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 fees under Subsection (b),
the governing body of the institution the person attends shall
award to the person a scholarship to cover the costs of books and
similar educational materials required for course work at the
institution.
(e) An institution may use any available revenue, including
legislative appropriations, and shall solicit and accept gifts,
grants, and donations for the purposes of this section. The
institution shall use gifts, grants, and donations received for the
purposes of this section before using any other revenue.
Added by Acts 1999, 76th Leg., ch. 1590, § 11(b), eff. June 19,
1999.
SUBCHAPTER E. OTHER FEES AND DEPOSITS
§ 54.501. LABORATORY FEES. (a) An institution of
higher education shall set and collect a laboratory fee in an amount
sufficient to cover the general cost of laboratory materials and
supplies used by a student. An institution other than a public
junior college may charge a laboratory fee in an amount that is not
less than $2 nor more than $30 for any one semester or summer term
for a student in any one laboratory course, except that the amount
of the laboratory fee may not exceed the cost of actual materials
and supplies used by the student. A public junior college may
charge a laboratory fee in an amount that does not exceed the lesser
of $24 per semester credit hour of laboratory course credit for
which the student is enrolled or the cost of actual materials and
supplies used by the student.
(b) Laboratory fees collected by an institution under this
section shall be accounted for as educational and general funds.
(c) The governing board of a public junior college may set
and collect a fee per contact hour, not to exceed $4, for each
person registered in an aerospace mechanics certification course
where the fee is required to offset that portion of the cost of the
course, including the cost of equipment and of professional
instruction or tutoring, that is not covered by state funding or by
the fee in Subsection (a).
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 497, § 1, eff. June
12, 1985; Acts 1987, 70th Leg., ch. 901, § 2, eff. Aug. 31, 1987;
Acts 2003, 78th Leg., ch. 1238, § 1, eff. June 20, 2003.
§ 54.5011. CHARGES AND FEES FOR CERTAIN
PAYMENTS. (a) This section applies to a payment of tuition, a
fee, or another charge to an institution of higher education that is
made or authorized person, by mail, by telephone call, or through
the Internet by means of:
(1) an electronic funds transfer; or
(2) a credit card.
(b) An institution of higher education may charge a fee or
other amount in connection with a payment to which this section
applies, in addition to the amount of the tuition, fee, or other
charge being paid, including:
(1) a discount, convenience, or service charge for the
transaction; or
(2) a service charge in connection with a payment
transaction that is dishonored or refused for lack of funds or
insufficient funds.
(c) A fee or other charge under this section must be in an
amount reasonably related to the expense incurred by the
institution in processing and handling the payment or payment
transaction.
(d) Before accepting a payment by credit card, the
institution shall notify the student of any fee to be charged under
this section.
Added by Acts 2001, 77th Leg., ch. 118, § 6.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1266, § 1.11, eff.
June 20, 2003.
§ 54.502. GENERAL PROPERTY DEPOSITS. (a) An
institution of higher education may collect a reasonable deposit in
an amount not to exceed $100 from each student to insure the
institution against losses, damages, and breakage in libraries and
laboratories. The deposit shall be returned on the withdrawal or
graduation of a student, less an amount necessary to cover any loss,
damage, or breakage caused by the student.
(b) The medical, dental, and allied health units of The
University of Texas System, the University of North Texas Health
Science Center at Fort Worth, the Texas Tech University Health
Sciences Center, and The Texas A & M University College of Medicine
may collect a breakage or loss deposit no greater than $30.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1987, 70th Leg., ch. 901, § 3, eff. Aug.
31, 1987; Acts 1989, 71st Leg., ch. 910, § 6; Acts 1993, 73rd
Leg., ch. 408, § 5, eff. Aug. 30, 1993; Acts 2001, 77th Leg., ch.
1416, § 1, eff. June 16, 2001.
§ 54.5021. STUDENT DEPOSIT FUND; COMPOSITION AND
USES. (a) The student deposit fund consists of the income from
the investment or time deposits of general property deposits and of
forfeited general property deposits. Any general property deposit
which remains without call for refund for a period of four years
from the date of last attendance of the student making the deposit
shall be forfeited and become a part of the student deposit fund.
Nothing in this section shall be construed to prohibit refund of any
balance remaining in a general property deposit when made on proper
demand and within the four-year limitation period. The governing
board of the institution may require that no student withdraw his
deposit until he has been graduated or has apparently withdrawn
from school.
(b) The student deposit fund shall be used, at the
discretion of the governing board, for making scholarship awards to
needy and deserving students. The governing board shall administer
the scholarship awards for the institution, including the selection
of recipients and the amounts and conditions of the awards. The
recipients of the scholarships must be residents of the state as
defined for tuition purposes.
(c) Not later than August 31 of each fiscal year, each
institution of higher education that has an unobligated and
unexpended balance in its student deposit fund that exceeds 150
percent of the total deposits to that fund during that year shall
remit to the Texas Higher Education Coordinating Board the amount
of that excess. The coordinating board shall allocate on an
equitable basis amounts received under this subsection to
institutions of higher education that do not have an excess
described by this subsection for deposit in their student deposit
fund. The amount allocated under this subsection may be used only
for making grants under Subchapter M, Chapter 56.
Renumbered from V.T.C.A., Education Code § 51.052 by Acts 1987,
70th Leg., ch. 901, § 4, eff. Aug. 31, 1987. Amended by Acts
1993, 73rd Leg., ch. 595, § 1, eff. Sept. 1, 1993; Acts 1999,
76th Leg., ch. 1590, § 2, eff. June 19, 1999.
§ 54.5022. INVESTMENT OF GENERAL PROPERTY
DEPOSITS. The governing board of each institution of higher
education may invest the funds received as general property
deposits authorized in Section 54.502 of this code in the manner
provided under either Section 51.003 or 51.0031 of this code.
Renumbered from V.T.C.A., Education Code § 51.051 by Acts 1987,
70th Leg., ch. 901, § 5, eff. Aug. 31, 1987. Amended by Acts
1989, 71st Leg., ch. 628, § 3, eff. Aug. 28, 1989.
§ 54.5025. PRORATION OF FEES. Based on the length of
the semester or term for which a student is enrolled, the governing
board of an institution of higher education may prorate the amount
of any fee charged to the student under this chapter.
Added by Acts 1999, 76th Leg., ch. 1053, § 2, eff. June 18, 1999.
§ 54.503. STUDENT SERVICES FEES. (a) For the purposes
of this section:
(1) "Student services" means activities which are
separate and apart from the regularly scheduled academic functions
of the institution and directly involve or benefit students,
including textbook rentals, recreational activities, health and
hospital services, medical services, intramural and
intercollegiate athletics, artists and lecture series, cultural
entertainment series, debating and oratorical activities, student
publications, student government, the student fee advisory
committee, student transportation services other than services
under Sections 54.504, 54.511, 54.512, and 54.513 of this code, and
any other student activities and services specifically authorized
and approved by the governing board of the institution of higher
education. The term does not include services for which a fee is
charged under another section of this code.
(2) "Compulsory fee" means a fee that is charged to all
students enrolled at the institution.
(3) "Voluntary fee" means a fee that is charged only to
those students who make use of the student service for which the fee
is established.
(b) The governing board of an institution of higher
education may charge and collect from students registered at the
institution fees to cover the cost of student services. The fee or
fees may be either voluntary or compulsory as determined by the
governing board. The total of all compulsory student services fees
collected from a student at an institution of higher education
other than The University of Texas at Austin or a component
institution of the University of Houston System for any one
semester or summer session shall not exceed $250. All compulsory
student services fees charged and collected under this section by
the governing board of an institution of higher education, other
than a public junior college, shall be assessed in proportion to the
number of semester credit hours for which a student registers. No
portion of the compulsory fees collected may be expended for
parking facilities or services, except as related to providing
shuttle bus services.
(c) The provisions of this section do not affect the
building use fees or other special fees authorized by the
legislature for any institution for the purpose of financing
revenue bond issues.
(d) All money collected as student services fees shall be
reserved and accounted for in an account or accounts kept separate
and apart from educational and general funds of the institution and
shall be used only for the support of student services. All the
money shall be placed in a depository bank or banks designated by
the governing board and shall be secured as required by law. Each
year the governing board shall approve for the institution a
separate budget for student activities and services financed by
fees authorized in this section. The budget shall show the fees to
be assessed, the purpose or functions to be financed, the estimated
income to be derived, and the proposed expenditures to be made.
Copies of the budgets shall be filed annually with the coordinating
board, the governor, the legislative budget board, and the state
library.
(e) The governing board may waive all or part of any
compulsory fee or fees authorized by this section in the case of any
student for whom the payment of the fee would cause an undue
financial hardship, provided the number of the students does not
exceed 10 percent of the total enrollment. The board may limit
accordingly the participation of a student in the activities
financed by the fee so waived.
(f) If the total compulsory fee charged under this section
is more than $150, the increase does not take effect unless the
increase is approved by a majority vote of the students voting in an
election held for that purpose or by a majority vote of the student
government at the institution. In subsequent years, an election
authorizing a fee increase must be held before the fee can be
increased by more than 10 percent of the fee approved at the last
student election.
(g) If a student registers at more than one institution of
higher education within a college or university system under
concurrent enrollment provisions of joint or cooperative programs
between institutions, the student shall pay all compulsory student
services fees to the institution designated as the home institution
under the joint or cooperative program. The governing board of the
college or university system may waive the payment of all
compulsory student services fees at the other institution or
institutions.
(h) Except for Subsection (g) of this section, this section
does not apply to The University of Texas at Austin or a component
institution of the University of Houston System.
(i) General revenue appropriations, other educational and
general income, and funds appropriated under Article VII, Section
17 or 18, of the Texas Constitution may be expended on a
proportional use basis to support the services, activities, and
facilities provided for in this section to the extent that the use
of such funds is not otherwise restricted by the Texas Constitution
or general law.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1973, 63rd Leg., p. 1759, ch. 641, § 2,
eff. Aug. 27, 1973; Acts 1979, 66th Leg., p. 1872, ch. 756, § 1,
2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 2060, ch. 378, §
2; Acts 1983, 68th Leg., p. 2062, ch. 379, § 1, eff. Aug. 29,
1983; Acts 1987, 70th Leg., ch. 410, § 1, eff. Aug. 31, 1987;
Acts 1987, 70th Leg., ch. 901, § 6, eff. Aug. 31, 1987; Acts
1989, 71st Leg., ch. 584, § 99, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., ch. 844, § 1, eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 848, § 1, eff. Aug. 26, 1991; Acts 1999, 76th Leg., ch.
288, § 1, eff. May 29, 1999; Acts 2001, 77th Leg., ch. 879, §
1, eff. June 14, 2001.
§ 54.5031. STUDENT FEE ADVISORY COMMITTEE. (a) A
student fee advisory committee is established at each institution
of higher education except The University of Texas at Austin to
advise the governing board and administration of the institution on
the type, amount, and expenditure of compulsory fees for student
services under Section 54.503 of this code.
(b) Each committee is composed of the following nine
members:
(1) five student members who are enrolled for not less
than six semester credit hours at the institution and who are
representative of all students enrolled at the institution,
selected under Subsection (c) of this section; and
(2) four members who are representative of the entire
institution, appointed by the president of the institution.
(c) If the institution has a student government, the student
government shall appoint three students to serve two-year terms on
the committee and two students to serve one-year terms on the
committee. If the institution does not have a student government,
the students enrolled at the institution shall elect three students
to serve two-year terms on the committee and two students to serve
one-year terms on the committee. A candidate for a position on the
committee must designate whether the position is for a one-year or
two-year term.
(d) A student member of the committee who withdraws from the
institution must resign from the committee.
(e) A vacancy in an appointive position on the committee
shall be filled for the unexpired portion of the term in the same
manner as the original appointment. A vacancy in an elective
position on the committee shall be filled for the unexpired portion
of the term by appointment by the president of the institution.
(f) The committee shall:
(1) study the type, amount, and expenditure of a
compulsory fee under Section 54.503 of this code; and
(2) meet with appropriate administrators of the
institution, submit a written report on the study under Subdivision
(1) of this subsection, and recommend the type, amount, and
expenditure of a compulsory fee to be charged for the next academic
year.
(g) Before recommending the student fee budget to the
governing board of the institution, the president of the
institution shall consider the report and recommendations of the
committee. If the president's recommendations to the governing
board are substantially different from the committee's
recommendations to the president, the administration of the
institution shall notify the committee not later than the last date
on which the committee may request an appearance at the board
meeting. On request of a member of the committee, the
administration of the institution shall provide the member with a
written report of the president's recommendations to the board.
Added by Acts 1991, 72nd Leg., ch. 844, § 2, eff. Aug. 26, 1991.
§ 54.5035. WAIVER OF FEES. (a) Except as provided by
Subsection (c), the governing board of an institution of higher
education may waive a mandatory or discretionary fee for a student
if the board determines that the student is not reasonably able to
participate in or use the activity, service, or facility for which
the fee is charged.
(b) Except as provided by Subsection (c), the governing
board of an institution of higher education may waive a mandatory or
discretionary fee for a specific category of students if the board
determines that the waiver is in the best interest of the
institution or is critical to the viability of an academic
initiative.
(c) The governing board must ensure that a waiver under this
section does not result in the institution's inability to service a
debt to which revenue from the fee is obligated or to support an
activity, service, or facility for which the fee is charged.
