
617, § 1, eff. Aug. 27, 1979; Acts 1984, 68th Leg., 2nd C.S., ch.
31, art. 10, § 1; Acts 1985, 69th Leg., ch. 708, § 1, 8, 9,
eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 287, § 26, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 6.01,
eff. Sept. 1, 1992; Acts 1995, 74th Leg., ch. 451, § 2, eff. Aug.
28, 1995; Acts 1997, 75th Leg., ch. 1073, § 1.02, eff. Aug. 1,
1997; Acts 2001, 77th Leg., ch. 655, § 2, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1392, § 1, eff. June 16, 2001.
§ 54.0512. INTERIM TUITION RATES.
Text of section effective until Jan. 1, 2008
(a) Notwithstanding Section 54.051, tuition for the
applicable academic years described by this section is as provided
by this section.
(b) Tuition for a resident student at a general academic
teaching institution is:
(1) for the 2000-2001 academic year, $40 per semester
credit hour;
(2) for the 2001-2002 academic year, $42 per semester
credit hour;
(3) for the 2002-2003 academic year, $44 per semester
credit hour;
(4) for the 2003-2004 academic year, $46 per semester
credit hour;
(5) for the 2004-2005 academic year, $48 per semester
credit hour; and
(6) for the 2005-2006 academic year, $50 per semester
credit hour.
(c) Tuition for academic years not specifically covered by
this section is at the rates provided by Section 54.051.
(d) This section expires January 1, 2008.
Added by Acts 1985, 69th Leg., ch. 708, § 3, eff. Aug. 26, 1985.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 6.03, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 451, § 3, eff. Aug. 28,
1995; Acts 2001, 77th Leg., ch. 655, § 3, eff. Sept. 1, 2001.
§ 54.0513. DESIGNATED TUITION. (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 that the governing board considers
necessary for the effective operation of the institution.
(b) A governing board may set a different tuition rate 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.
(c) Amounts collected by an institution of higher education
under this section are institutional funds as defined by Section
51.009 of this code and shall be accounted for as designated funds.
These funds shall not be accounted for in a general appropriations
act in such a way as to reduce the general revenue appropriation to
a particular institution.
(d) A governing board may waive all or part of the tuition
charged to a student under this section if it finds that the payment
of such tuition would cause an undue economic hardship on the
student.
(e) Section 56.033 of this code requiring certain
percentage amounts of tuition to be set aside for grants and
scholarships does not apply to tuition collected under this
section.
(f) A governing board of an institution of higher education
may continue to charge as tuition under this section the amount that
it charged as the building use fee at that institution in the
1996-1997 academic year without holding a public hearing, but may
not increase tuition under this section above that amount without
holding a public hearing.
Added by Acts 1997, 75th Leg., ch. 1073, § 1.01, eff. Aug. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 655, § 4, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1321, § 1, 2, eff. Sept. 1,
2003.
§ 54.0515. LEGISLATIVE OVERSIGHT COMMITTEE ON HIGHER
EDUCATION. (a) In this section, "committee" means the
legislative oversight committee on higher education.
(b) The legislative oversight committee on higher education
is composed of 12 members as follows:
(1) six members of the senate appointed by the
lieutenant governor; and
(2) six members of the house of representatives
appointed by the speaker of the house of representatives.
(c) The lieutenant governor shall designate one of the
committee members appointed by the lieutenant governor as committee
co-chair and the speaker shall designate one of the committee
members appointed by the speaker as committee co-chair.
(d) An appointed member of the committee serves at the
pleasure of the appointing official. In making appointments to the
committee, the appointing officials shall attempt to appoint
persons who represent the gender composition, minority
populations, and geographic regions of the state.
(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.
(g) The committee may request reports and other information
from institutions of higher education and the Texas Higher
Education Coordinating Board as necessary to carry out this
section.
(h) The committee shall make recommendations for any
legislative action the committee considers necessary to meet the
criteria provided by Subsection (e), and such other criteria as the
legislature may establish, and to improve higher education
affordability and access.
(i) This section does not create a cause of action.
Added by Acts 2003, 78th Leg., ch. 1321, § 3, eff. Sept. 1, 2003.
§ 54.052. RESIDENTS; NONRESIDENTS; GENERAL
RULES. (a) In this subchapter:
(1) "Residence" means "domicile."
(2) "Resided in" means "domiciled in."
(3) "Dependent" means an individual who is claimed as
a dependent for federal income tax purposes by the individual's
parent or guardian at the time of registration and for the tax year
preceding the year in which the individual registers.
(b) For the purposes of this subchapter, the status of a
student as a resident or nonresident student is determined as
prescribed by this section, subject to the other applicable
provisions of this subchapter.
(c) An individual who is under 18 years of age or is a
dependent and who is living away from his family and whose family
resides in another state or has not resided in Texas for the
12-month period immediately preceding the date of registration
shall be classified as a nonresident student.
(d) An individual who is 18 years of age or under or is a
dependent and whose family has not resided in Texas for the 12-month
period immediately preceding the date of registration shall be
classified as a nonresident student, regardless of whether he has
become the legal ward of residents of Texas or has been adopted by
residents of Texas while he is attending an educational institution
in Texas, or within a 12-month period before his attendance, or
under circumstances indicating that the guardianship or adoption
was for the purpose of obtaining status as a resident student.
(e) An individual who is 18 years of age or over who has come
from outside Texas and who is gainfully employed in Texas for a
12-month period immediately preceding registration in an
educational institution shall be classified as a resident student
as long as he continues to maintain a legal residence in Texas.
(f) An individual who is 18 years of age or over who resides
out of the state or who has come from outside Texas and who
registers in an educational institution before having resided in
Texas for a 12-month period shall be classified as a nonresident
student.
(g) An individual who would have been classified as a
resident for the first five of the six years immediately preceding
registration but who resided in another state for all or part of the
year immediately preceding registration shall be classified as a
resident student.
(h) An individual who has come from outside Texas and
registered in an educational institution before having resided in
Texas for a 12-month period immediately preceding the date of
registration is entitled to pay the tuition fee and other fees
required of Texas residents if the individual or a member of his
family has located in Texas as an employee of a business or
organization that became established in this state as part of the
program of state economic development and diversification
authorized by the constitution and laws of this state and if the
individual files with the Texas institution of higher education at
which he registers a letter of intent to establish residency in
Texas.
(i) The Texas Higher Education Coordinating Board shall
adopt rules allowing a homeless individual, as defined by 42 U.S.C.
§ 11302, who resides in Texas for the 12-month period
immediately preceding the date of registration but who does not
have a permanent residence to be classified as a resident student
only for purposes of vocational education courses at public junior
colleges.
(j) Notwithstanding any other provision of this subchapter,
an individual shall be classified as a Texas resident until the
individual establishes a residence outside this state if the
individual resided with the individual's parent, guardian, or
conservator while attending a public or private high school in this
state and:
(1) graduated from a public or private high school or
received the equivalent of a high school diploma in this state;
(2) resided in this state for at least three years as
of the date the person graduated from high school or received the
equivalent of a high school diploma;
(3) registers as an entering student in an institution
of higher education not earlier than the 2001 fall semester; and
(4) provides to the institution an affidavit stating
that the individual will file an application to become a permanent
resident at the earliest opportunity the individual is eligible to
do so.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1979, 66th Leg., p. 1065, ch. 496, § 1,
eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 1813, ch. 402, § 1,
eff. June 11, 1981; Acts 1989, 71st Leg., ch. 620, § 2, eff. Aug.
28, 1989; Acts 1993, 73rd Leg., ch. 425, § 1, eff. Aug. 30, 1993;
Acts 2001, 77th Leg., ch. 1392, § 2, eff. June 16, 2001.
§ 54.0521. OATH OF RESIDENCY. (a) Before an
individual may register at an institution of higher education
paying tuition at the rate provided for residents, the individual
must affirm under oath, to the appropriate official at the
institution, that the individual is entitled to be classified as a
resident for purposes of tuition.
(b) If the institution later determines that the individual
was not entitled to be classified as a resident at the time of the
individual's registration, the individual shall, not later than 30
days after the date the individual is notified of the
determination, pay to the institution the amount the individual
should have paid as a nonresident.
(c) If the individual fails to make a timely payment as
required by this section, the individual is not entitled to receive
a transcript or to receive credit for courses taken during the time
the individual was falsely registered as a resident student.
Added by Acts 1985, 69th Leg., ch. 708, § 4, eff. Aug. 26, 1985.
§ 54.053. REGULATIONS OF COORDINATING BOARD. The
governing board of each institution required by this chapter to
charge a nonresident tuition or registration fee is subject to the
rules, regulations, and interpretations issued by the Coordinating
Board, Texas College and University System, for the administration
of the nonresident tuition provisions of this subchapter. The
rules, regulations, and interpretations promulgated by the
coordinating board shall be furnished to the presidents or
administrative heads of all Texas public senior and junior colleges
and universities.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 54.054. NONRESIDENT STATUS: PRESUMPTION;
RECLASSIFICATION. A nonresident student classification is
presumed to be correct as long as the residence of the individual in
the state is primarily for the purpose of attending an educational
institution. After residing in Texas for at least 12 months, a
nonresident student may be reclassified as a resident student as
provided in the rules and regulations adopted by the Coordinating
Board, Texas College and University System. Any individual
reclassified as a resident student is entitled to pay the tuition
fee for a resident of Texas at any subsequent registration as long
as he continues to maintain his legal residence in Texas. Before
February 15, 1972, the Coordinating Board, Texas College and
University System, shall promulgate such rules and regulations.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1971, 62nd Leg., p. 3353, ch. 1024, art. 2,
§ 29, eff. Sept. 1, 1971.
§ 54.055. PARENTS, CHANGE OF RESIDENCE TO ANOTHER
STATE. An individual who is 18 years of age or under or is a
dependent and whose parents were formerly residents of Texas is
entitled to pay the resident tuition fee following the parents'
change of legal residence to another state, as long as the
individual remains continuously enrolled in a regular session in a
state-supported institution of higher education.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1971, 62nd Leg., p. 3354, ch. 1024, art. 2,
§ 29, eff. Sept. 1, 1971; Acts 1979, 66th Leg., p. 1066, ch. 496,
§ 2, eff. Aug. 27, 1979.
§ 54.0551. CHANGE OF RESIDENCE; ONE PARENT REMAINING IN
STATE. An individual who is 18 years of age or under or is a
dependent and who, along with the individual's parents, was
formerly a resident of this state is entitled to pay tuition at the
rate provided for Texas residents if:
(1) the individual and the parent who is the
individual's managing conservator or who is the individual's joint
managing conservator with whom the individual primarily resides
change their legal residence from this state to another state; and
(2) the other parent who is the individual's
possessory conservator or who is the individual's joint managing
conservator with whom the individual does not primarily reside
continues to reside in this state and is not delinquent on the
payment of any child support.
Added by Acts 2001, 77th Leg., ch. 1392, § 3, eff. June 16, 2001.
§ 54.056. EFFECT OF MARRIAGE. A student who is a
resident of Texas and who marries a nonresident is entitled to pay
the resident tuition fee as long as the student does not adopt the
legal residence of the spouse in another state.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 708, § 5, eff. Aug.
26, 1985.
§ 54.057. ALIENS. (a) An alien who is living in this
country under a visa permitting permanent residence or who has
applied to or has a petition pending with the Immigration and
Naturalization Service to attain lawful status under federal
immigration law has the same privilege of qualifying for resident
status for tuition and fee purposes under this subchapter as has a
citizen of the United States. A resident alien residing in a junior
college district located immediately adjacent to Texas boundary
lines shall be charged the resident tuition by that junior college.
(b) A nonimmigrant alien who resides in this state in
accordance with the Agreement between the Parties to the North
Atlantic Treaty Regarding the Status of Their Forces (4 U.S.T.
1792) and the spouse or children of such an alien are residents for
tuition and fee purposes under this code.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1971, 62nd Leg., p. 3354, ch. 1024, art. 2,
§ 29, eff. Sept. 1, 1971; Acts 1989, 71st Leg., ch. 620, § 1,
eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 1392, § 4, eff.
June 16, 2001.
§ 54.058. MILITARY PERSONNEL AND
DEPENDENTS. (a) Military personnel are classified as provided by
this section.
(b) A person who is an officer, enlisted person, selectee,
or draftee of the Army, Army Reserve, Army National Guard, Air
National Guard, Air Force, Air Force Reserve, Navy, Navy Reserve,
Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard
Reserve of the United States, who is assigned to duty in Texas, and
the spouse and children of such an officer, enlisted person,
selectee, or draftee, are entitled to register in a state
institution of higher education by paying the tuition fee and other
fees or charges required of Texas residents, without regard to the
length of time the officer, enlisted person, selectee, or draftee
has been assigned to duty or resided in the state. However,
out-of-state Army National Guard or Air National Guard members
attending training with Texas Army or Air National Guard units
under National Guard Bureau regulations may not be exempted from
nonresident tuition by virtue of that training status nor may
out-of-state Army, Air Force, Navy, Marine Corps, or Coast Guard
Reserves training with units in Texas under similar regulations be
exempted from nonresident tuition by virtue of that training
status. It is the intent of the legislature that only those members
of the Army or Air National Guard or other reserve forces mentioned
above be exempted from the nonresident tuition fee and other fees
and charges only when they become members of Texas units of the
military organizations mentioned above.
(c) The spouse or child of a member of the Armed Forces of
the United States who has been assigned to duty elsewhere
immediately following assignment to duty in Texas is entitled to
pay the tuition fees and other fees or charges provided for Texas
residents as long as the spouse or child resides continuously in
Texas.
(d) A spouse or dependent child of a member of the Armed
Forces of the United States, who is not assigned to duty in Texas
but who has previously resided in Texas for a six-month period, is
entitled to pay the tuition fees and other fees or charges provided
for Texas residents for a term or semester at an institution of
higher education if the member:
(1) at least one year preceding the first day of the
term or semester executed a document with the applicable military
service that is in effect on the first day of the term or semester
and that:
(A) indicates that the member's permanent
residence address is in Texas; and
(B) designates Texas as the member's place of
legal residence for income tax purposes;
(2) has been registered to vote in Texas for the entire
year preceding the first day of the term or semester; and
(3) satisfies at least one of the following
requirements:
(A) for the entire year preceding the first day
of the term or semester has owned real property in Texas and in that
time has not been delinquent in the payment of any taxes on the
property;
(B) has had an automobile registered in Texas for
the entire year preceding the first day of the term or semester; or
(C) at least one year preceding the first day of
the term or semester executed a will that has not been revoked or
superseded indicating that the member is a resident of this state
and deposited the will with the county clerk of the county of the
member's residence under Section 71, Texas Probate Code.
(e) A Texas institution of higher education may charge to
the United States government the nonresident tuition fee for a
veteran enrolled under the provisions of a federal law or
regulation authorizing educational or training benefits for
veterans.
(f) The spouse or child of a member of the Armed Forces of
the United States who dies or is killed is entitled to pay the
resident tuition fee if the spouse or child becomes a resident of
Texas within 60 days of the date of death.
(g) If a member of the Armed Forces of the United States is
stationed outside Texas and the member's spouse or child
establishes residence in Texas by residing in Texas and by filing
with the Texas institution of higher education at which the spouse
or child plans to register a letter of intent to establish residence
in Texas, the institution of higher education shall permit the
spouse or child to pay the tuition, fees, and other charges provided
for Texas residents without regard to length of time that the spouse
or child has resided in Texas.