(d) This section does not permit the governing board to
waive payment of tuition or laboratory fees.
(e) The governing board may limit or prohibit a student's
participation in or use of an activity, service, or facility
supported by a fee that is waived for the student under this
section.
Added by Acts 1999, 76th Leg., ch. 367, § 1, eff. Sept. 1, 1999.
§ 54.504. INCIDENTAL FEES. (a) The governing board of
an institution of higher education may fix the rate of incidental
fees to be paid to an institution under its governance by students
and prospective students and may make rules for the collection of
the fees and for the distribution of the funds, such funds to be
accounted for as other designated funds. The rate of an incidental
fee must reasonably reflect the actual cost to the university of the
materials or services for which the fee is collected. In fixing
such rate, the governing board may consult with a student fee
advisory committee which the governing board may establish if such
student committee does not presently exist.
(b) The board shall publish in the general catalog of the
university a description of the amount of each fee to be charged.
(c) In this section, "incidental fees" includes, without
limitation, such fees as late registration fees, library fines,
microfilming fees, thesis or doctoral manuscript reproduction or
filing fees, bad check charges, application processing fees, and
laboratory breakage charges, but does not include a fee for which a
governing board makes a charge under the authority of any other
provision of law.
Added by Acts 1985, 69th Leg., ch. 292, § 1, eff. Aug. 26, 1985.
§ 54.505. VEHICLE REGISTRATION FEES AND OTHER FEES
RELATED TO PARKING AND TRAFFIC. (a) The governing board of each
institution of higher education may charge a reasonable fee to
students, faculty, and staff for registration of a vehicle under
Section 51.202 of this code.
(b) The governing board may fix and collect a reasonable fee
or fees for the provision of facilities and the enforcement and
administration of parking and traffic regulations approved by the
board for an institution; provided, however, that no such fee may
be charged to a student unless the student desires to use the
facilities.
Added by Acts 1979, 66th Leg., p. 146, ch. 78, § 1, eff. April 26,
1979. Amended by Acts 1987, 70th Leg., ch. 901, § 7, eff. Aug.
31, 1987.
§ 54.506. FEES AND CHARGES FOR SERVICES TO THE PUBLIC;
THE UNIVERSITY OF HOUSTON SYSTEM. A schedule of minimum fees and
charges shall be established by the board of regents of the
University of Houston System for services performed by any
department of a component institution for students and the public.
The schedule shall conform to the fees and charges customarily made
for like services in the community. By way of example, but not as a
limitation, are services of the hearing clinic, optometry clinic,
reading clinic, and data processing and computing center.
Renumbered from V.T.C.A., Education Code § 111.40 and amended by
Acts 1987, 70th Leg., ch. 901, § 8, eff. Aug. 31, 1987. Amended
by Acts 1995, 74th Leg., ch. 823, § 6, eff. Aug. 28, 1995.
§ 54.5061. STUDENT SERVICES FEES; THE UNIVERSITY OF
HOUSTON SYSTEM. (a) In this section:
(1) "Student services" includes textbook rentals;
recreational activities; health, hospital, and other medical
services; group hospitalization; intramural and intercollegiate
athletics; artists and lecture series and other cultural
entertainment; debating and oratorical activities; student
publications; student government; student fees advisory
committees; student transportation services; and any other
student activities and services specifically authorized and
approved by the board; provided, however, that nothing herein
shall affect the setting and collection of any other fee which may
be charged under the specific authority of any other section of this
code.
(2) "Compulsory fee" means a fee that is charged to all
students enrolled at the component institution.
(3) "Voluntary fee" means a fee that is charged only to
those students who make use of the student service for which the fee
is established.
(b) Subject to Section 54.5062 of this code and Subsections
(h) and (i) of this section, the Board of Regents of the University
of Houston System may charge and collect from students registered
at each component institution of the University of Houston System
fees to cover the cost of student services that the board considers
necessary or desirable in carrying out the educational functions of
each university. The governing board of the system is not required
to set uniform fees or rates for component institutions.
(c) The board may make fees for a particular student service
voluntary or compulsory.
(d) Any compulsory fees for student services charged under
this section shall be assessed in proportion to the number of
semester credit hours for which a student registers unless the rate
of such fee is specifically established by law or authority and
approval of the board to be a minimum amount to be charged to each
student for any semester or summer term.
(e) Money collected as fees for student services shall be:
(1) reserved and accounted for in an account kept
separate from educational and general funds of the university;
(2) used only for the support of student services;
(3) used only after the compulsory fees to be included
in the student services fees budget have been considered as
provided in this subchapter; and
(4) placed in a depository bank designated by the
board and secured as provided by law.
(f) Each year the board shall approve for each university a
separate budget for student activities and services financed by
fees authorized by this section. The budget shall show the fees to
be assessed, the purpose for which the fees will be used or the
functions to be financed, the estimated income to be derived, and
the proposed expenditures to be made. Copies of the budget shall be
filed annually with the coordinating board, the governor, the
Legislative Budget Board, and the state library.
(g) If payment of any compulsory fees authorized by this
section would cause an undue financial hardship on a student, the
board may waive all or part of the compulsory fees for that student.
The number of students granted a waiver under this subsection may
not exceed 10 percent of the total enrollment of the university.
The board may limit the participation of a student in the activities
financed by the fees waived in proportion to the extent of the
waiver.
(h) If, in an academic year, the total compulsory fees
charged under this section are more than 10 percent higher than the
previous year's compulsory fees, the increase is not effective
unless approved by a majority vote of the students voting in an
election called for that purpose or by a majority vote of the duly
elected student government.
(i) The total of all compulsory fees charged under this
section to students for any semester or summer session may not
exceed $150, unless prior approval has been granted by a majority
vote of the students voting in an election called for that purpose
or by a majority vote of the duly elected student government.
(j) General revenue appropriations, other educational and
general income, and funds appropriated under Article VII, Section
17, of the Texas Constitution, may be expended on a proportional use
basis to support the services, activities, and facilities provided
for in this section to the extent that the use of such funds is not
otherwise restricted by the constitution or general law.
(k) This section does not affect any special fees, including
general use fees, that the legislature has authorized to finance
revenue bond issues or any other fees authorized by law.
Added by Acts 1991, 72nd Leg., ch. 848, § 2, eff. Aug. 26, 1991.
§ 54.5062. STUDENT FEES ADVISORY COMMITTEE; THE
UNIVERSITY OF HOUSTON SYSTEM. (a) A student fees advisory
committee is established at each component institution of the
University of Houston System to advise the board of regents,
presidents, and administration of the University of Houston System
on the type, level, and expenditure of compulsory fees for student
services collected at each component institution of the system
under Section 54.5061 of this code. Each committee is composed of
nine members.
(b) Five of the members of each student fees advisory
committee shall be student members. The student members shall be
generally representative of the student body and be enrolled in not
less than six semester hours at the university. If a student
government exists, the student members shall be selected by the
student government of the university. The student members shall be
selected and designated as appropriate so that three members of the
committee are serving terms of two years, and two members are
serving terms of one year. If a student government does not exist,
the students shall be elected by the students enrolled in the
university. At each election, the appropriate number of students
shall be elected for terms of appropriate length so that three are
serving terms of two years, and two are serving terms of one year.
Candidates shall file for either a one-year or a two-year position.
(c) The four remaining members of the student fees advisory
committee shall be appointed by the president of the university and
shall be generally representative of the total university
community. Each member appointed by the president serves for a term
of one year but may be reappointed.
(d) A student member who ceases to be a student may not
continue to hold a student membership position. If a student
vacancy occurs, the student government shall appoint a new member
to serve for the remainder of the unexpired term. In the absence of
student government or if the vacancy is in a position appointed by
the president, the president of the university shall appoint a new
member to serve for the remainder of the term.
(e) The committee shall conduct appropriate inquiry into
the type, level, and expenditure of any compulsory fees to be
charged under Section 54.5061 of this code and into the expenditure
of money generated from those fees. The committee shall then meet
with appropriate members of the university administration to submit
a report recommending the type, level, and expenditure of
compulsory fees to be charged to students in the academic year
beginning with the following fall semester.
(f) The president shall duly consider the recommendations
of the student fees advisory committee during the annual budgetary
process. If the president's recommendations to the board of
regents are substantially different from those of the student fees
advisory committee, the administration shall so notify the student
fees advisory committee. Such notification shall be in sufficient
time for the committee to request an appearance at the board of
regents meeting during which the president's recommendations will
be considered. The administration shall provide to a student
member designated by the student members of the committee, on that
student member's request, the most recent and complete
recommendations of the president to the board.
Added by Acts 1991, 72nd Leg., ch. 848, § 3, eff. Aug. 26, 1991.
§ 54.507. GROUP HOSPITAL AND MEDICAL SERVICES FEES;
TEXAS A & M UNIVERSITY SYSTEM. (a) The Board of Regents of The
Texas A & M University System may levy and collect from each student
at any institution of higher education which is a part of The Texas
A & M University System a compulsory group hospital and medical
services fee not to exceed $75 for each regular semester and not to
exceed $25 for each term of each summer session. The compulsory
group hospital and medical services fee may not be levied unless the
levy of the fee has been approved by a majority vote of those
students at the affected institution participating in a general
student election called for that purpose.
(b) In addition to the fee authorized under Subsection (a)
of this section, the Board of Regents of The Texas A & M University
System may levy and collect from each student registered at Prairie
View A & M University a supplemental group hospital and medical
services fee not to exceed $30 for each regular semester and not to
exceed $12.50 for each term of the summer session. The supplemental
group hospital and medical services fee may not be levied unless the
levy of the fee has been approved by a majority vote of the students
registered at Prairie View A & M University participating in a
general election called for that purpose.
(c) A fee levied under this section at a component
institution of The Texas A & M University System may be used only to
provide hospital or other medical services to students registered
at that component institution.
(d) If, in an academic year, the total compulsory fee
charged under this section is more than 10 percent higher than the
compulsory fee charged under this section for the previous academic
year, the increase does not take effect unless the increase is
approved by a majority vote of the students voting in an election
held for that purpose.
(e) If, in an academic year, the total compulsory fee
charged under this section is proposed to be increased by an amount
less than 10 percent over that charged in the previous academic
year, the Board of Regents of The Texas A & M University System may,
in lieu of an election, hold a public meeting on the increase prior
to its taking effect in which students have the opportunity to
comment.
(f) An election under this section must also permit the
students to vote on whether hospital and medical services should be
provided to students at the institution by the institution or by a
private entity. The vote by the students on the responsibility for
provision of hospital and medical services to students at the
institution is not binding on the institution.
Added by Acts 1973, 63rd Leg., p. 546, ch. 232, § 1, eff. Aug. 27,
1973. Renumbered from V.T.C.A., Education Code § 86.24 and
amended by Acts 1987, 70th Leg., ch. 901, § 9, eff. Aug. 31,
1987. Amended by Acts 1989, 71st Leg., ch. 914, § 1, eff. June
14, 1989; Acts 1993, 73rd Leg., ch. 990, § 1, eff. June 19, 1993;
Acts 1995, 74th Leg., ch. 757, § 1, eff. June 16, 1995.
§ 54.508. MEDICAL SERVICES FEE; TEXAS TECH UNIVERSITY
SYSTEM COMPONENTS. (a) The board of regents of the Texas Tech
University System may charge each student registered at a component
institution of the Texas Tech University System a medical services
fee not to exceed $100 for each semester of the regular term or
12-week summer session and not to exceed $50 for each six-week or
shorter term of the summer session.
(b) Before charging a medical services fee, the board must
give students and administrators an opportunity to offer
recommendations to the board as to the type and scope of medical
services that should be provided.
(c) A medical services fee charged under this section may be
used only to provide medical services to students enrolled at a
component institution of the Texas Tech University System.
(d) A medical services fee charged under this section is in
addition to any other fee the board is authorized by law to charge.
(e) The board may not increase the amount of the medical
services fee charged at a component institution of the Texas Tech
University System by more than 10 percent from one academic year to
the next unless the increase is approved by a majority of the
students of the institution voting in a general student election
held for that purpose.
Added by Acts 1983, 68th Leg., p. 3860, ch. 608, § 1, eff. June
19, 1983. Renumbered from V.T.C.A., Education Code § 109.52 and
amended by Acts 1987, 70th Leg., ch. 901, § 10, eff. Aug. 31,
1987. Amended by Acts 1991, 72nd Leg., ch. 166, § 1, eff. Aug.
26, 1991; Acts 2001, 77th Leg., ch. 100, § 1, eff. May 11, 2001.
§ 54.5081. MEDICAL SERVICES FEE; UNIVERSITY OF NORTH
TEXAS SYSTEM INSTITUTIONS. (a) The board of regents of the
University of North Texas System may charge each student registered
at a component institution of the University of North Texas System a
medical services fee not to exceed $75 for each semester of the
regular term or 12-week summer session and not to exceed $37.50 for
each six-week or shorter term of the summer session.
(b) Before charging a medical services fee at a component
institution, the board must give students and administrators an
opportunity to offer recommendations to the board as to the type and
scope of medical services that should be provided.
(c) The board may not increase the amount of the medical
services fee charged at a component institution by more than 10
percent from one academic year to the next unless the amount of the
increase is approved by a majority of the students at the
institution voting in a general election held at the institution
for that purpose.
(d) A medical services fee charged at a component
institution of the University of North Texas System under this
section may be used only to provide medical services to students
registered at that component institution.