(h) The governing board of Midwestern State University may
set the resident and nonresident tuition rates for United States
military personnel enrolled in the bachelor of science or master of
science degree program in radiological sciences at Midwestern State
University at the rates the governing board considers appropriate,
notwithstanding any other provision of this subchapter, and may
exempt those military personnel from all or part of required fees
and charges while enrolled in one of those programs. The total
amount of tuition and required fees charged to a resident member of
the armed forces under this subsection may not be less than the
total amount of tuition and required fees charged to other resident
students in the same program. United States military personnel
enrolled in one of those programs by instructional
telecommunication are entitled to pay tuition fees and other fees
or charges provided by the board for United States military
personnel residing in Texas if they began the program while
stationed at a military base or other installation in Texas as a
member of the United States Armed Forces. In this subsection,
"instructional telecommunication" means instruction delivered
primarily by telecommunication technology, including open-channel
television, cable television, closed-circuit television, low power
television, communication and/or direct broadcast satellite,
satellite master antenna system, microwave, videotape, videodisc,
computer software, computer networks, and telephone lines.
(i) A former member of the Armed Forces of the United States
or the former member's spouse or dependent child is entitled to pay
the tuition fees and other fees or charges provided for Texas
residents for any term or semester at a state institution of higher
education that begins before the first anniversary of the member's
separation from the Armed Forces if the former member:
(1) has retired or been honorably discharged from the
Armed Forces; and
(2) has complied with the requirements of Subsection
(d).
(j) A member of the Armed Forces of the United States or the
child or spouse of a member of the Armed Forces of the United States
who is entitled to pay tuition and fees at the rate provided for
Texas residents under another provision of this section while
enrolled in a degree or certificate program is entitled to pay
tuition and fees at the rate provided for Texas residents in any
subsequent term or semester while the person is continuously
enrolled in the same degree or certificate program. For purposes of
this subsection, a person is not required to enroll in a summer term
to remain continuously enrolled in a degree or certificate program.
The person's eligibility to pay tuition and fees at the rate
provided for Texas residents under this subsection does not
terminate because the person is no longer a member of the Armed
Forces of the United States or the child or spouse of a member of the
Armed Forces of the United States.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1973, 63rd Leg., p. 1632, ch. 591, § 1,
eff. June 15, 1973; Acts 1985, 69th Leg., ch. 708, § 6, eff. Aug.
26, 1985; Acts 1995, 74th Leg., ch. 103, § 1, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 5, § 1, eff. April 17, 1997; Acts 1997,
75th Leg., ch. 1298, § 1, eff. June 20, 1997; Acts 2001, 77th
Leg., ch. 515, § 1, eff. June 11, 2001; Acts 2003, 78th Leg., ch.
417, § 1, eff. June 20, 2003.
§ 54.059. FACULTY AND DEPENDENTS. A teacher or
professor of an institution of higher education, and the spouse and
children of such a teacher or professor, are entitled to register in
an institution of higher education by paying the tuition fee and
other fees or charges required for Texas residents without regard
to the length of time the teacher or professor has resided in Texas.
A teacher or professor of an institution of higher education and the
teacher's or professor's family are entitled to the benefit of this
section if the teacher or professor is employed at least one-half
time on a regular monthly salary basis by an institution of higher
education.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 708, § 7, eff. Aug.
26, 1985.
§ 54.060. RESIDENT OF BORDERING STATE OR NATION OR
PARTICIPANT IN STUDENT EXCHANGE PROGRAM: TUITION. (a) The
nonresident tuition fee prescribed by this chapter does not apply
to a nonresident student who is a resident of Arkansas, Louisiana,
New Mexico, or Oklahoma and who registers in a public upper-level
institution of higher education, Lamar State College--Orange,
Lamar State College--Port Arthur, a Texas public junior college, or
a public technical institute that is situated in a county
immediately adjacent to the state in which the nonresident student
resides. The nonresident tuition fee prescribed by this chapter
does not apply to a nonresident student who is a resident of New
Mexico or Oklahoma and who registers in a public technical
institute that is situated in a county that is within 100 miles of
the state in which the nonresident student resides and who is
admitted for the purpose of utilizing available instructional
facilities. The nonresident student described in this subsection
shall pay an amount equivalent to the amount charged a Texas student
registered at a similar school in the state in which the nonresident
student resides. For purposes of this subsection, "public
upper-level institution of higher education" means an institution
of higher education that offers only junior-level and senior-level
courses or only junior-level, senior-level, and graduate-level
courses.
(b) The foreign student tuition fee prescribed in this
chapter does not apply to a foreign student who is a resident of a
nation situated adjacent to Texas, demonstrates financial need as
provided by Subsection (c), and registers in:
(1) any general academic teaching institution or
component of the Texas State Technical College System located in a
county immediately adjacent to the nation in which the foreign
student resides;
(2) lower division courses at a community or junior
college having a partnership agreement pursuant to Subchapter N,
Chapter 51, with an upper-level university and both institutions
are located in the county immediately adjacent to the nation in
which the foreign student resides;
(3) Texas A&M University--Kingsville, Texas A&M
University--Corpus Christi, or The University of Texas at San
Antonio; or
(4) courses that are part of a graduate degree program
in public health and are conducted in a county immediately adjacent
to the nation in which the foreign student resides.
(c) A foreign student to whom Subsection (b) applies shall
pay tuition equal to that charged Texas residents under Sections
54.051 and 54.0512. The coordinating board shall adopt rules
governing the determination of financial need of students to whom
Subsection (b) applies and rules governing a pilot project to be
established at general academic teaching institutions and at
components of the Texas State Technical College System in counties
that are not immediately adjacent to the nation in which the foreign
student resides.
(d) The coordinating board by rule shall establish a program
with the United Mexican States and with Canada for the exchange of
students and shall establish programs with other nations for the
exchange of students to the extent practicable. The foreign
student tuition fee prescribed in this chapter does not apply to a
foreign student participating in an exchange program established
under this section.
(e) The coordinating board shall adopt rules to determine
the number of students who may participate in the programs provided
by Subsections (b) and (d) and the students who may transfer from
any general academic teaching institution or component of the Texas
State Technical College System in a county immediately adjacent to
the nation in which the foreign student resides to attend another
general academic teaching institution or component of the Texas
State Technical College System to complete a degree, certificate,
or diploma or attend graduate school.
(f) The payment of resident tuition at Lamar State
College--Orange, Lamar State College--Port Arthur, or a public
technical institute as authorized by Subsection (a) or at an
institution of higher education as authorized by Subsection (g)
does not affect the constitutionally dedicated funding to which
institutions of higher education are entitled under Article VII,
Section 17, of the Texas Constitution.
(g) The nonresident tuition fee prescribed by this chapter
does not apply to a nonresident student who is a resident of a
county or parish of Arkansas, Louisiana, New Mexico, or Oklahoma
that is adjacent to this state and who registers in an institution
of higher education, the governing board of which has agreed to
admit the student at the resident tuition fee prescribed by this
chapter. The state in which the student resides must allow a
resident of a county of this state that is adjacent to that state to
register in a public institution of higher education in that state
at the tuition fee charged residents of that state. The student
shall pay tuition equal to that charged residents of this state at
the institution.
(h) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "General academic teaching institution" and
"public technical institute" have the meanings assigned by Section
61.003.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 280, ch. 122, § 1,
eff. May 5, 1975; Acts 1987, 70th Leg., ch. 823, § 1.11(a), eff.
June 20, 1987; Acts 1991, 72nd Leg., ch. 18, § 3, eff. April 11,
1991; Acts 1993, 73rd Leg., ch. 266, § 1, 2, eff. May 23, 1993;
Acts 1993, 73rd Leg., ch. 658, § 1, 2, eff. Aug. 30, 1993; Acts
1995, 74th Leg., ch. 451, § 4, 1, eff. Aug. 28, 1995; Acts 1995,
74th Leg., ch. 1037, § 1, eff. Aug. 28, 1995; Acts 1997, 75th
Leg., ch. 197, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
753, § 1, eff. June 17, 1997; Acts 1997, 75th Leg., ch. 1388,
§ 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 767, § 3,
6, eff; June 18, 1999; Acts 2001, 77th Leg., ch. 80, § 1, eff.
May 14, 2001; Acts 2001, 77th Leg., ch. 1392, § 5, eff. June 16,
2001; Acts 2003, 78th Leg., ch. 1276, § 6.010, eff. Sept. 1,
2003.
§ 54.0601. NONRESIDENT TUITION RATES AT CERTAIN
INSTITUTIONS. On the written request of the governing board of a
general academic teaching institution located not more than 100
miles from the boundary of this state with another state, the Texas
Higher Education Coordinating Board may set a nonresident tuition
rate that is lower than the nonresident tuition rate otherwise
provided by this chapter if the coordinating board determines that
the lower rate is in the best interest of the institution and will
not cause unreasonable harm to any other institution of higher
education.
Added by Acts 1995, 74th Leg., ch. 451, § 5, eff. Aug. 28, 1995.
§ 54.061. PENALTY FOR NONCOMPLIANCE WITH RULES. The
governing board of an institution of higher education may assess
and collect from each nonresident student who fails to comply with
the rules and regulations of the board concerning nonresident fees
a penalty not to exceed $10 a semester.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 54.062. TUITION LIMIT IN CASES OF CONCURRENT
ENROLLMENT. When a student registers at more than one public
institution of higher education at the same time, his tuition
charges shall be determined in the following manner:
(1) The student shall pay the full tuition charge to
the first institution at which he is registered; and in any event
he shall pay an amount at least equal to the minimum tuition
specified in this code.
(2) If the minimum tuition specified in this code for
the first institution at which the student is registered is equal to
or greater than the minimum tuition specified in this code for the
second institution at which the student is registered concurrently,
the student shall not be required to pay the specified minimum
tuition charge to the second institution in addition to the tuition
charge paid to the first institution, but shall pay only the hourly
rates, as provided in this code, to the second institution.
(3) If the minimum tuition specified in this code for
the first institution at which the student is registered is less
than the specified minimum tuition charge at the second institution
(that is, if the second institution has a higher minimum tuition
charge specified in this code), then the student shall first
register at the institution having the lower minimum tuition and
shall pay to the second institution only the amount equal to the
difference between his total tuition charge at the second
institution and his total tuition charge at the first institution,
but in no case shall the student pay to the second institution less
than the hourly rates as provided in this code.
(4) If a student is considered to be a Texas resident
and therefore qualified to pay Texas resident tuition rates by one
institution at which he is registered, that student shall be
considered a Texas resident at each of the institutions at which he
is concurrently registered for the purposes of determining the
proper tuition charges. Nothing in this subsection shall be so
construed as to allow a nonresident to pay resident tuition except
at institutions covered by Section 54.060 of this code.
Added by Acts 1977, 65th Leg., p. 21, ch. 7, § 1, eff. March 3,
1977.
§ 54.063. TEACHING OR RESEARCH ASSISTANT. A teaching
assistant or research assistant of any institution of higher
education and the spouse and children of such a teaching assistant
or research assistant are entitled to register in a state
institution of higher education by paying the tuition fees and
other fees or charges required for Texas residents under Section
54.051 of this code, without regard to the length of time the
assistant has resided in Texas, if the assistant is employed at
least one-half time in a teaching or research assistant position
which relates to the assistant's degree program under rules and
regulations established by the employer institution.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Renumbered from § 54.051(o) and amended by Acts 1985,
69th Leg., ch. 708, § 8, eff. Aug. 26, 1985.
§ 54.064. SCHOLARSHIP STUDENT. (a) A student who
holds a competitive scholarship of at least $1,000 for the academic
year or summer for which the student is enrolled and who is either a
nonresident or a citizen of a country other than the United States
of America is entitled to pay the fees and charges required of Texas
residents without regard to the length of time the student has
resided in Texas. The student must compete with other students,
including Texas residents, for the scholarship and the scholarship
must be awarded by a scholarship committee officially recognized by
the administration and be approved by the Texas Higher Education
Coordinating Board under criteria developed by the board.
(b) The total number of students at an institution paying
resident tuition under this section for a particular semester may
not exceed five percent of the total number of students registered
at the institution for the same semester of the preceding academic
year.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Renumbered from § 54.051(p) and amended by Acts 1985,
69th Leg., ch. 708, § 9, eff. Aug. 26, 1985. Amended by Acts
1989, 71st Leg., ch. 805, § 2, eff. Aug. 28, 1989; Acts 1995,
74th Leg., ch. 451, § 6, eff. Aug. 28, 1995.
§ 54.065. BIOMEDICAL RESEARCH PROGRAM; SCHOLARSHIP
STUDENT. A student is entitled to pay the fees and charges
required of Texas residents without regard to the length of time the
student has resided in Texas if the student:
(1) holds a competitive academic scholarship or
stipend;
(2) is accepted in a clinical and biomedical research
training program designed to lead to both doctor of medicine and
doctor of philosophy degrees; and
(3) is either a nonresident or a citizen of a country
other than the United States of America.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 65, § 1, eff. Aug. 4,
1987.
§ 54.066. TUITION RATES FOR CERTAIN DOCTORAL
STUDENTS. The governing board of an institution of higher
education may charge a resident doctoral student who has more
semester credit hours of doctoral work than allowed for purposes of
state funding for the current state fiscal biennium under Section
61.059(l) tuition at the rate charged nonresident doctoral
students. Tuition charged at the rate provided by this section
shall be accounted for as if collected under Section 54.008.
Added by Acts 1993, 73rd Leg., ch. 27, § 5, eff. April 13, 1993.
Amended by Acts 1997, 75th Leg., ch. 690, § 1, eff. Sept. 1,
1997.
§ 54.067. STUDENTS 55 YEARS OF AGE OR OLDER. (a) An
institution of higher education may charge a student 55 years of age
or older tuition and fees at rates that are lower than the rates
otherwise provided by this chapter, under the condition that a
student under 55 years of age will not be precluded from enrolling
in a course for credit toward a degree or certificate. The
institution may set additional qualifications that a student must
meet to qualify for tuition and fees at rates set under this section
and may set different rates for different programs, campuses, or
courses. The institution may set rates under this section for
resident students, nonresident students, or both, and may set
different rates for resident students and nonresident students.
(b) A tuition or fee rate set under this section must apply
uniformly to each student that meets the applicable qualifications
set by the institution to pay tuition or fees at that rate.
(c) The legislature in an appropriations act shall account
for the rates authorized by Subsection (a) in a way that does not
increase the general revenue appropriations to that institution.
Added by Acts 1995, 74th Leg., ch. 362, § 2, eff. June 8, 1995.
§ 54.068. TUITION FOR EXCESSIVE UNDERGRADUATE
HOURS. (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 45 hours the number of semester credit hours required
for completion of the degree program in which the student is
enrolled. For purposes of this subsection, an undergraduate
student who is not enrolled in a degree program is considered to be
enrolled in a degree program requiring a minimum of 120 semester
credit hours.
(b) Semester credit hours or other credit listed in Section
61.0595(d) is not counted in determining the number of semester
credit hours previously attempted by a student for purposes of
Subsection (a).
(c) Subsection (a) does not apply to the tuition charged to
a student who initially enrolled as an undergraduate student in an
institution of higher education before the 1999 fall semester.