(e) The fee imposed under this section may not be considered
in determining the maximum student services fee that may be charged
students enrolled at a component institution of the University of
North Texas System under Section 54.503(b).
(f) The maximum fee amounts imposed by Subsection (a) and
the prohibition imposed by Subsection (c) do not apply to the 2001
fall semester. For the 2001 fall semester, the board may not
increase the amount of the medical services fee charged at a
component institution of the University of North Texas System to an
amount more than $30 unless the increase is approved by a majority
of the students at the institution voting in an election held for
that purpose. This subsection expires January 1, 2002.
Added by Acts 1991, 72nd Leg., ch. 856, § 1, eff. Aug. 26, 1991.
Amended by Acts 2001, 77th Leg., ch. 383, § 1, eff. May 28, 2001.
§ 54.5082. MEDICAL SERVICES FEE; MIDWESTERN STATE
UNIVERSITY. (a) The board of regents of Midwestern State
University may charge each student registered at the university a
medical services fee not to exceed $30 for each semester of the
regular term or 12-week summer session and not to exceed $15 for
each six-week or shorter term of the summer session.
(b) The board may not impose a fee under this section or
increase the amount of the fee by more than 10 percent in any
academic year unless the imposition or increase has been approved
by a majority vote of the students at the institution participating
in an election called for that purpose.
(c) Revenue from a fee imposed under this section may be
used only to provide medical services to students at the
university.
(d) A fee imposed under this section is in addition to any
other fee the board is authorized by law to impose.
Added by Acts 1999, 76th Leg., ch. 99, § 1, eff. May 17, 1999.
§ 54.5085. MEDICAL SERVICES FEE; TEXAS WOMAN'S
UNIVERSITY. (a) The board of regents of Texas Woman's University
may charge each student registered at the university a medical
services fee not to exceed $55 for each semester of the regular term
or 12-week summer session and not to exceed $25 for each six-week or
shorter term of the summer session.
(b) Before the board imposes or increases a fee under this
section, the board shall consider the recommendations of a student
fee advisory committee established by the president of the
university. A majority of the members of the advisory committee
must be students appointed by the presiding officer of the student
governing body and the remainder of the members must be appointed by
the president of the university. The board may increase the amount
of the fee by an amount that is more than 10 percent of the amount
imposed in the preceding academic year only if that increase is
approved by a majority vote of those students of the university
participating in a general election called for that purpose.
(c) A medical services fee charged under this section may be
used only to provide medical services to students registered at the
university.
(d) A medical services fee charged under this section is in
addition to any other fee the board is authorized by law to charge.
Added by Acts 1991, 72nd Leg., ch. 844, § 3, eff. Aug. 26, 1991.
Amended by Acts 2001, 77th Leg., ch. 384, § 1, eff. May 28, 2001.
§ 54.5089. MEDICAL SERVICES FEE; TEXAS STATE UNIVERSITY
SYSTEM COMPONENTS. (a) The board of regents of the Texas State
University System may charge each student registered at a component
institution of the Texas State University System a medical services
fee not to exceed $100 for each semester of the regular term or
summer session of 12 weeks or longer and not to exceed $50 for each
summer session of less than 12 weeks.
(b) Before charging a medical services fee, the board must
give students and administrators an opportunity to offer
recommendations to the board as to the type and scope of medical
services that should be provided.
(c) A medical services fee charged at a component
institution of the Texas State University System may be used only to
provide medical services to students registered at that component
institution.
(d) A medical services fee charged under this section is in
addition to any other fee the board is authorized by law to charge
and may not be considered in determining the maximum student
services fee that may be charged students enrolled at a component
institution of the Texas State University System under Section
54.503(b) of this code.
(e) Not more than once in an academic year, the board may
increase the fee authorized by this section. Any increase in the
fee of more than 10 percent must be approved by a majority vote of
those students participating in a general student election called
for that purpose.
Added by Acts 1993, 73rd Leg., ch. 990, § 2, eff. June 19, 1993.
Amended by Acts 2003, 78th Leg., ch. 598, § 1, eff. June 20,
2003.
§ 54.50891. MEDICAL SERVICES FEE; THE UNIVERSITY OF
TEXAS SYSTEM COMPONENTS. (a) The board of regents of The
University of Texas System may charge each student registered at a
component institution of The University of Texas System a medical
services fee not to exceed $55 for each semester or term. If
approved by a majority vote of those students participating in a
general election held at the institution for that purpose, the
maximum amount of the medical services fee that may be charged at a
component institution is increased to the amount stated on the
ballot proposition, not to exceed $75 for each semester or term.
Approval at the election of an increase in the maximum amount of the
fee that may be charged at a component institution does not affect
the application of Subsection (e) to an increase in the amount of
the fee actually charged at that institution from one academic year
to the next.
(b) Before charging a medical services fee, the board must
give students and administrators an opportunity to offer
recommendations to the board as to the type and scope of medical
services that should be provided. Before increasing the amount of
the medical services fee at The University of Texas at Austin, a
medical services fee committee, a majority of the members of which
must be students of the university, must approve the fee increase.
(c) A medical services fee charged at a component
institution of The University of Texas System may be used only to
provide medical services to students registered at that component
institution.
(d) A medical services fee charged under this section is in
addition to any other fee the board is authorized by law to charge
and may not be considered in determining the maximum student
services fee that may be charged students enrolled at a component
institution of The University of Texas System.
(e) The board may not increase the amount of the fee charged
at a component institution of The University of Texas System by more
than 10 percent from one academic year to the next unless the
increase is approved by a majority of the students of the
institution voting in a general election held at the institution
for that purpose.
(f) The board shall prorate the amount of a fee charged to a
student under this section based on the length of the semester or
term for which the student is enrolled.
Added by Acts 1993, 73rd Leg., ch. 990, § 3, eff. June 19, 1993.
Amended by Acts 1999, 76th Leg., ch. 1558, § 2, eff. June 19,
1999.
§ 54.509. STUDENT RECREATION FEE; TEXAS TECH UNIVERSITY
SYSTEM COMPONENTS. (a) If approved by student vote, the board of
regents of the Texas Tech University System may charge each student
enrolled at a component institution of the Texas Tech University
System a recreation fee not to exceed $100 per semester or $50 per
six-week summer term to be used to purchase equipment for and to
operate and maintain the student recreation facilities and programs
at the institution.
(b) The fee may not be increased by more than 10 percent from
one academic year to the next unless the increase is approved by a
majority of students voting on the issue in a general student
election called for that purpose.
(c) The university shall collect the student recreation fee
and shall deposit the money collected in an account known as the
Student Recreation Account.
(d) The student recreation fee is not counted in determining
the maximum student services fee which may be charged under Section
54.503.
Added by Acts 1979, 66th Leg., p. 235, ch. 122, § 1, eff. Aug. 27,
1979. Renumbered from V.T.C.A., Education Code § 109.51 and
amended by Acts 1987, 70th Leg., ch. 901, § 11, eff. Aug. 31,
1987. Amended by Acts 2001, 77th Leg., ch. 100, § 1, eff. May 11,
2001.
§ 54.5091. STUDENT RECREATIONAL FACILITY FEE;
UNIVERSITY OF NORTH TEXAS. (a) If approved by a majority vote of
those students participating in a general election held at the
university for that purpose, the board of regents of the University
of North Texas may impose a recreational facility fee on each
student enrolled in the university in an amount not to exceed $75
per student for each semester of the regular term or 12-week summer
session and not to exceed $37.50 per student for each six-week or
shorter term of the summer session. The fee may be used only for
constructing, operating, maintaining, improving, and equipping a
recreational facility or program at the university.
(b) Revenue from a fee imposed under this section shall be
deposited to the credit of an account known as the "University of
North Texas recreational facility fee account" under the control of
the student fee advisory committee established under Section
54.5031.
(c) The student fee advisory committee annually shall
submit to the board of regents a complete and itemized budget for
the recreational facility with a complete report of all
recreational facility activities conducted during the past year and
all expenditures made in connection with those activities. The
board may make changes in the budget that the board determines are
necessary. After approving the budget, the board, in accordance
with this section, may impose the recreational facility fees for
that year in amounts sufficient to meet the budgetary needs of the
recreational facility. If the budget approved by the board
contains an expenditure for the construction of a facility, the
board may contract for the construction of the facility.
(d) The board may not increase the amount of the
recreational facility fee by more than 10 percent in any academic
year unless the amount of the increase is approved by a majority of
the students participating in a general election held at the
university for that purpose.
(e) A fee imposed under this section is in addition to any
other use or service fee authorized to be imposed.
(f) A fee imposed under this section may not be considered
in determining the maximum student services fees that may be
imposed under Section 54.503(b).
Added by Acts 2001, 77th Leg., ch. 382, § 1, eff. Sept. 1, 2001.
§ 54.510. STUDENT RECREATIONAL SPORTS FEE; THE
UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The
University of Texas System may charge each student enrolled in The
University of Texas at Austin a recreational sports fee not to
exceed $20 a semester or 12-week summer session or $10 a six-week
summer session. The fee may be used only for financing,
constructing, operating, maintaining, and improving recreational
sports facilities and programs at the university.
(b) A fee may not be imposed under this section until the
semester in which a campus recreational sports facility will be
available for use.
(c) The university shall collect any student recreational
sports fee imposed under this section and shall deposit the money
collected in an account to be known as the student recreational
sports account. A recreational sports fee may not be collected
after the 20th anniversary of the date it is first collected, or
after all bonded indebtedness for any campus recreational sports
facility for which the fee receipts are pledged is paid, whichever
is later.
(d) A student recreational sports fee imposed under this
section is not counted in determining the maximum student services
fee which may be charged under Section 54.513 of this subchapter.
Added by Acts 1985, 69th Leg., ch. 239, § 85, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Education Code § 67.213 and amended by
Acts 1987, 70th Leg., ch. 901, § 12, eff. Aug. 31, 1987.
§ 54.511. STUDENT FEES FOR BUS SERVICE; TEXAS STATE
UNIVERSITY SYSTEM. (a) The board of regents of the Texas State
University System may charge each student enrolled at Texas State
University--San Marcos a fee initially set at $10 per semester or $5
per six-week summer term to be used to finance bus service for
students attending the institution.
(b) Not more than once in an academic year, the board may
increase the fee authorized in Subsection (a) of this section for
the purpose of covering increased operating costs of the bus
service. Any increase in the fee must be approved by a majority
vote of those students participating in a general election called
for that purpose. However, the total fee may not exceed $100 per
semester or $50 per summer term of six weeks or less.
(c) The fee for student bus service shall not be counted in
determining the maximum student service fees which may be charged
pursuant to the provisions of Section 54.503 of this code.
(d) The university shall hold in reserve any fee revenue
that exceeds the amount necessary to meet the operating expenses of
the bus service and shall apply that revenue only to future
operating expenses of the bus service.
Added by Acts 1975, 64th Leg., p. 1233, ch. 458, § 1, eff. Sept.
1, 1975. Amended by Acts 1981, 67th Leg., p. 82, ch. 43, § 1.
Renumbered from V.T.C.A., Education Code § 96.42 and amended by
Acts 1987, 70th Leg., ch. 901, § 13, eff. Aug. 31, 1987. Amended
by Acts 1991, 72nd Leg., ch. 289, § 1, eff. Aug. 26, 1991; Acts
1999, 76th Leg., ch. 625, § 1, eff. June 18, 1999; Acts 2003,
78th Leg., ch. 386, § 3, 4, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 598, § 2, 3, eff. June 20, 2003..
§ 54.5111. ENVIRONMENTAL SERVICE FEE; SOUTHWEST TEXAS
STATE UNIVERSITY. (a) The board of regents of the Texas State
University System may charge each student enrolled at Southwest
Texas State University an environmental service fee in an initial
amount not to exceed $1 per semester of the regular term or term of
the summer session. The fee may not be imposed unless approved by a
majority vote of the students at the university voting in an
election held for that purpose at the same time and using the same
ballot as a student government election.
(b) Not more than once in an academic year, the board of
regents may increase the amount of the fee authorized by this
section to cover increased operating costs of environmental
services funded from revenue from the fee. The board may not
increase the amount of the fee unless the increase is approved by a
majority vote of the students at the university voting in an
election held for that purpose in which at least 1,000 students at
the university cast ballots and that is held at the same time and
using the same ballot as a student government election. The total
amount of the increased fee may not exceed:
(1) $6 per student for each regular semester or for
each term of the summer session not covered by Subdivision (2); or
(2) $3 per student for each six-week or shorter term of
the summer session.
(c) A fee imposed under this section may be used only to
provide environmental improvements at the university through
services such as recycling, transportation, employment, product
purchasing, matching funds for grants, planning and maintenance,
and irrigation.
(d) The university may not use revenue from the fee imposed
under this section to reduce or replace other money allocated by the
university for environmental projects.
(e) The university shall retain any fee revenue that exceeds
the amount necessary to cover current operating expenses for
environmental services and any interest generated from that
revenue. The university may use the excess revenue and interest
generated from that revenue only for the purposes provided by
Subsection (c).
Added by Acts 2003, 78th Leg., ch. 1305, § 1, eff. June 21, 2003.