(d) In its appropriations to institutions of higher
education, the legislature shall compute the local funds available
to each institution as if the tuition collected under Subsection
(a) were not collected.
(e) Each institution of higher education shall inform each
new undergraduate student enrolling at the institution in writing
of the limitation provided by this section on the number of hours
that a Texas resident is entitled to complete while paying tuition
at the rate provided for Texas residents.
Added by Acts 1997, 75th Leg., ch. 1073, § 1.08, eff. Aug. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 6, § 2, eff. April 8,
1999.
§ 54.069. REGISTERED NURSES IN POSTGRADUATE NURSING
DEGREE PROGRAMS. An institution of higher education may permit a
registered nurse authorized to practice professional nursing in
Texas to register by paying the tuition fees and other fees or
charges required for Texas residents under Section 54. 051, without
regard to the length of time the registered nurse has resided in
Texas, if the registered nurse:
(1) is enrolled in a program designed to lead to a
master's degree or other higher degree in nursing; and
(2) intends to teach in a program in Texas designed to
prepare students for licensure as registered nurses.
Added by Acts 2001, 77th Leg., ch. 1489, § 4, eff. Sept. 1, 2001.
§ 54.070. FOREIGN SERVICE OFFICERS. A foreign service
officer employed by the United States Department of State and
enrolled in an institution of higher education is entitled to pay
the tuition and fees at the rates provided for Texas residents if
the person is assigned to an office of the department of state that
is located in a foreign nation that borders on this state.
Added by Acts 2001, 77th Leg., ch. 80, § 2, eff. May 14, 2001.
Renumbered from V.T.C.A., Education Code § 54.069 by Acts 2003,
78th Leg., ch. 1275, § 2(31), eff. Sept. 1, 2003.
§ 54.071. BILLING AND NOTIFICATION FOR TUITION. For
billing and catalogue purposes, each governing board shall
accumulate all the tuition that it charges under this subchapter
into one tuition charge.
Added by Acts 2001, 77th Leg., ch. 655, § 5, eff. Sept. 1, 2001.
Renumbered from V.T.C.A., Education Code § 54.069 by Acts 2003,
78th Leg., ch. 1275, § 2(32), eff. Sept. 1, 2003.
§ 54.072. FLAT RATE TUITION PILOT PROJECT.
Text of section effective until Sept. 1, 2005
(a) In this section, "tuition" means all academic program
costs related to enrollment in an academic course or degree program
that are charged to a student, including all charges designated as
tuition, mandatory fees, and incidental fees. The term does not
include voluntary fees.
(b) Notwithstanding any other provision of this chapter,
the board of regents of The University of Texas System may establish
a pilot project at The University of Texas at Austin involving not
more than two colleges or degree programs designated by the board of
regents under which the university charges the same amount of
tuition to all undergraduate students enrolled in a college or
degree program included in the pilot project.
(c) The board of regents may not require a full-time student
who pays tuition under the pilot project to pay more tuition than
the average amount of tuition that a student not included in the
pilot project would pay for enrolling in the university for 14
semester credit hours for the same semester or term.
(d) The board of regents shall evaluate the effect of flat
rate tuition charged under the pilot project on the number of
semester credit hours taken by students included in the project
each semester. The board shall report the results of the evaluation
to the legislature not later than December 31, 2002, and December
31, 2004.
(e) This section expires September 1, 2005.
Added by Acts 2001, 77th Leg., ch. 579, § 1, eff. June 11, 2001.
Renumbered from V.T.C.A., Education Code § 54.069 by Acts 2003,
78th Leg., ch. 1275, § 2(33), eff. Sept. 1, 2003.
SUBCHAPTER D. EXEMPTIONS FROM TUITION
§ 54.201. HIGHEST RANKING HIGH SCHOOL GRADUATES. The
governing board of each institution of higher education may issue
scholarships each year to the highest ranking graduate of each
accredited high school of this state, exempting the graduates from
the payment of tuition during both semesters of the first regular
session immediately following their graduation. This exemption may
be granted for any one of the first four regular sessions following
the individual's graduation from high school when in the opinion of
the institution's president the circumstances of an individual
case, including military service, merit the action.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 54.203. VETERANS, DEPENDENTS, ETC. (a) The
governing board of each institution of higher education shall
exempt the following persons from the payment of all dues, fees, and
charges, including fees for correspondence courses but excluding
property deposit fees, student services fees, and any fees or
charges for lodging, board, or clothing, provided the persons
seeking the exemptions were citizens of Texas at the time they
entered the services indicated and have resided in Texas for at
least the period of 12 months before the date of registration:
(1) all nurses and honorably discharged members of the
armed forces of the United States who served during the
Spanish-American War or during World War I;
(2) all nurses, members of the Women's Army Auxiliary
Corps, members of the Women's Auxiliary Volunteer Emergency
Service, and all honorably discharged members of the armed forces
of the United States who served during World War II except those who
were discharged from service because they were over the age of 38 or
because of a personal request on the part of the person that he be
discharged from service;
(3) all honorably discharged men and women of the
armed forces of the United States who served during the national
emergency which began on June 27, 1950, and which is referred to as
the Korean War; and
(4) all persons who were honorably discharged from the
armed forces of the United States after serving on active military
duty, excluding training, for more than 180 days and who served a
portion of their active duty during:
(A) the Cold War which began on the date of the
termination of the national emergency cited in Subdivision (3) of
this subsection;
(B) the Vietnam era which began on December 21,
1961, and ended on May 7, 1975;
(C) the Grenada and Lebanon era which began on
August 24, 1982, and ended on July 31, 1984;
(D) the Panama era which began on December 20,
1989, and ended on January 21, 1990;
(E) the Persian Gulf War which began on August 2,
1990, and ends on the date thereafter prescribed by Presidential
proclamation or September 1, 1997, whichever occurs first; or
(F) any future national emergency declared in
accordance with federal law.
(b) The exemptions provided for in Subsection (a) of this
section also apply and inure to the benefit of the children of
members of the armed forces of the United States who are or were
killed in action, who die or died while in service, who are missing
in action, or whose death is documented to be directly caused by
illness or injury connected with service in the armed forces of the
United States, and to the benefit of orphans of members of the Texas
National Guard and the Texas Air National Guard killed since
January 1, 1946, while on active duty either in the service of their
state or the United States. However, to qualify for this exemption
a person must be a citizen of Texas and must have resided in the
state for at least 12 months immediately preceding the date of the
person's registration.
(c) The exemptions provided for in Subsection (a) of this
section shall not exceed a cumulative total of 150 credit hours.
(d) The governing board of each institution of higher
education granting exemptions shall require every applicant
claiming the benefit of an exemption to submit satisfactory
evidence that he fulfills the necessary citizenship and residency
requirements.
(e) The exemption from fees provided for in Subsection (a)
of this section does not apply to a person if at the time of his
registration he is eligible for educational benefits under federal
legislation in effect at the time of his registration if the value
of those benefits is equal to or exceeds the value of the exemption,
except that the person must first utilize the federal benefit for
which he is eligible and the combined amount of the federal benefit
plus the amount of this waiver shall not exceed the maximum value of
the waiver. A person is covered by the exemptions if his right to
benefits under federal legislation is extinguished at the time of
his registration, except that a person is not eligible for an
exemption from fees under this section if the person's right to
benefits under federal legislation is extinguished because the
person is in default of repayment of a loan made to the person under
a federal program to provide or guarantee loans for educational
purposes. A person is not eligible for the exemption if the person
is in default on a loan made or guaranteed for educational purposes
by the State of Texas.