§ 54.512. SHUTTLE BUS FEE; THE UNIVERSITY OF TEXAS AT
ARLINGTON. (a) The board of regents of The University of Texas
System may levy a shuttle bus fee not to exceed $10 per student for
each regular semester and not to exceed $5 per student for each term
of the summer session, for the sole purpose of financing shuttle bus
service for students attending The University of Texas at
Arlington. The fees herein authorized to be levied are in addition
to any use fee or service fee now or hereafter authorized to be
levied. However, no fee may be levied unless the fee is approved by
a majority vote of those students participating in a general
election called for that purpose.
(b) Such fees shall be deposited to an account known as "The
University of Texas at Arlington Shuttle Bus Fee Account" and shall
be expended in accordance with a budget submitted to and approved by
the board of regents. The board of regents shall make such changes
in the budget as it deems necessary before approving the budget, and
shall then levy the fees, within the limits herein fixed, in such
amounts as will be sufficient to meet the budget as approved.
Added by Acts 1977, 65th Leg., p. 833, ch. 309, § 2, eff. Aug. 29,
1977. Renumbered from V.T.C.A., Education Code § 68.05 and
amended by Acts 1987, 70th Leg., ch. 901, § 14, eff. Aug. 31,
1987.
§ 54.5121. INTERCOLLEGIATE ATHLETIC FEE; THE UNIVERSITY
OF TEXAS AT ARLINGTON. (a) The board of regents of The University
of Texas System may impose a mandatory intercollegiate athletics
fee at The University of Texas at Arlington. The amount of the fee
may not exceed $7.75 per semester credit hour for each regular
semester, unless increased as provided by Subsection (b). The fee
may not be imposed unless approved by a majority vote of the
students participating in a general student election held for that
purpose.
(b) The amount of the fee per semester credit hour may be
increased from one academic year to the next only if approved by a
majority vote of the students participating in a general student
election held for that purpose or, if the amount of the increase
does not exceed five percent, by the legislative body of the student
government of the university.
(c) The board of regents may prorate the amount of the fee
for a summer session.
(d) The fee imposed under this section may not be considered
in determining the maximum student services fees that may be
imposed under Section 54.503.
(e) Expired.
Added by Acts 1999, 76th Leg., ch. 525, § 1, eff. June 18, 1999.
§ 54.5122. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF
TEXAS AT ARLINGTON. (a) The board of regents of The University of
Texas System may charge each student enrolled at The University of
Texas at Arlington a recreational facility fee to finance,
construct, renovate, improve, equip, or maintain recreational
facilities or to operate recreational programs at the university.
(b) The fee may not be imposed unless the fee is approved by
a majority vote of the students participating in a general student
election called for that purpose.
(c) The initial amount of a fee imposed under this section
may not exceed:
(1) $9 per student for a regular semester;
(2) $6 per student for a summer session of 10 weeks or
more;
(3) $4 per student for a summer session of eight weeks
or more but less than 10 weeks; and
(4) $3 per student for a summer session of less than
eight weeks.
(d) Subject to Subsection (e), the board of regents may
increase the amount of a fee imposed under this section from one
academic year to the next with the approval of the legislative body
of the student government of The University of Texas at Arlington,
except that an increase in the amount of a fee from one academic
year to the next of more than 10 percent must be approved by a
majority vote of the students voting in a general student election
called for that purpose.
(e) The amount of a fee imposed under this section may not
exceed:
(1) $75 per student for a regular semester;
(2) $50 per student for a summer session of 10 weeks or
more;
(3) $35 per student for a summer session of eight weeks
or more but less than 10 weeks;
(4) $25 per student for a summer session of less than
eight weeks; and
(5) $10 per student for a summer session of less than
three weeks for a student who was not enrolled at the university for
the preceding regular semester.
(f) After approval of the imposition of a fee under this
section at a student election under Subsection (b), the president
of The University of Texas at Arlington shall appoint a
recreational facility student advisory committee. The committee
shall advise the president regarding the administration and
allocation of the revenue from the fee to support recreational
facilities on the university campus.
(g) The board of regents shall deposit the revenue from a
fee imposed under this section in an account known as the
recreational facility fee account.
(h) The board of regents may pledge revenue from a fee
imposed under this section to pay an obligation issued under the
revenue financing system of The University of Texas System.
(i) A fee imposed under this section is not considered in
determining the maximum amount of student services fees that may be
charged at The University of Texas at Arlington under Section
54.503.
(j) The board of regents may permit a person who is not
enrolled at The University of Texas at Arlington to use a facility
financed with revenue from a fee imposed under this section if:
(1) the person's use of the facility will not
materially interfere with the use of the facility by students of the
university;
(2) the person is charged a fee for using the facility
that is not less than the student fee and that is not less than the
direct and indirect cost to the university of providing for the
person's use; and
(3) the person's use will not materially increase the
potential liability of the university.
Added by Acts 2001, 77th Leg., ch. 181, § 1, eff. May 18, 2001.
§ 54.513. STUDENT SERVICE FEES; THE UNIVERSITY OF TEXAS
AT AUSTIN. (a) In this section:
(1) "student services" includes textbook rentals;
recreational activities; health, hospital, and other medical
services; group hospitalization; automobile parking privileges;
intramural and intercollegiate athletics; artists and lecture
series and other cultural entertainment; debating and oratorical
activities; student publications; student government; student
fees advisory committee; student transportation services; and any
other student activities and services specifically authorized and
approved by the board; the term does not include services for which
a fee may be charged under the specific authority of any other
section of this code;
(2) "compulsory fee" means a fee that is charged to all
students enrolled in the university; and
(3) "voluntary fee" means a fee that is charged only to
those students who make use of the student service for which the fee
is established.
(b) Subject to Section 54.514 of this subchapter and
subsections (j) and (k) of this section, the board of regents of The
University of Texas System may charge and collect from students
registered at The University of Texas at Austin fees to cover the
cost of student services that the board considers necessary or
desirable in carrying out the educational functions of the
university.
(c) The board may make fees for a particular student service
voluntary or compulsory.
(d) Except for fees allocated for hospital and health
services, any compulsory fees for student services charged under
this section shall be assessed in proportion to the number of
semester credit hours for which a student registers.
(e) No portion of the compulsory fees collected may be
expended for parking services or facilities except as related to
providing shuttle bus services.
(f) Money collected as fees for student services shall be:
(1) reserved and accounted for in an account kept
separate from educational and general funds of the university;
(2) used only for the support of student services;
(3) used only after the compulsory fees to be included
in the student service fees budget have been considered as provided
by Section 54.514 of this subchapter; and
(4) placed in a depository bank designated by the
board and secured as provided by law.
(g) Each year the board shall approve for the university a
separate budget for student activities and services financed by
fees authorized by this section. The budget must show the fees to
be assessed, the purpose for which the fees will be used or the
functions to be financed, the estimated income to be derived, and
the proposed expenditures to be made. Copies of the budget shall be
filed annually with the coordinating board, the governor, the
Legislative Budget Board, and the state library.
(h) If payment of any compulsory fees authorized by this
section would cause an undue financial hardship on a student, the
board may waive all or part of the compulsory fees for that student.
The number of students granted a waiver under this subsection may
not exceed 10 percent of the total enrollment of the university.
The board may limit the participation of a student in the activities
financed by the fees waived in proportion to the extent of the
waiver.
(i) If the total compulsory fee charged under this section
is more than $150, the increase does not take effect unless the
increase is approved by a majority vote of the students voting in an
election held for that purpose or by a majority vote of the duly
elected student government. In subsequent years, an election
authorizing a fee increase must be held before the fee can be
increased by more than 10 percent of the fee approved at the last
student election.
(j) The total of all compulsory fees charged under this
section to students for any semester or summer session may not
exceed $250.
(k) General revenue funds appropriated for the element of
cost "physical plant operation or maintenance" may be used to
support the services and activities provided for in this section:
(1) if the service or activity supported from the fees
is not intercollegiate athletics or is not also appropriately
classified as any other auxiliary enterprise that charges a fee
directly related to the cost of the service under the criteria
outlined in College and University Business Administration, Fourth
Edition (1982), published by the National Association of College
and University Business Officers; or
(2) when the service or activity takes place in or on a
facility the substantial use of which has been dedicated by the
board for educational and general activities.
(l) This section does not affect any special fees, including
building use fees, that the legislature has authorized to finance
revenue bond issues or any other fees specifically authorized by
law.
Added by Acts 1983, 68th Leg., p. 2055, ch. 378, § 1. Renumbered
from V.T.C.A., Education Code § 67.211 and amended by Acts 1987,
70th Leg., ch. 901, § 15, eff. Aug. 31, 1987. Amended by Acts
1989, 71st Leg., ch. 584, § 107, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 910, § 7; Acts 2001, 77th Leg., ch. 879, § 2,
eff. June 14, 2001.
§ 54.5131. INTERNATIONAL EDUCATION FEE; THE UNIVERSITY
OF TEXAS AT AUSTIN. (a) The board of regents of The University of
Texas System may charge and collect from students registered at The
University of Texas at Austin a fee of $2 if approved by the
students in a student referendum for any semester or summer
session. The fee may be increased to an amount not to exceed $4 if
approved by the students in a student referendum. The fee may be
used only for funding an international education program to be used
to assist students participating in international student exchange
or study programs.
(b) The fund shall be used in accordance with guidelines
jointly developed by The University of Texas at Austin Student
Association and the administration of The University of Texas at
Austin.
(c) The international education financial aid fee imposed
under this section shall not count in determining the maximum
student services fee which may be charged the students of The
University of Texas at Austin under this chapter.
Added by Acts 1989, 71st Leg., ch. 910, § 9. Amended by Acts
1997, 75th Leg., ch. 1073, § 1.10, eff. Aug. 1, 1997.
§ 54.5132. INTERNATIONAL EDUCATION FEE. (a) The
governing board of an institution of higher education, other than
The University of Texas at Austin, may charge and collect from
students registered at the institution a fee in an amount not less
than $1 and not more than $4 for each semester or summer session.
The amount of the fee may be increased only if the increase is
approved by a majority vote of the students at the institution
participating in an election called for that purpose.
(b) Fees collected under this section shall be deposited in
the institution's international education financial aid fund, a
fund outside the state treasury. Money in the fund may be used only
to assist students participating in international student exchange
or study programs.
(c) The international education financial aid fund shall be
used in accordance with guidelines jointly developed by the student
governing body of the institution and the administration of the
institution. If an institution does not have a student governing
body, the president may appoint a committee of students to assist
with the development of the guidelines.
(d) The fee imposed under this section may not be considered
in determining the maximum student services fee that may be charged
students enrolled at the institution under Section 54.503(b) of
this code.
Added by Acts 1991, 72nd Leg., ch. 844, § 4, eff. Aug. 26, 1991.
Amended by Acts 2001, 77th Leg., ch. 1086, § 1, eff. June 15,
2001.
§ 54.5133. MARTIN LUTHER KING, JR., STATUE FEE; THE
UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The
University of Texas System may charge and collect from students
registered at The University of Texas at Austin a fee of $1 for any
semester or summer session. The fee shall be used for funding the
construction of a Martin Luther King, Jr., statue on the campus of
The University of Texas at Austin and to establish Martin Luther
King, Jr., student scholarships.
(b) Any funds raised in excess of the cost of the
construction of the Martin Luther King, Jr., statue shall be used to
establish Martin Luther King, Jr., student scholarships.
(c) The fees collected shall be deposited into the Martin
Luther King, Jr., statue fee account for the purposes outlined in
Subsections (a) and (b).
(d) A fee may not be charged under this section after August
31, 1999.
Added by Acts 1995, 74th Leg., ch. 757, § 2, eff. June 16, 1995.
§ 54.5134. WASHINGTON, D.C., INTERNSHIP EDUCATION
FEE. (a) The governing board of an institution of higher
education may charge and collect from each student registered at
the institution a fee in an amount not to exceed $1 for each
semester or summer session if imposition of the fee is approved by a
majority vote of the students of the institution participating in a
general student election held for that purpose.
(b) The amount of the fee imposed at an institution may be
increased from one academic year to the next by more than 10 percent
only if approved by a majority vote of the students of the
institution participating in a general student election held for
that purpose.
(c) Revenue from a fee imposed under this section shall be
deposited in a fund established by the institution outside the
state treasury and identified as the institution's Washington,
D.C., internship financial aid fund. Money in the fund may be used
only to assist a student participating in a Washington, D.C.,
internship program administered, sponsored, or approved by the
institution.
(d) The fund shall be used in accordance with guidelines
jointly developed by the student governing body of the institution
and the administration of the institution. If the institution does
not have a student governing body, the president may appoint a
committee of students to assist with the development of the
guidelines.
(e) A fee imposed under this section may not be considered
in determining the maximum amount of student services fees that may
be charged a student enrolled at the institution under Section
54.503(b).
Added by Acts 1999, 76th Leg., ch. 1504, § 1, eff. Aug. 30, 1999.
§ 54.5135. BARBARA JORDAN AND CESAR CHAVEZ STATUES FEE;
THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of
The University of Texas System may charge and collect from students
registered at The University of Texas at Austin a fee of $2 for any
semester or summer session. The fee shall be used for funding the
construction of a Barbara Jordan statue and a Cesar Chavez statue on
the campus of The University of Texas at Austin and to establish
Barbara Jordan and Cesar Chavez student scholarships.
(b) The board shall deposit one-half of the revenue
collected from the fee into the Barbara Jordan statue fee account
for the purposes of constructing the Barbara Jordan statue and, if
funds permit, establishing Barbara Jordan student scholarships.