(f) The governing board of each institution of higher
education may enter into contracts with the United States
government, or any of its agencies, to furnish instruction to
ex-servicemen and ex-service women at a tuition rate which covers
the estimated cost of the instruction or, in the alternative, at a
tuition rate of $100 a semester, as may be determined by the
governing board. If the rates specified are prohibited by federal
law for any particular class of ex-servicemen or ex-service women,
the tuition rate shall be set by the governing board, but shall not
be less than the established rate for civilian students. If federal
law provides as to any class of veterans that the tuition payments
are to be deducted from subsequent benefits to which the veteran may
be entitled, the institution shall refund to any veteran who is a
resident of Texas within the meaning of this section the amount by
which any adjusted compensation payment is actually reduced because
of tuition payments made to the institution by the federal
government for the veteran.
(g) The governing board of a junior college district may
provide that the exemptions provided by Subsections (a) and (b) do
not apply to a course fee or training fee charged a student by the
junior college district to cover the flight time costs associated
with a course in aircraft flight training, to the extent those costs
are incurred by a student:
(1) who does not have a private pilot rating; or
(2) who has a private pilot rating but is not actively
seeking to fulfill the requirements of the Federal Aviation
Administration for an additional certification or rating.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1993, 73rd Leg., ch. 435, § 1, 2, eff.
June 6, 1993; Acts 1995, 74th Leg., ch. 159, § 1, eff. May 23,
1995; Acts 1995, 74th Leg., ch. 301, § 1, eff. June 5, 1995;
Acts 1995, 74th Leg., ch. 840, § 1, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 1102, § 1, eff. Sept. 1, 1997.
§ 54.204. CHILDREN OF DISABLED FIREMEN AND PEACE
OFFICERS. (a) In this section:
(1) "Eligible employee" means a full-paid or volunteer
firefighter, or a full-paid municipal, county, or state peace
officer, or a custodial employee of the Texas Department of
Corrections, or a game warden.
(2) "Disability" means inability to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to
result in death or to be of long-continued and indefinite duration.
An individual shall not be considered to be under a disability
unless he furnishes such proof of its existence as may be required.
(b) The governing board of each institution of higher
education shall exempt from the payment of all dues, fees, and
charges any person whose parent is an eligible employee who has
suffered an injury, resulting in death or disability, sustained in
the line of duty according to the regulations and criteria then in
effect governing the department or agency in which he was employed.
The exemption does not apply to general property deposits or to fees
or charges for lodging, board, or clothing.
(c) A person is not entitled to the exemption if the person:
(1) does not apply initially for the exemption before
the date the person:
(A) becomes 21 years of age, if the person is not
covered by Paragraph (B); or
(B) becomes 22 years of age, if the person is
eligible to participate in a school district's special education
program under Section 29.003;
(2) does not meet all entrance requirements of the
institution; or
(3) does not maintain a scholastic average sufficient
to remain in good standing.
(d) Subject to Subsection (e), a person may receive an
exemption only for the first 120 undergraduate semester credit
hours for which the person registers.
(e) A person is not entitled to an exemption for any term or
semester the person begins after the date the person becomes 26
years of age.
(f) A person entitled to an exemption under the provisions
of this section shall, when transferring from a public junior
college to a public senior college or university, meet the standard
entrance requirements required by the senior college or university
of an applicant for admission not covered by the provisions of this
section.
(g) An eligible employee whose injury results in a
disability shall submit to a physical examination by a physician
designated by the United States Social Security Administration to
conduct physical examinations and to make disability reports to the
Social Security Administration. If the physician decides the
injury received has resulted in a disability, he shall certify this
fact to the head of the department which employs the employee.
(h) The head of the department which employed the eligible
employee at the time he sustained the injury shall file a
certificate with the Coordinating Board, Texas College and
University System, on a form prepared by the board for the purpose.
The head of the department shall attach the certificate of the
examining physician if an examination is required by Subsection (g)
of this section. A copy of the certificate on file with the
coordinating board is sufficient evidence for the institution to
grant the exemption.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 1386, ch. 534, § 1,
eff. Sept. 1, 1975; Acts 1999, 76th Leg., ch. 1531, § 1, eff.
Aug. 30, 1999; Acts 2001, 77th Leg., ch. 465, § 1, 2, eff. June
11, 2001.
§ 54.2041. DISABLED PEACE OFFICERS. (a) The governing
board of an institution of higher education may exempt a student
from the payment of tuition and required fees authorized by this
chapter for a course for which space is available if the student:
(1) is a resident of this state and has resided in this
state for the 12 months immediately preceding the beginning of the
semester or session for which an exemption is sought;
(2) is permanently disabled as a result of an injury
suffered during the performance of a duty as a peace officer of this
state or a political subdivision of this state; and
(3) is unable to continue employment as a peace
officer because of the disability.
(b) A person may not receive an exemption under this section
for more than 12 semesters or sessions while the person is enrolled
in an undergraduate program or while the person is attending only
undergraduate courses.
(c) A person may not receive an exemption under this section
if the person is enrolled in a master's degree program or is
attending postgraduate courses to meet the requirements of a
master's degree program and the person has previously received a
master's degree and received an exemption under this section for a
semester or session while attending a postgraduate course to meet
the requirements of the master's degree program.
(d) A person may not receive an exemption under this section
if the person is enrolled in a doctoral degree program or is
attending postgraduate courses to meet the requirements of a
doctoral degree program and the person has previously received a
doctoral degree and received an exemption under this section for a
semester or session while attending a postgraduate course to meet
the requirements of the doctoral degree program.
(e) A person must apply for an exemption in the manner
provided by the governing board of the institution. The governing
board shall require an applicant for an exemption to submit
satisfactory evidence that the applicant is eligible for the
exemption.
(f) The legislature, in an appropriations act, shall
account for the rates of tuition and fees authorized by Subsection
(a) in a way that does not increase the general revenue
appropriations to that institution.
(g) In this section, "injury suffered during the
performance of a duty as a peace officer" means an injury occurring
as a result of the peace officer's performance of any of the
following law enforcement duties:
(1) traffic enforcement or traffic control duties,
including enforcement of traffic laws, investigation of vehicle
accidents, or directing traffic;
(2) pursuit, arrest, or search of a person reasonably
believed to have violated a law;
(3) investigation, including undercover
investigation, of a criminal act;
(4) patrol duties, including automobile, bicycle,
foot, air, or horse patrol;
(5) duties related to the transfer of prisoners; or
(6) training duties, including participation in any
training required by the officer's employer or supervisor or by the
Commission on Law Enforcement Officer Standards and Education.
(h) For the purpose of this section, a peace officer is
considered permanently disabled only if the chief administrative
officer of the law enforcement agency or other entity that employed
the officer at the time of the injury determines the officer is
permanently disabled and satisfies any requirement of an
institution under Subsection (e).
Added by Acts 1997, 75th Leg., ch. 728, § 1, eff. June 17, 1997.
§ 54.205. BLIND, DEAF STUDENTS. (a) In this section:
(1) "Resident" has the same meaning as is assigned it
in Subchapter B of this chapter.
(2) "Blind person" means a person who is a "blind
disabled individual" as defined in Section 91.051(5), Human
Resources Code.
(3) "Deaf person" means a person whose sense of
hearing is nonfunctional, after all necessary medical treatment,
surgery, and use of hearing aids, for understanding normal
conversation.
(4) "Tuition fees" includes all dues, fees, and
enrollment charges whatsoever for which exemptions may be lawfully
made, including fees for correspondence courses, general property
deposit fees, and student services fees, but does not include fees
or charges for lodging, board, or clothing.
(5) "Institution of higher education" has the meaning
assigned by Section 61.003, except that the term includes the
Southwest Collegiate Institute for the Deaf.