Any funds deposited in the account in excess of the cost of the
construction of the statue shall be used to establish the student
scholarships.
(c) The board shall deposit the remaining revenue collected
from the fee into the Cesar Chavez statue fee account for the
purposes of constructing the Cesar Chavez statue and, if funds
permit, establishing Cesar Chavez student scholarships. Any funds
deposited in the account in excess of the cost of the construction
of the statue shall be used to establish the student scholarships.
(d) A fee may not be charged under this section after August
31, 2007.
Added by Acts 2003, 78th Leg., ch. 1065, § 1, eff. June 20, 2003.
§ 54.514. STUDENT FEES ADVISORY COMMITTEE; THE
UNIVERSITY OF TEXAS AT AUSTIN. (a) The student fees advisory
committee is established to advise the administration of The
University of Texas at Austin on the type, level, and expenditure of
compulsory fees for student services collected at the university
under Section 54.513 of this subchapter. The administration may
also ask the student fees advisory committee to advise the
administration of the university on the type, level, and
expenditure of voluntary fees for student services collected at the
university under Section 54.513 of this subchapter. The committee
is composed of nine members.
(b) Five of the members of the student fees advisory
committee must be student members. The student members must be
students who are enrolled in not less than six semester hours at the
university and who are generally representative of the student
body. If a student government exists, the student members shall be
selected by the student government of the university. The student
members shall be selected and designated as appropriate so that
three student members on the committee are serving terms of two
years, and two student members are serving terms of one year. If a
student government does not exist, the students shall be elected by
the students enrolled in the university voting in an election held
for that purpose. At each election, the appropriate number of
students shall be elected for terms of appropriate length so that
three student members on the committee are serving terms of two
years, and two student members are serving terms of one year. At an
election at which three students are being elected for terms of two
years and two students are being elected for terms of one year, each
candidate must file for a one-year or two-year position.
(c) The four remaining members of the student fees advisory
committee shall be appointed by the president of the university and
shall be generally representative of the total university
community. Each nonstudent member of the committee serves for a
term of one year but may be reappointed.
(d) A student member who ceases to be a student may not
continue to hold a student membership position. If a student
vacancy occurs, the student government shall appoint a new member
to serve for the remainder of the unexpired term. In the absence of
student government or if the vacancy is in a nonstudent position,
the president of the university shall appoint a new member to serve
for the remainder of the unexpired term.
(e) The committee shall conduct appropriate inquiry into
the type, level, and expenditure of any compulsory fees to be
charged under Section 54.513 of this subchapter and on the
expenditure of money generated from those fees. Following the
committee's inquiries, the committee and the appropriate members of
the university administration shall meet, and at the meeting the
committee shall submit to the administration a statement
recommending the type, level, and expenditure of compulsory fees to
be charged to students in the academic year beginning with the
following fall semester.
(f) The president shall duly consider the recommendations
of the student fees advisory committee in his recommendations to
the board of regents of The University of Texas System which
recommendations shall be submitted to the board during the annual
budgetary process. If the president's recommendations to be made
to the board are substantially different from those of the student
fees advisory committee to the administration, the administration
shall so notify the student fees advisory committee in sufficient
time for the committee to request time for an appearance on the
regents' agenda for the meeting at which the board will consider the
president's recommendations. The administration shall provide to a
student member designated by the student members of the committee,
upon that student member's request, the most recent and complete
recommendations of the president to the board.
(g) In addition to selecting the student members of the
student fees advisory committee, the student government, if one
exists, is entitled to select the student members of the university
parking and traffic policies committee established by the president
of the university. The university parking and traffic policies
committee shall provide copies of any recommendations it makes
concerning the setting of student parking fees to the student fees
advisory committee. The student fees advisory committee may make
such comments and recommendations to the administration on the
recommendations of the university parking and traffic policies
committee as it may wish.
Added by Acts 1983, 68th Leg., p. 2055, ch. 378, § 1. Renumbered
from V.T.C.A., Education Code § 67.212 and amended by Acts 1987,
70th Leg., ch. 901, § 16, eff. Aug. 31, 1987.
§ 54.515. STUDENT UNION FEE. (a) The governing board
of each institution of higher education may charge each student
registered at the institution a student union fee not to exceed $20
for each regular semester and not to exceed $10 for each term of the
summer session for the sole purpose of financing, constructing,
operating, maintaining, and improving a student union building.
The fee may not be imposed, and may not be increased above $10 for
each regular semester and $5 for each term of the summer session,
unless the imposition or increase is approved by a majority vote of
those students participating in a general election. The fees
authorized by this section are in addition to any other use or
service fee authorized by law to be charged and collected by the
institution.
(b) The fees collected under Subsection (a) of this section
shall be deposited in a designated account and shall be placed under
the control of and subject to the order of a student advisory
committee. The student advisory committee annually shall submit to
the governing board of the institution a complete and itemized
budget to be accompanied by a full and complete report of all
activities conducted during the previous fiscal year and all
related expenditures made during that year. The governing board
shall make any changes in the budget as it considers necessary
before approving the budget and shall charge and collect the fees as
provided by this section in amounts sufficient to meet the
budgetary needs of the student union building and within the limits
authorized by this section.
Added by Acts 1987, 70th Leg., ch. 901, § 17, eff. Aug. 31, 1987.
§ 54.518. UNIVERSITY CENTER FEE; MIDWESTERN STATE
UNIVERSITY. (a) To the extent approved by the students under
Subsection (b) of this section, the Board of Regents of Midwestern
State University is hereby authorized to levy a regular, fixed
student fee not to exceed $15 per student for each semester of the
long session and not to exceed $7.50 per student for all or part of
each term of the summer session for the purpose of operating,
maintaining, improving, equipping, and financing the university
center and acquiring or constructing additions to the center. The
amount of the fee may be changed at any time within the limits
specified in order to provide sufficient funds to support the
university center. The fees authorized in this section supplement
any other use or service fee authorized by law.
(b) The decision to levy such a fee, the amount of the
initial fee, and any increase in the fee must be approved by a
majority vote of those students participating in a general election
called for that purpose.
(c) The chief fiscal officer of the university shall collect
the fees provided for in this section and shall credit the money
received from the fees to an account known as the University Center
Administration and Program Fund.
Added by Acts 1979, 66th Leg., p. 793, ch. 354, § 1, eff. June 6,
1979. Renumbered from V.T.C.A., Education Code § 103.11 and
amended by Acts 1987, 70th Leg., ch. 901, § 20, eff. Aug. 31,
1987.
§ 54.519. STUDENT UNION FEE; NORTH TEXAS STATE
UNIVERSITY. (a) The board of regents of North Texas State
University may levy a regular, fixed student fee against each
student enrolled in that institution, as may in their discretion be
just and necessary for the purpose of operating, maintaining,
improving, and equipping the student union and acquiring or
constructing additions thereto; provided, however, that the
student body must approve each increase of said fee in excess of $3
per student for each fiscal year, at an election called for that
purpose by the board. Notice of an election shall be given by
publication of a substantial copy of the resolution or order of the
board calling the election and showing the amount of the increased
fee and the purpose for which it is to be used. The notice shall be
published in The North Texas Daily or in any other student newspaper
having general circulation among the student body for three
consecutive days of the week immediately preceding the date set for
the election. The board shall canvass the returns and declare the
results of the election, and if a majority of the students voting in
the election vote in favor of the increase, then the board may levy
the fee in an amount not in excess of the amount authorized at the
election.
(b) The activities of the student union financed in whole or
in part by the student union fee shall be limited to those
activities in which the entire student body is eligible to
participate and in no event may any of the activities so financed be
held outside of the territorial limits of the campus of the
University of North Texas.
(c) The fiscal officer of the University of North Texas
shall collect the fees provided for in Subsection (a) of this
section and shall credit the money received from those fees to an
account known as the student union fee account.
(d) The money thus collected and placed in the student union
fee account shall be used for the purpose of operating and
maintaining and improving the student union and shall be placed
under the control of and subject to the order of the board of
directors of the student union, which board of directors shall
annually submit a complete and itemized budget to be accompanied by
a full and complete report of all activities conducted during the
past year and all expenditures made incident thereto. The board of
regents shall make such changes in the budget as it deems necessary
before approving it, and shall then levy the student fees under the
provisions of Subsection (a) of this section in such amounts as will
be sufficient to meet the budgetary needs of the student union,
within the statutory limits fixed in this section.
Added by Acts 1971, 62nd Leg., p. 3336, ch. 1024, art. 2, § 3,
eff. Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 790, §
1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1070, § 9, eff.
May 15, 1988. Renumbered from V.T.C.A., Education Code § 105.43
and amended by Acts 1987, 70th Leg., ch. 901, § 21, eff. Aug. 31,
1987.
§ 54.520. UNIVERSITY CENTER STUDENT FEE; STEPHEN F.
AUSTIN STATE UNIVERSITY. (a) To the extent approved by the
students under Subsection (b), the board of regents of Stephen F.
Austin State University may charge each student enrolled in one or
more courses conducted by the university a fee in the amount of $9
for each semester credit hour, in a total amount of at least $35 but
not to exceed $85 per student for each semester or summer session,
for the purpose of acquiring, constructing, renovating, operating,
maintaining, improving, equipping, and financing a university
center or additions to the center. The fees authorized in this
section supplement any other use or service fee authorized by law.
(b) The decision to levy a fee under this section must be
approved by a majority vote of those students participating in a
general election called for that purpose.
(c) The chief fiscal officer of the university shall collect
the fees provided for in this section and shall credit the money
received from the fees to an account known as the university center
administration and program fund.
Added by Acts 1979, 66th Leg., p. 734, ch. 326, § 1, eff. June 6,
1979. Renumbered from V.T.C.A., Education Code § 101.42 and
amended by Acts 1987, 70th Leg., ch. 901, § 22, eff. Aug. 31,
1987; Amended by Acts 2003, 78th Leg., ch. 475, § 1, eff. June
20, 2003.
§ 54.521. STUDENT CENTER COMPLEX FEES; TEXAS A & M
UNIVERSITY SYSTEM. (a) The board of regents of The Texas A&M
University System may levy a regular, fixed student fee on each
student enrolled in an educational institution within The Texas A&M
University System for the purpose of producing revenue for
operating, maintaining, improving, and equipping the institution's
student center complex and acquiring or constructing additions to
the complex. The board may set fees in amounts it considers just
and necessary but not to exceed $100 per student for each semester
for the long session and not to exceed $50 per student for each term
of the summer session, or any fractional part of a session. The
activities of the student center complex that may be financed in
whole or in part by the student center complex fee are limited to
those activities in which the entire student body is eligible to
participate. The financed activities may not be held outside the
territorial limits of any educational institution within The Texas
A&M University System.
(b) The comptroller of each institution shall collect the
fees levied under Subsection (a) of this section and shall credit
the money received from the fees to an account known as the student
center complex fee account.
(c) The money collected and placed in the student center
complex fee account may be used only for the purposes provided by
Subsection (a) of this section. A complete and itemized budget
shall be submitted to the board annually and must be accompanied by
a full and complete report of all activities conducted during the
past year and all expenditures made incident to the activities. The
board shall make changes in the budget it considers necessary
before approving the budget, and shall then levy the fees in amounts
sufficient to meet the budgetary needs of the center, within the
limits fixed by this section.
(d) The decision to levy a student center complex fee and
the amount of the initial fee must be approved by a majority vote of
those students participating in a general election called for that
purpose.
(e) The fee authorized by this section may not be increased
from one academic year to the next unless the increase has been
approved by a majority vote of the students at the affected
institution participating in a general election called for that
purpose. The fee may not exceed the maximum amounts provided by
Subsection (a).
(f) The president of each institution in the system shall
establish a formal system for soliciting and receiving student
comment with respect to matters of construction and operation of a
facility or program financed by a fee charged under this section.
Added by Acts 1983, 68th Leg., p. 5008, ch. 899, § 1, eff. June
19, 1983. Renumbered from V.T.C.A., Education Code § 85.30 and
amended by Acts 1987, 70th Leg., ch. 901, § 23, eff. Aug. 31,
1987. Amended by Acts 1991, 72nd Leg., ch. 281, § 1, eff. Aug.
26, 1991; Acts 1997, 75th Leg., ch. 546, § 1, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 826, § 1, eff. June 14, 2001.
§ 54.522. STUDENT CENTER FEES; TEXAS SOUTHERN
UNIVERSITY. (a) The board of regents of Texas Southern
University may levy and collect a student fee not to exceed $35 per
student for each semester of the long session and not to exceed
$17.50 per student for each term of the summer session, from each
student enrolled in Texas Southern University, as may in its
discretion be just and necessary for the purpose of operating,
maintaining, improving, and equipping the student center and
acquiring or constructing additions to the student center. A fee
collected under this section is in addition to any other use or
service fee authorized to be levied.
(b) The fees collected under this section shall be deposited
to the credit of an account known as the "Texas Southern University
Student Center Fee Account" and shall be under the control of the
student fee advisory committee established under Section 54.5031.
(c) The student fee advisory committee annually shall
submit to the board of regents a complete and itemized budget for
the student center with a complete report of all student center
activities conducted during the past year and all expenditures made
in connection with those activities. The board of regents may make
changes in the budget that the board determines are necessary.
After approving the budget, the board of regents, in accordance
with this section, may levy the student center fees for that year in
amounts sufficient to meet the budgetary needs of the student
center.
(d) The board may not increase the amount of the student
center fee by more than 10 percent in any academic year unless the
amount of the increase is approved by a majority of the students
voting in an election held for that purpose or by a majority of the
student government of the institution.
(e) A fee levied under this section may not be considered in
determining the maximum student services fee that may be charged
under Section 54.503(b).
Added by Acts 1977, 65th Leg., p. 2206, ch. 869, § 2, eff. Aug.
29, 1977. Renumbered from V.T.C.A., Education Code § 106.37 and
amended by Acts 1987, 70th Leg., ch. 901, § 24, eff. Aug. 31,
1987. Amended by Acts 1989, 71st Leg., 1st C.S., ch. 38, § 1,
eff. Oct. 18, 1989; Acts 1997, 75th Leg., ch. 542, § 1, eff. May
31, 1997.
§ 54.5221. RECREATIONAL FACILITY FEE; TEXAS SOUTHERN
UNIVERSITY. (a) The board of regents of Texas Southern
University may levy and collect a recreational facility fee not to
exceed $50 per student for each semester of the regular term or the
summer session from each student enrolled in Texas Southern
University, for the sole purpose of constructing, operating,
maintaining, improving, and equipping a recreational facility or
program at the institution. A fee collected under this section is
in addition to any other use or service fee authorized to be levied.
(b) The fees collected under this section shall be deposited
to the credit of an account known as the "Texas Southern University
recreational facility fee account" and shall be under the control
of the student fee advisory committee established under Section
54.5031.
(c) The student fee advisory committee annually shall
submit to the board of regents a complete and itemized budget for
the recreational facility with a complete report of all
recreational facility activities conducted during the past year and
all expenditures made in connection with those activities. The
board of regents may make changes in the budget that the board
determines are necessary. After approving the budget, the board of
regents, in accordance with this section, may levy the recreational
facility fees for that year in amounts sufficient to meet the
budgetary needs of the recreational facility. If the budget
approved by the board contains an expenditure for the construction
of a facility, the board may contract for the construction of the
facility.
(d) The board may not increase the amount of the
recreational facility fee by more than 10 percent in any academic
year unless the amount of the increase is approved by a majority of
the students voting in an election held for that purpose or by a
majority of the student government of the institution.
(e) A fee levied under this section may not be considered in
determining the maximum student services fee that may be charged
under Section 54.503(b).
Added by Acts 1997, 75th Leg., ch. 586, § 1, eff. June 2, 1997.
§ 54.5222. MEDICAL SERVICES FEE; TEXAS SOUTHERN
UNIVERSITY. (a) The board of regents of Texas Southern
University may levy and collect a medical services fee not to exceed
$35 per student for each semester of the regular term or $17.50 for
each term of the summer session from each student enrolled in Texas
Southern University for the sole purpose of operating, maintaining,
improving, and equipping a medical service facility at the
university, acquiring and constructing additions to the medical
service facility, and providing medical services to students
registered at the university. A fee collected under this section is
in addition to any other use or service fee authorized to be levied.
(b) The fees collected under this section shall be deposited
to the credit of an account known as the "Texas Southern University
Medical Services Fee Account" and shall be under the control of the
student fee advisory committee established under Section 54.5031.
(c) The student fee advisory committee annually shall
submit to the board of regents a complete and itemized budget for
the medical service facility with a complete report of all medical
service activities conducted during the past year and all
expenditures made in connection with those activities. The board
of regents may make changes in the budget that the board determines
are necessary. After approving the budget, the board of regents, in
accordance with this section, may levy a medical services fee for
that year in amounts sufficient to meet the budgetary needs of the
medical service facility. If the budget approved by the board
contains an expenditure for the construction of a facility, the
board may contract for the construction of the facility.
(d) The board may not increase the amount of the medical
services fee by more than 10 percent in any academic year unless the
amount of the increase is approved by a majority of the students
voting in an election held for that purpose or by a majority of the
student government of the institution.
(e) A fee levied under this section may not be considered in
determining the maximum student services fee that may be charged
under Section 54.503(b).
(f) Before a fee is initially charged under this section and
at other times as determined by the board of regents, the board
shall provide students at the institution and employees of the
institution an opportunity to make recommendations to the board
about the type of or scope of services the medical facility should
offer.
Added by Acts 1997, 75th Leg., ch. 544, § 1, eff. May 31, 1997.
§ 54.523. STUDENT CENTER FEES; TEXAS STATE UNIVERSITY
SYSTEM. (a) To the extent approved by the students under
Subsection (b) of this section, the board of regents of the Texas
State University System may charge each student enrolled in a
university or educational center under its authority a student
center fee not to exceed $100 per semester or $50 per summer term of
six weeks or less to be used to construct, operate, maintain,
improve, and program a student center at the university or
educational center at which the student is enrolled.
(b) The decision to levy a student center fee, the amount of
the initial fee, and an increase in the fee must be approved by a
majority vote of those students participating in a general election
called for that purpose; provided that this requirement shall not
apply to the decision to levy a student center fee or the amount of
the initial fee approved by the board prior to the effective date of
this section.
(c) The chief fiscal officer of each university operating a
student center, either on its central campus or at an educational
center of the university, shall collect the student center fee and
shall deposit the money received into an account known as the
student center account.
(d) The university shall hold in reserve any fee revenue
that exceeds the amount necessary to construct, operate, maintain,
improve, and program the student center. The university may use the
fee revenue held in reserve only for future expenses of
constructing, operating, maintaining, improving, or programming
the student center.
(e) The board may charge a student center fee under this
section at Lamar University or an educational center of Lamar
University in the amount charged at the appropriate institution in
the 1994-1995 academic year under former Section 54.517 or 108.361
as approved by a majority of the students of the institution voting
in an election called for that purpose, as if the fee had been
approved by a majority vote of the students under this section.
Revenue from the fee charged under this section at an educational
center of Lamar University may be used to pay the principal of and
interest on revenue bonds issued under former Section 108.361 for
the purpose of constructing a student center at the educational
center.
Added by Acts 1981, 67th Leg., p. 1812, ch. 401, § 1, eff. June
11, 1981. Renumbered from V.T.C.A., Education Code § 95.35 and
amended by Acts 1987, 70th Leg., ch. 901, § 25, eff. Aug. 31,
1987. Amended by Acts 1991, 72nd Leg., ch. 156, § 1, eff. May 22,
1991; Acts 1995, 74th Leg., ch. 1061, § 8, 12(3), eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 598, § 4, eff. June 20, 2003.
§ 54.524. STUDENT FEES FOR UNIVERSITY CENTER; TEXAS
TECH UNIVERSITY. (a) The board of regents of Texas Tech
University may levy a regular fixed student fee not to exceed $50
per student for each semester of the long session and not to exceed
$25 per student for each term of the summer session, or any
fractional part thereof, as may in their discretion be just and
necessary for the sole purpose of operating, maintaining, and
improving the University Center. If approved by a majority vote of
those students participating in a general election held at the
university for that purpose, the maximum amount of the fee that may
be charged at the university is increased to the amount stated on
the ballot proposition, not to exceed $100 for each semester or
term. Approval as required by this subsection of an increase in the
maximum amount of the fee that may be charged does not affect the
application of this subsection to an increase in the amount of the
fee actually charged from one academic year to the next. The amount
of the fee may be changed at any time within the limits specified by
this subsection in order to provide sufficient funds to support the
center, but any increase in the fee of more than 10 percent from one
academic year to the next must be approved by a majority vote of
those students participating in a general election called for that
purpose or by a majority vote of the student government.
(b) The director of accounting and finance of the university
shall collect the fees provided for in Subsection (a) of this
section and shall credit the money received from the fees to an
account known as the University Center account.
(c) The funds in the University Center account shall be used
for the purpose of operating, maintaining, and improving the center
and shall be placed under the control of and subject to the order of
the board of directors of the University Center. The board of
directors shall annually submit a complete and itemized budget
accompanied by a full and complete report of all activities
conducted during the year and all expenditures made incident
thereto. The board of regents shall make such changes in the budget
as it deems necessary before approving it, and shall then levy the
student fees in an amount sufficient to meet the budgetary needs of
the center within the limits set in Subsection (a) of this section.
Added by Acts 1975, 65th Leg., p. 461, ch. 196, § 1, eff. May 13,
1975. Amended by Acts 1981, 67th Leg., p. 76, ch. 37, § 1, eff.
April 15, 1981. Renumbered from V.T.C.A., Education Code §
109.50 and amended by Acts 1987, 70th Leg., ch. 901, § 26, eff.
Aug. 31, 1987. Amended by Acts 1995, 74th Leg., ch. 446, § 1,
eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 757, § 3, eff. June
16, 1995; Acts 1999, 76th Leg., ch. 1513, § 1, eff. June 19,
1999.
§ 54.5241. STUDENT UNION FEES; TEXAS TECH UNIVERSITY
SYSTEM. (a) The board of regents of the Texas Tech University
System may impose a fee in a fixed amount on each student enrolled
in a component institution of the Texas Tech University System for
the purpose of providing revenue for financing, operating,
maintaining, improving, and equipping student union facilities or
for acquiring or constructing additions to those facilities.
(b) The board of regents may change the amount of the fee
imposed at an institution as necessary to provide sufficient funds
for the student union but may not increase the amount of the fee by
more than 10 percent unless the amount of the increase is approved
by:
(1) a majority of the students of the institution
voting in a general student election held for that purpose; or
(2) a majority vote of the legislative body of the
student government of the institution.
(c) The board of regents may prorate the amount of the fee
imposed at an institution based on the length of the semester or
term for which a student enrolls.
(d) The fiscal officer of each institution shall collect the
fees imposed under this section at the institution and shall credit
the money received from the fees to an account known as the student
union account. The money in the account may be used only for the
purposes provided by Subsection (a) and shall be placed under the
control of and subject to the order of the advisory board of the
institution's student union. The advisory board shall annually
submit a complete and itemized budget accompanied by a full and
complete report of all activities conducted during the year and all
expenditures made in connection with those activities. The board
of regents shall make the changes in the budget as the board of
regents considers necessary before approving the budget and shall
impose the fees in an amount sufficient to meet the budgetary needs
of the student union, subject to Subsection (b).
(e) The board of regents may pledge the fees imposed under
this section to pay obligations issued for authorized purposes
pursuant to the revenue financing system of the Texas Tech
University System.
(f) Student union fees imposed under this section are in
addition to any other fee the board of regents is authorized by law
to impose and may not be considered in determining the maximum
student services fee that may be imposed under Section 54.503(b).
Added by Acts 2003, 78th Leg., ch. 945, § 1, eff. Sept. 1, 2003.
§ 54.525. FEES FOR STUDENT CENTERS; TEXAS WOMAN'S
UNIVERSITY. (a) The board of regents of Texas Woman's University
may levy a regular, fixed student fee of not less than $25 or more
than $40 per student for each semester of the long session and of
not less than $12.50 or more than $20 per student for each term of
the summer session, as the board determines is just and necessary
for the purpose of financing, improving, operating, maintaining,
and equipping student centers and acquiring or constructing
additions to student centers.
(b) The board may increase a student fee levied under this
section. If the increase is for more than $3 per fiscal year, a
majority of the students voting in an election called for that
purpose must approve the increase.
(c) The board shall keep fees collected under this section
in an account apart from the educational and general funds of the
university. The board shall deposit the fees in a depository bank
designated by the board and shall secure the deposits as required by
law.
Added by Acts 1985, 69th Leg., ch. 239, § 87, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Education Code § 107.47 and amended by
Acts 1987, 70th Leg., ch. 901, § 27, eff. Aug. 31, 1987. Amended
by Acts 1999, 76th Leg., ch. 1361, § 1, eff. June 19, 1999.
§ 54.526. STUDENT FEES FOR UNIVERSITY CENTERS; THE
UNIVERSITY OF HOUSTON. (a) The board of regents of the University
of Houston System may levy a student union fee, not to exceed $35
per student for each regular semester and not to exceed $17.50 per
student for each term of the summer session. The sole purpose of
the fee is financing, constructing, operating, maintaining, and
improving a Student Union Building for the University of Houston.
The fees herein authorized to be levied are in addition to any use
or service fee now or hereafter authorized to be levied.
(b) Such fees shall be deposited to an account known as "The
University of Houston Center Fee Account" and shall be placed under
the control of and subject to the order of the student fees advisory
committee established under Section 54.5062. The committee shall
annually submit to the president of the University of Houston a
complete and itemized budget to be accompanied by a full and
complete report of all activities conducted during the past year
and all expenditures made incident thereto. The board of regents
shall make such changes in the budget as it deems necessary before
approving the budget. The board shall then levy the fees, within
the limits herein fixed, in such amounts as will be sufficient to
meet the budgetary needs of the University Center Building. An
increase in the fee from one academic year to the next must be
approved by a majority vote of the students voting in an election
called for that purpose or by a majority vote of the student
government. Expenditures from "The University of Houston Center
Fee Account" shall be made solely for the purposes set forth in this
section, and in compliance with the budget approved by the board of
regents.
Added by Acts 1977, 65th Leg., p. 1473, ch. 597, § 1, eff. Aug.
29, 1977. Renumbered from V.T.C.A., Education Code § 111.42 and
amended by Acts 1987, 70th Leg., ch. 901, § 28, eff. Aug. 31,
1987. Amended by Acts 1991, 72nd Leg., ch. 105, § 2, eff. Aug.
26, 1991; Acts 1995, 74th Leg., ch. 73, § 1, eff. May 11, 1995.