(b) A deaf or blind person who is a resident is entitled to
exemption from the payment of tuition fees at any institution of
higher education utilizing public funds if he presents:
(1) certification that he is a "blind person" or a
"deaf person" as defined in Subsection (a) of this section by the
Texas Rehabilitation Commission, Texas Commission for the Blind, or
Texas Commission for the Deaf and Hard of Hearing, as appropriate,
in a written statement, which certification is considered
conclusive;
(2) a written statement of purpose from the person
that indicates the certificate or degree program to be pursued or
the professional enhancement from the course of study for that
certificate or degree program;
(3) a high school diploma or its equivalent;
(4) a letter of recommendation from the principal of
the high school attended by the deaf or blind individual, a public
official, or some other responsible person who knows the deaf or
blind individual and is willing to serve as a reference; and
(5) proof that he meets all other entrance
requirements of the institution.
(c) The governing board of an institution may establish
special entrance requirements to fit the circumstances of deaf and
blind persons. The Texas Rehabilitation Commission, the Texas
Commission for the Blind, the Texas Commission for the Deaf and Hard
of Hearing, and the Texas Higher Education Coordinating Board may
develop any rules and procedures that these agencies determine
necessary for the efficient implementation of this section.
(d) For the purposes of this section, a person is required
to present certification that the person is a "blind person" or a
"deaf person" as required under Subsection (b)(1) of this section
at the time the person initially enrolls at an institution of higher
education in the course of study designated by the person under
Subsection (b)(2) of this section. The certification is valid for
each semester that the person enrolls at that institution in the
designated course of study.
(e) A person who qualifies for an exemption under this
section is entitled to the exemption for each course in which the
person enrolls at an institution of higher education.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1973, 63rd Leg., p. 427, ch. 192, § 1,
2, eff. May 25, 1973; Acts 1985, 69th Leg., ch. 793, § 32, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 392, § 1, 2, eff. Sept.
1, 1993; Acts 1995, 74th Leg., ch. 116, § 1, eff. May 17, 1995;
Acts 1995, 74th Leg., ch. 835, § 16, eff. Sept. 1, 1995.
§ 54.207. STUDENTS FROM OTHER NATIONS OF THE AMERICAN
HEMISPHERE. (a) The governing boards of the institutions of
higher education may annually exempt from the payment of tuition
fees the following students:
(1) 200 native-born students from the other nations of
the American hemisphere; and
(2) 35 native-born students from a Latin American
country designated by the United States Department of State.
(b) Ten students from each nation, as authorized in
Subsection (a)(1) of this section, shall be exempt as provided in
this subsection. In the event any nation fails to have 10 students
available and qualified for exemption, additional students from the
other nations may be exempted, subject to the approval of the
Coordinating Board, Texas College and University System, and
allocation by it. However, not more than 235 students from all the
nations shall be exempt each year. In the event the nation
designated in Subsection (a)(2) of this section fails to have 35
students available and qualified for exemption within a reasonable
time, additional students from other nations may be exempt, subject
to the approval of the coordinating board.
(c) Every applicant desiring the exemption shall furnish
satisfactory evidence, certified by the proper authority of his
native country, that he is a bona fide native-born citizen and
resident of the country which certifies his application and that he
is scholastically qualified for admission.
(d) The coordinating board, after consultation with
representatives of the governing boards of the institutions of
higher education, shall formulate and prescribe a plan governing
the admission and distribution of all applicants desiring to
qualify under the provisions of this section.
(e) No student shall be exempted under this section who is
not a native-born citizen of the country certifying his
qualifications and who has not lived in one of the nations of this
hemisphere for a period of at least five years. No member of the
Communist Party and no student from Cuba shall be eligible for
benefits under this section.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 708, § 11, eff.
Aug. 26, 1985.
§ 54.208. FIREMEN ENROLLED IN FIRE SCIENCE COURSES. The
governing boards of the state institutions of collegiate rank
supported in whole or in part by public funds shall exempt from the
payment of tuition and laboratory fees any person who is employed as
a fireman by any political subdivision of the state and who enrolls
in a course or courses offered as part of a fire science curriculum.
The exemption provided does not apply to deposits which may be
required in the nature of security for the return or proper care of
property loaned for the use of students.
Added by Acts 1971, 62nd Leg., p. 3345, ch. 1024, art. 2, § 16,
eff. Sept. 1, 1971.
§ 54.209. CHILDREN OF PRISONERS OF WAR OR PERSONS
MISSING IN ACTION. (a) In this section:
(1) "Dependent child" means a person under 21 years of
age, or a person under 25 years of age who receives the majority of
his support from his parent or parents.
(2) "Tuition and fees" includes tuition, service fees,
lab fees, building use fees, and all other fees except room, board,
or clothing fees, or deposits in the nature of security for the
return or proper care of property.
(b) The governing body of each institution of higher
education, on presentation of satisfactory evidence, shall exempt
from the payment of tuition and fees the dependent child of any
person who is a domiciliary of Texas on active duty as a member of
the armed forces of the United States, and who at the time of the
registration is classified by the Department of Defense as a
prisoner of war or as missing in action.
Added by Acts 1971, 62nd Leg., p. 3356, ch. 1024, art. 2, § 33,
eff. Sept. 1, 1971.
§ 54.210. SENIOR CITIZENS. (a) In this section,
"senior citizen" means a person 65 years of age or older.
(b) The governing board of a state-supported institution of
higher education may allow a senior citizen to audit any course
offered by the institution without the payment of a fee if space is
available.
(c) The governing board of an institution of higher
education may allow a senior citizen to enroll for credit in up to
six hours of courses offered by the institution each semester or
summer term without payment of tuition if space is available.
Added by Acts 1975, 64th Leg., p. 265, ch. 111, § 1, eff. Sept. 1,
1975. Amended by Acts 1995, 74th Leg., ch. 369, § 1, eff. Aug.
28, 1995.
§ 54.211. EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER
RESIDENTIAL CARE. A student is exempt from the payment of tuition
and fees authorized in this chapter if the student:
(1) was in foster care or other residential care under
the conservatorship of the Department of Protective and Regulatory
Services on or after:
(A) the day preceding the student's 18th
birthday;
(B) the day of the student's 14th birthday, if
the student was also eligible for adoption on or after that day; or
(C) the day the student graduated from high
school or received the equivalent of a high school diploma; and
(2) enrolls in an institution of higher education as
an undergraduate student not later than:
(A) the third anniversary of the date the student
was discharged from the foster or other residential care, the date
the student graduated from high school, or the date the student
received the equivalent of a high school diploma, whichever date is
earliest; or
(B) the student's 21st birthday.
Added by Acts 1993, 73rd Leg., ch. 435, § 3, eff. June 6, 1993.
Amended by Acts 1997, 75th Leg., ch. 731, § 1, eff. Sept. 1,
1997.
§ 54.2111. EXEMPTIONS FOR ADOPTED STUDENTS FORMERLY IN
FOSTER OR OTHER RESIDENTIAL CARE. A student is exempt from the
payment of tuition and fees authorized by this chapter if the
student:
(1) was adopted; and
(2) was the subject of an adoption assistance
agreement under Subchapter D, Chapter 162, Family Code.
Added by Acts 2003, 78th Leg., ch. 1266, § 1.10, eff. June 20,
2003.
§ 54.212. ONE-YEAR EXEMPTION FOR CERTAIN TANF
STUDENTS. A student is exempt from the payment of tuition and fees
authorized by this chapter for the first academic year in which the
student enrolls at an institution of higher education if the
student:
(1) graduated from a public high school in this state;
(2) successfully completed the attendance
requirements under Section 21.032;
(3) during the student's last year of public high
school in this state, was a dependent child receiving financial
assistance under Chapter 31, Human Resources Code, for not less
than six months;
(4) is younger than 22 years of age on the date of
enrollment;
(5) enrolls at the institution as an undergraduate
student not later than the second anniversary of the date of
graduation from a public high school in this state;
(6) has met the entrance examination requirements of
the institution before the date of enrollment; and
(7) is classified as a resident under Subchapter B.
Added by Acts 1995, 74th Leg., ch. 620, § 1, eff. Aug. 28, 1995.
Amended by Acts 1997, 74th Leg., ch. 620, § 1; Acts 2001, 77th
Leg., ch. 1094, § 1, eff. June 15, 2001.
§ 54.213. FUNDING OF EXEMPTIONS. (a) An institution
of higher education may fund tuition exemptions under Section
54.212 or 54.214 from local funds or from funds appropriated to the
institution. An institution of higher education is not required to
provide tuition exemptions beyond those funded through
appropriations specifically designated for this purpose.
(b) Savings to the foundation school fund that occur as a
result of the Early High School Graduation Scholarship program
created in Subchapter K, Chapter 56, and that are not required for
the funding of state credits for tuition and mandatory fees under
Section 56.204 or school district credits under Section 56.2075
shall be used first to provide tuition exemptions under Section
54.212. Any of those savings remaining after providing tuition
exemptions under Section 54.212 shall be used to provide tuition
exemptions under Section 54.214. The Texas Education Agency shall
also accept and make available to provide tuition exemptions under
Section 54.214 gifts, grants, and donations made to the agency for
that purpose. Payment of funds under this subsection shall be made
in the manner provided by Section 56.207 for state credits under
Subchapter K, Chapter 56.
Added by Acts 1995, 74th Leg., ch. 620, § 1, eff. Aug. 28, 1995.
Amended by Acts 1997, 75th Leg., ch. 524, § 2, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1317, § 9, eff. Sept. 1, 2003.
§ 54.214. EDUCATIONAL AIDES. (a) In this section,
"coordinating board" means the Texas Higher Education Coordinating
Board.
(b) The governing board of an institution of higher
education shall exempt an eligible educational aide from the
payment of tuition and fees, other than class or laboratory fees.
(c) To be eligible for an exemption under this section, a
person must:
(1) be a resident of this state;
(2) be a school employee serving in any capacity who
worked as an educational aide for at least one school year during
the five years preceding the term or semester for which the person
receives the exemption;
(3) establish financial need as determined by
coordinating board rule;
(4) be enrolled in courses required for teacher
certification at the institution of higher education granting the
exemption;
(5) maintain an acceptable grade point average as
determined by coordinating board rule; and
(6) comply with any other requirements adopted by the
coordinating board under this section.
(d) The coordinating board must certify a person's
eligibility to receive an exemption under this section. As soon as
practicable after receiving an application for certification, the
coordinating board shall make the determination of eligibility and
give notice of its determination to the applicant, the institution
of higher education at which the applicant is enrolled, and the
school district employing the person as an educational aide.
(e) The coordinating board shall adopt rules consistent
with this section as necessary to implement this section. The
coordinating board shall distribute a copy of the rules adopted
under this section to each school district and institution of
higher education in this state.
(f) The board of trustees of a school district shall
establish a plan to encourage the hiring of educational aides who
show a willingness to become certified teachers.
(g) The governing board of an institution of higher
education that offers courses required for teacher certification
shall establish a plan to make those courses more accessible to
those who seek teacher certification. The board shall consider as
part of its plan to make those courses more accessible for teacher
certification, evening classes, Internet classes, or other means
approved by the Texas Higher Education Coordinating Board.
Added by Acts 1997, 75th Leg., ch. 524, § 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 74, § 1, eff. May 14, 2001.
§ 54.2155. PAYMENT OF TUITION ASSISTANCE FOR MEMBERS OF
STATE MILITARY FORCES. (a) In the manner established by the Texas
Higher Education Coordinating Board, for each semester the
coordinating board shall certify to institutions of higher
education information identifying the persons to whom the adjutant
general of the state military forces has awarded tuition assistance
under Section 431.090, Government Code, if the coordinating board
has determined that sufficient money is available to reimburse
institutions for tuition exemptions granted under this section and
to make tuition assistance grants under Subsection (c). An
institution of higher education shall exempt a person certified by
the coordinating board under this section from the payment of
tuition for the semester credit hours for which the person enrolls,
not to exceed 12 semester credit hours. If the person is not
charged tuition at the rate provided for other Texas residents, the
amount of the exemption may not exceed the amount of tuition the
person would be charged as a Texas resident for the number of
semester credit hours for which the person enrolls, not to exceed 12
semester credit hours.
(b) From money appropriated for purposes of this section,
the coordinating board shall reimburse an institution of higher
education in an amount equal to the amount of the tuition exemption
the institution grants to a person under Subsection (a).
(c) From money appropriated for purposes of this section,
the coordinating board shall make a grant to a person attending a
private or independent institution of higher education, as defined
by Section 61.003, to whom the adjutant general has awarded tuition
assistance for the semester under Section 431.090, Government Code.
The amount of a grant under this section is an amount equal to the
average amount of reimbursement the coordinating board estimates
will be paid per student for the same semester under Subsection (b).
Added by Acts 1999, 76th Leg., ch. 1206, § 2, eff. Jan. 1, 2000.
§ 54.216. STUDENTS ENROLLED IN COURSE FOR CONCURRENT
HIGH SCHOOL AND COLLEGE-LEVEL CREDIT. The governing board of an
institution of higher education may waive all or part of the tuition
and fees charged by the institution for a student enrolled in a
course for which the student is entitled to simultaneously receive
both:
(1) course credit toward the student's high school
academic requirements; and
(2) course credit toward a degree offered by the
institution.
Added by Acts 2003, 78th Leg., ch. 812, § 1, eff. June 20, 2003.
§ 54.217. STUDENTS ENROLLED IN FULLY FUNDED
COURSES. The governing board of an institution of higher education
may waive tuition and fees for students attending courses that are
fully funded by federal or other sources.
Added by Acts 1995, 74th Leg., ch. 327, § 1, eff. June 8, 1995.
Renumbered from § 54.212 by Acts 1999, 76th Leg., ch. 62, §
19.01(11), eff. Sept. 1, 1999.
§ 54.218. DISTANCE LEARNING OR OFF-CAMPUS COURSES. The
governing board of an institution of higher education may waive a
fee it is authorized to charge if the board determines that:
(1) a student is enrolled only in distance learning
courses or other off-campus courses of the institution;
(2) the student cannot reasonably be expected to use
the activities, services, or facilities on which the fee is based;
and
(3) the waiver of the fee will not materially impair
the ability of the institution either to service any debt on which
the fee is based or to offer or operate the particular activity,
service, or facility supported by the fee.
Added by Acts 1997, 75th Leg., ch. 1073, § 1.03, eff. Aug. 1,
1997. Renumbered from § 54.214 by Acts 1999, 76th Leg., ch. 62,
§ 19.01(12), eff. Sept. 1, 1999.
§ 54.219. PRISONERS OF WAR. (a) In this section,
"tuition and required fees" includes tuition, service fees, lab
fees, building use fees, and all other required fees except room,
board, or clothing fees or deposits in the nature of security for
the return or proper care of property.
(b) For each semester or summer session and for a total
number of semester credit hours not to exceed 120, the governing
body of each institution of higher education shall exempt from the
payment of tuition and required fees any person who:
(1) is a resident of Texas and was a resident of Texas
at the time of the person's original entry into the United States
armed forces;
(2) was first classified as a prisoner of war by the
United States Department of Defense on or after January 1, 1999;
and
(3) is enrolled for at least 12 semester credit hours.
(c) For each semester or session in which a person receives
an exemption from tuition and required fees under Subsection (b),
the governing body of the institution the person attends shall
exempt the person from the payment of fees and charges for lodging
and board if the person resides on the campus of the institution.
If the person does not reside on the campus of the institution, the
institution shall provide to the person a reasonable stipend to
cover the costs of the person's lodging and board.
(d) For each semester or session in which a person receives
an exemption from tuition and required f