§ 54.527. STUDENT FEES FOR UNIVERSITY CENTER FACILITIES;
THE UNIVERSITY OF HOUSTON-DOWNTOWN COLLEGE. (a) The board of
regents of the University of Houston System may levy a university
center fee in an amount not to initially exceed $15 per student
enrolled for five semester credit hours or less and $25 per student
enrolled for six semester credit hours or more for each regular
semester, and not to initially exceed $15 per student enrolled for
each summer session. This fee may be used for the purpose of
financing, construction, operating, maintaining, and improving
facilities for university center activities, wherever located on
the campus of the University of Houston-Downtown College. This fee
may be levied in addition to any other use or service fee.
(b) The university center fee may be increased by the board
of regents only on an affirmative vote of a majority of the student
body voting at the University of Houston-Downtown College.
(c) The business officer of the University of
Houston-Downtown College shall collect the university center fees
and deposit the fees to the credit of an account known as the
University Center Fee Account.
(d) The money deposited to the credit of the University
Center Fee Account shall be used for the purposes authorized in
Subsection (a) of this section. A complete and itemized budget
shall be submitted annually and accompanied by a full and complete
report of all activities conducted during the past year and all
expenditures incident to those activities. The board of regents
shall make changes in the budget that it considers necessary.
Added by Acts 1983, 68th Leg., p. 5102, ch. 928, § 1, eff. June
19, 1983. Renumbered from V.T.C.A., Education Code § 111.94 and
amended by Acts 1987, 70th Leg., ch. 901, § 29, eff. Aug. 31,
1987.
§ 54.528. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF
HOUSTON. (a) The board of regents of the University of Houston
System may charge each student enrolled at the University of
Houston a recreational and wellness facility fee to finance,
construct, operate, maintain, or improve student wellness and
recreational facilities at the university. The initial amount of
the fee may not exceed $75 for each semester of the regular term or
for each summer session. The board may prorate the amount of the
fee for a summer session.
(b) The fee may not be imposed unless the fee is approved by
a majority vote of those students participating in a general
student election called for that purpose. The fee may not be
imposed in a semester or session before the first semester or
session in which a wellness and recreational facility is available
for use.
(c) The board may increase the amount of the fee, but may not
increase the amount by more than 10 percent from one academic year
to the next unless the increase is approved by a majority vote of
those students voting in a general student election called for that
purpose.
(d) The board shall deposit the revenue from the fee in an
account known as the recreational and wellness facility account.
(e) The board may pledge revenue from the fee to pay
obligations issued pursuant to the revenue financing system of the
University of Houston System.
(f) A fee imposed under this section may not be considered
in determining the maximum amount of student services fees that may
be charged under Section 54.503.
(g) The board may permit a person who is not enrolled at the
University of Houston to use a facility financed with revenue from a
fee imposed under this section if:
(1) the person's use of the facility will not
materially interfere with student demand or use;
(2) the person is charged a fee that is not less than
the student fee and that is not less than the direct and indirect
cost to the university of providing for the person's use; and
(3) the person's use will not materially increase the
potential liability of the university.
Added by Acts 1999, 76th Leg., ch. 221, § 1, eff. May 24, 1999.
§ 54.529. STUDENT UNION FEE; THE UNIVERSITY OF TEXAS AT
ARLINGTON. (a) The board of regents of The University of Texas
System may levy a student union fee not to exceed $39 per student
for each regular semester and not to exceed $19.50 per student for
each term of the summer session, for the sole purpose of financing,
constructing, operating, maintaining, and improving the Student
Union Building for The University of Texas at Arlington; provided,
however, that the fee may not be increased above $15 per student for
each regular semester and $7.50 per student for each term of the
summer session unless the increase is approved by a majority vote of
those students participating in a general election. The fees
herein authorized to be levied are in addition to any use or service
fee now or hereafter authorized to be levied.
(b) Such fees shall be deposited to an account known as "The
University of Texas at Arlington Student Union Fee Account" and
shall be placed under the control of and subject to the order of the
Student Union Advisory Committee. The committee shall annually
submit to the president of The University of Texas at Arlington a
complete and itemized budget to be accompanied by a full and
complete report of all activities conducted during the past year
and all expenditures made incident thereto. The president shall
submit the budget to the board of regents as part of the
institutional budget. The board of regents shall make such changes
in the budget as it deems necessary before approving the budget, and
shall then levy the fees, within the limits herein fixed, in such
amounts as will be sufficient to meet the budgetary needs of the
student union building.
Added by Acts 1977, 65th Leg., p. 832, ch. 309, § 1, eff. Aug. 29,
1977. Amended by Acts 1983, 68th Leg., p. 890, ch. 209, § 1, eff.
Aug. 29, 1983. Renumbered from V.T.C.A., Education Code § 68.04
and amended by Acts 1987, 70th Leg., ch. 901, § 31, eff. Aug. 31,
1987. Amended by Acts 1989, 71st Leg., ch. 910, § 1.
§ 54.530. STUDENT UNION FEES; THE UNIVERSITY OF TEXAS AT
AUSTIN. (a) The board of regents of The University of Texas
System may levy and collect from each student a compulsory fee for
operating, maintaining, improving, equipping, and/or constructing
additions to the existing Texas Union building near Guadalupe
Street. Unless the board increases the amount as provided by this
subsection, the fee may not exceed $33 for each regular semester and
$16.50 for each term of each summer session. The money collected
from the fees shall be deposited to an account known as the Texas
Union Fee Account. With the concurrence of the student fees
advisory committee, the board may increase the amount of the fee to
an amount that is not more than 10 percent of the amount imposed in
the preceding academic year. The board may increase the amount of
the fee to an amount that is more than 10 percent of the amount
imposed in the preceding academic year if that increase in the fee
is approved by a majority vote of those students participating in a
general election called for that purpose. However, the board may
not increase the amount of the fee to an amount that is more than $50
for each regular semester and $30 for each term of each summer
session. The activities of said Texas Union building financed in
whole or in part by the fee shall be limited to those activities in
which the entire student body is eligible to participate, and in no
event shall any of the activities so financed be held outside of the
territorial limits of the campus of The University of Texas at
Austin.
(b) The fees thus collected and placed in the Texas Union
Fee Account shall be placed under the control of and subject to the
order of the board of directors of the Texas Union building, which
board shall annually submit a complete and itemized budget to be
accompanied by a full and complete report of all activities
conducted during the past year and all expenditures made incident
thereto. The board of regents shall make such changes in the budget
as it deems necessary before approving the same, and shall then levy
the fees in such amounts as will be sufficient to meet the budgetary
needs of said Texas Union building, within the limits herein fixed.
(c) The power and authority conferred by this section does
not and shall not constitute in any way a limitation or restriction
upon the power and authority of the board of regents under Chapter
55 of this code.
Amended by Acts 1979, 66th Leg., p. 2074, ch. 811, § 1, eff. June
13, 1979; Acts 1983, 68th Leg., p. 2060, ch. 378, § 3.
Renumbered from V.T.C.A., Education Code § 67.21 and amended by
Acts 1987, 70th Leg., ch. 901, § 32, eff. Aug. 31, 1987. Amended
by Acts 1989, 71st Leg., ch. 910, § 8; Acts 1999, 76th Leg., ch.
1529, § 1, eff. Aug. 30, 1999.
§ 54.531. STUDENT UNION BUILDING FEES; THE UNIVERSITY
OF TEXAS AT DALLAS. (a) The board of regents of The University of
Texas System may levy a student union fee, not to exceed $60 per
student for each regular semester and not to exceed $40 per student
for each term of the summer session, for the sole purpose of
financing, constructing, operating, maintaining, and improving a
student union building for The University of Texas at Dallas;
provided, however, that the fee may not be increased above $40 per
student for each regular semester and $26.67 per student for each
term of the summer session unless the increase is approved by a
majority vote of those students participating in a general election
held for that purpose. The fees herein authorized to be levied are
in addition to any use or service fee now or hereafter authorized to
be levied.
(b) Such fees shall be deposited to an account known as "The
University of Texas at Dallas Student Union Fee Account" and shall
be placed under the control of and subject to the order of the
Student Union Advisory Committee. The committee shall annually
submit to the president of The University of Texas at Dallas a
complete and itemized budget to be accompanied by a full and
complete report of all activities conducted during the past year
and all expenditures made incident thereto. The president shall
submit the budget to the board of regents as part of the
institutional budget. The board of regents shall make such changes
in the budget as it deems necessary before approving the budget, and
shall then levy the fees, within the limits herein fixed, in such
amounts as will be sufficient to meet the budgetary needs of the
student union building.
(c) The board of regents may pledge fees levied under this
section to pay obligations issued pursuant to the revenue financing
system of The University of Texas System.
Added by Acts 1977, 65th Leg., p. 1041, ch. 385, § 1, eff. Aug.
29, 1977. Amended by Acts 1985, 69th Leg., ch. 239, § 86, eff.
Sept. 1, 1985. Renumbered from V.T.C.A., Education Code § 70.08
and amended by Acts 1987, 70th Leg., ch. 901, § 33, eff. Aug. 31,
1987. Amended by Acts 1989, 71st Leg., ch. 910, § 2; Acts 1993,
73rd Leg., ch. 492, § 1, eff. Aug. 30, 1993.
§ 54.532. STUDENT UNION BUILDING FEES; THE UNIVERSITY
OF TEXAS AT SAN ANTONIO. (a) The board of regents of The
University of Texas System may levy a student union fee of not less
than $20 or more than $150 for each semester or summer session,
assessed in proportion to the number of credit hours for which a
student registers, for the sole purpose of financing, operating,
maintaining, and improving a student union building for The
University of Texas at San Antonio. This fee may be levied in
addition to any other use or service fee.
(b) The fees collected under Subsection (a) of this section
shall be deposited to an account known as The University of Texas at
San Antonio University Center Fee Account and shall be placed under
the control of and subject to the order of the university center
advisory committee. The committee shall annually submit to the
president of The University of Texas at San Antonio a complete and
itemized budget to be accompanied by a full and complete report of
all activities conducted during the past year and all expenditures
made incident to those activities. The president shall submit the
budget to the board of regents as part of the institutional budget.
The board of regents shall make such changes in the budget as it
deems necessary before approving the budget. The board shall then
levy the fees, within the limits fixed in this section, in such
amounts as will be sufficient to meet the budgetary needs of the
student union building.
(c) The board may not increase the amount of the student
union fee in any academic year unless the amount of the increase is
approved by a majority of the students voting in an election held
for that purpose and by a majority of the student government of the
institution.
Added by Acts 1979, 66th Leg., p. 62, ch. 38, § 1, eff. April 1,
1979. Renumbered from V.T.C.A., Education Code § 71.07 and
amended by Acts 1987, 70th Leg., ch. 901, § 34, eff. Aug. 31,
1987. Amended by Acts 1989, 71st Leg., ch. 910, § 3; Acts 1991,
72nd Leg., ch. 314, § 1, eff. Aug. 26, 1991; Acts 1997, 75th
Leg., ch. 1073, § 1.11, eff. Aug. 1, 1997; Acts 2003, 78th Leg.,
ch. 575, § 1, eff. June 20, 2003.
§ 54.5321. TRANSPORTATION FEE; THE UNIVERSITY OF TEXAS
AT SAN ANTONIO. (a) The board of regents of The University of
Texas System may impose on each student enrolled at The University
of Texas at San Antonio a transportation fee not to exceed $50 for
each regular semester and not to exceed $25 for each term of the
summer session, for the sole purpose of financing transportation
services, including capital expenses, for students attending The
University of Texas at San Antonio. The fee is in addition to any
other use fee or service fee authorized by law. The fee may not be
imposed unless the fee is approved by a majority vote of the
students participating in a general student election held for that
purpose.
(b) The board may not increase the amount of the
transportation fee in any academic year unless the amount of the
increase is approved by a majority vote of the students
participating in a general student election held for that purpose.
(c) Revenue from the fee shall be deposited to an account
known as The University of Texas at San Antonio Transportation Fee
Account and shall be expended in accordance with a budget submitted
to and approved by the board. The board shall make any changes in
the budget the board considers necessary before approving the
budget and shall impose the fee, within the limits provided by this
section, in an amount sufficient to meet the budget as approved.
(d) A fee imposed under this section may not be considered
in determining the maximum amount of student services fees that may
be charged under Section 54.503.
(e) The university shall hold in reserve any fee revenue
that exceeds the amount necessary to meet the current expenses of
the transportation services and shall apply that revenue only to
future expenses of the transportation services.
Added by Acts 2003, 78th Leg., ch. 574, § 1, eff. June 20, 2003.
§ 54.5322. INTERCOLLEGIATE ATHLETICS FEE; THE
UNIVERSITY OF TEXAS AT SAN ANTONIO. (a) The board of regents of
The University of Texas System may impose a mandatory
intercollegiate athletics fee on each student enrolled at The
University of Texas at San Antonio. The amount of the fee may not
exceed $7 per semester credit hour for each regular semester, not to
exceed a total of $84 per semester, unless the amount is increased
by the board, subject to the limitation provided by Subsection (b).
The fee may not be imposed unless approved by a majority vote of the
students participating in a general student election held for that
purpose.
(b) The board may not increase the amount of the fee in any
academic year unless the amount of the increase is approved by a
majority vote of the students participating in a general student
election held for that purpose.
(c) The board may prorate the amount of the fee for a summer
session.
(d) The fee imposed under this section may not be considered
in determining the maximum amount of student services fees that may
be imposed under Section 54.503.
Added by Acts 2003, 78th Leg., ch. 574, § 1, eff. June 20, 2003.
§ 54.533. STUDENT UNION FEES; THE UNIVERSITY OF TEXAS OF
THE PERMIAN BASIN. (a) The board of regents of The University of
Texas System may impose a student union fee for the sole purpose of
financing, constructing, operating, maintaining, and improving a
student union facility for The University of Texas of the Permian
Basin. The amount of the fee may not exceed $50 per student for each
regular semester and may not exceed $39 per student for each regular
semester unless the amount is approved by a majority vote of the
students participating in a general student election held for that
purpose. The fee is in addition to any other fee authorized to be
imposed. The board of regents may prorate the amount of the fee for
a summer session.
(b) Revenue collected from the fee shall be deposited to an
account known as The University of Texas of the Permian Basin
student union fee account and shall be placed under the control of
and subject to the order of the student union advisory committee.
The committee shall annually submit to the president of the
university a complete itemized budget and a complete report of all
activities conducted during the preceding year and all expenditures
made in connection with those activities. The president shall
submit the budget to the board of regents as part of the
institutional budget. The board of regents shall make changes in
the budget as the board considers necessary before approving the
budget and shall then impose the fee, within the limits provided by
this section, in amounts sufficient to meet the budgetary needs of
the student union facility.
(c) The board of regents may pledge fees imposed under this
section to pay obligations issued pursuant to the revenue financing
system of The University of Texas System.
(d) A fee may not be imposed under this section in a semester
in which the student union facility is not available for student
use.
Added by Acts 1999, 76th Leg., ch. 9, § 1, eff. April 30, 1999.
§ 54.5331. INTERCOLLEGIATE ATHLETIC FEE; THE UNIVERSITY
OF TEXAS OF THE PERMIAN BASIN. (a) The board of regents of The
University of Texas System may impose a mandatory intercollegiate
athletics fee at The University of Texas of the Permian Basin if the
fee is approved by a majority vote of the students participating in
a general student election held for that purpose. The amount of the
fee may not exceed $5 per semester credit hour for each regular
semester in the first academic year in which the fee is imposed.
(b) The amount of the fee per semester credit hour may be
increased from one academic year to the next only if the increase is
approved by a majority vote of the students of the university
participating in a general student election held for that purpose.
(c) The board of regents may prorate the amount of the fee
for a summer session.
(d) The fee imposed under this section is in addition to any
other fee authorized by law and may not be considered in determining
the maximum student services fees that may be imposed under Section
54.503.
Added by Acts 2001, 77th Leg., ch. 82, § 1, eff. May 11, 2001.
§ 54.534. ARTS AND PERFORMANCE CENTER FEE; THE
UNIVERSITY OF TEXAS AT TYLER. (a) The board of regents of The
University of Texas System may levy an Arts and Performance Center
fee, not to exceed $20 per student for each regular semester and $10
per student for each term of the summer session, for the sole
purpose of financing, constructing, operating, maintaining, and
improving an Arts and Performance Center for The University of
Texas at Tyler; provided, however, that the fee may not be
increased above the amount of $30 per student for each regular
semester and $15 per student for each term of the summer session
unless the increase is approved by a majority vote of those students
participating in the general election. The fees herein authorized
to be levied are in addition to any use or service fee now or
hereafter authorized to be levied.
(b) Such fees shall be deposited to an account known as The
University of Texas at Tyler Arts and Performance Center account
and shall be placed under the control of and be subject to the order
of the Arts and Performance Complex Advisory Committee. The
committee shall annually submit to the president of The University
of Texas at Tyler a complete and itemized budget to be accompanied
by a full and complete report of all activities conducted during the
past year and all expenditures made incident thereto. The
president shall submit the budget to the board of regents as part of
the institutional budget. The board of regents may subsequently
make such changes in the budget as it deems necessary before
approving the budget and shall levy the fees, within the limits
herein fixed, in such amounts as will be sufficient to meet the
budgetary needs of the Arts and Performance Center.
(c) The Arts and Performance Complex Advisory Committee is
established to advise the administration of The University of Texas
at Tyler on the level and expenditure of fees collected under this
section. The administration may also ask the advisory committee to
advise the administration on the type, level, and expenditure of
voluntary fees for student services collected under this
subchapter. The committee is composed of nine members. Four
members of the advisory committee must be student members enrolled
in not less than six semester hours at the university. Student
members shall be selected by the student government of the
university and shall serve for a one-year term. The remaining
members of the advisory committee shall be appointed by the
president of the university and shall be generally representative
of the university community. Each nonstudent member serves for a
term of two years. The University of Texas at Tyler may adopt such
other rules as are necessary to effectuate the purposes of this
section.
Added by Acts 1989, 71st Leg., ch. 910, § 4.
§ 54.5341. STUDENT RECREATIONAL FACILITY FEE; THE
UNIVERSITY OF TEXAS AT TYLER. (a) The board of regents of The
University of Texas System may impose a recreational facility fee
on each student enrolled at The University of Texas at Tyler. The
fee may not be imposed unless approved by a majority vote of the
students participating in a general student election held at the
university for that purpose.
(b) The amount of the fee may not exceed:
(1) $40 per student for each regular semester;
(2) $30 per student for each summer session of 12 weeks
or longer;
(3) $15 per student for each summer session of six
weeks or more but less than 12 weeks; and
(4) $10 per student for each summer session that is
shorter than six weeks.
(c) The board may:
(1) use revenue from the fee only to finance,
construct, equip, operate, maintain, or improve a recreational
facility or program at the university; and
(2) pledge revenue from the fee to pay an obligation
issued under the revenue financing system of The University of
Texas System.
(d) The board shall deposit revenue from the fee to the
credit of an account known as "The University of Texas at Tyler
recreational facility fee account" under the control of the student
fee advisory committee established under Section 54.5031.
(e) The student fee advisory committee annually shall
submit to the board a complete and itemized budget for the
recreational facility with a complete report of all recreational
facility activities conducted during the past year and all
expenditures made in connection with those activities. The board
may make changes in the budget that the board determines are
necessary. After approving the budget, the board, in accordance
with this section, may impose the recreational facility fees for
that year in amounts sufficient to meet the budgetary needs of the
recreational facility. If the budget approved by the board
contains an expenditure for the construction of a facility, the
board may contract for the construction of the facility.
(f) The board may not increase the amount of the
recreational facility fee unless the amount of the increase is
approved by a majority vote of the students participating in a
general student election held at the university for that purpose.
(g) A fee imposed under this section is in addition to any
other fee the board is authorized by law to impose.
(h) A fee imposed under this section may not be considered
in determining the maximum amount of student services fees that may
be imposed under Section 54.503(b).
Added by Acts 2001, 77th Leg., ch. 40, § 1, eff. May 3, 2001.
§ 54.5342. INTERCOLLEGIATE ATHLETICS FEE; THE
UNIVERSITY OF TEXAS AT TYLER. (a) The board of regents of The
University of Texas System may impose an intercollegiate athletics
fee on each student enrolled at The University of Texas at Tyler.
The fee may not be imposed unless approved by a majority vote of the
students participating in a general student election held at the
university for that purpose.
(b) The amount of the fee may not exceed $7 per semester
credit hour for each semester or summer session unless a greater
amount is approved by a majority vote of those students
participating in a general student election held at the university
for that purpose. In that event, the amount of the fee may not
exceed the amount approved at the election.
(c) A student enrolled in more than 15 semester credit hours
shall pay the fee in an amount equal to the amount imposed on a
student enrolled in 15 semester credit hours during that semester
or session. Notwithstanding the limitation on the amount of the fee
per semester credit hour under Subsection (b), a student enrolled
in less than six semester credit hours shall pay the fee in an
amount equal to the amount imposed on a student enrolled in six
semester credit hours during that semester or session.
(d) A fee imposed under this section may be used to develop
and maintain an intercollegiate athletics program at the
university.
(e) A fee imposed under this section is in addition to any
other fee authorized by law and may not be considered in determining
the maximum amount of student services fees that may be imposed
under Section 54.503(b).
Added by Acts 2001, 77th Leg., ch. 39, § 1, eff. May 3, 2001.
§ 54.535. STUDENT UNION FEE; THE UNIVERSITY OF TEXAS AT
EL PASO. (a) The board of regents of The University of Texas
System may levy a student union fee not to exceed $30 per student
for each regular semester or each summer session of six weeks or
more, and not to exceed $15 per student for each summer session of
less than six weeks, for the sole purpose of financing,
constructing, operating, maintaining, and improving a student
union building for The University of Texas at El Paso; provided,
however, that the fee may not be increased above $15 per student for
each regular semester or each summer session of six weeks or more
and $7.50 per student for each summer session of less than six weeks
unless the increase is approved by a majority vote of those students
participating in a general election. The fees herein authorized to
be levied are in addition to any use or service fee now or hereafter
authorized to be levied.
(b) Such fees shall be deposited to an account known as The
University of Texas at El Paso student union fee account and shall
be placed under the control of and subject to the order of the
Student Union Advisory Committee. The committee shall annually
submit to the president of The University of Texas at El Paso a
complete and itemized budget to be accompanied by a full and
complete report of all activities conducted during the past year
and all expenditures made incident thereto. The president shall
submit the budget to the board of regents as part of the
institutional budget. The board of regents shall make such changes
in the budget as it deems necessary before approving the budget, and
shall then levy the fees, within the limits herein fixed, in such
amounts as will be sufficient to meet the budgetary needs of the
student union building.
Added by Acts 1987, 70th Leg., ch. 346, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Education Code § 69.03 and amended by
Acts 1989, 71st Leg., ch. 910, § 5. Amended by Acts 1999, 76th
Leg., ch. 288, § 2, eff. May 29, 1999.
§ 54.536. FEES FOR STUDENT HEALTH SERVICES BUILDING;
THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of
The University of Texas System may charge each student enrolled in
The University of Texas at Austin a fee not to exceed $8 a semester
or 12-week summer session, $6 a nine-week summer session, or $4 a
six-week summer session. The fee may be used only for financing the
renovation, improvement, maintenance, or replacement of the
student health center building at the university or for operating
the student health center.
(b) The university shall collect the student health
services building fee imposed under this section and deposit the
money collected in an account to be known as the student health
services building account. The money collected and placed in the
account may be used only to:
(1) finance the renovation, improvement, maintenance,
or replacement of the student health center building and be pledged
for the payment of obligations issued for those purposes; or
(2) operate the student health center.
(c) The student health services building fee imposed under
this section shall not be counted in determining the maximum
student services fee which may be charged to the students of The
University of Texas at Austin under this subchapter.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 20, § 1, eff. June
18, 1990. Amended by Acts 1999, 76th Leg., ch. 1558, § 3, eff.
June 19, 1999.
§ 54.537. FEES FOR STUDENT SERVICES BUILDING; THE
UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The
University of Texas System may charge each student enrolled at The
University of Texas at Austin a fee not to exceed $1.10 per
registered semester hour. The fee may be used only for financing
the construction, repair, maintenance, renovation, improvement, or
replacement of a student services building at the university or for
operating the student services building.
(b) The university shall collect the student services
building fee imposed under this section and deposit the money
collected into an account to be known as the student services
building account. The money collected and placed in the account may
be used only to:
(1) finance the construction, repair, maintenance,
renovation, improvement, or replacement of a student services
building and be pledged for the payment of obligations issued for
those purposes; or
(2) operate the student services building.
(c) A fee may not be imposed under this section until the
semester in which a student services building will be available for
use.
(d) The student services building fee imposed under this
section shall not be counted in determining the maximum student
services fee which may be charged to the students of The University
of Texas at Austin under this subchapter.
(e) The powers granted to the board of regents under this
section are cumulative of all other powers granted to that board.
Added by Acts 1991, 72nd Leg., ch. 839, § 2, eff. Aug. 26, 1991.
Amended by Acts 1999, 76th Leg., ch. 1558, § 4, eff. June 19,
1999.
§ 54.5371. GREGORY GYMNASIUM RENOVATION FEE; THE
UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The
University of Texas System may charge each student enrolled at The
University of Texas at Austin a fee not to exceed $1.90 per credit
hour per semester or 12-week summer session or 95 cents per credit
hour per six-week summer session. The fee may be used for
financing, renovating, operating, maintaining, and improving the
Gregory Gymnasium.
(b) The university shall collect the gymnasium renovation
fee imposed under this section and deposit the money collected in an
account to be known as the Gregory Gymnasium renovation account.
The money collected shall be used only for the purposes described in
Subsection (a) of this section.
(c) A fee under this section may not be collected under this
section until the semester in which the gymnasium has been
substantially renovated and the first phase of the renovated
facility is made available for use.
(d) The board of regents may pledge fees collected under
this section for the payment of obligations issued for authorized
purposes pursuant to the revenue financing system of The University
of Texas System.
(e) The fees collected under this section shall not be
counted in determining the maximum student services fee which may
be charged to students of The University of Texas at Austin under
this subchapter.
Added by Acts 1993, 73rd Leg., ch. 243, § 1, eff. May 22, 1993.
§ 54.5372. AQUATICS CENTER FEE; THE UNIVERSITY OF TEXAS
AT AUSTIN. (a) The board of regents of The University of Texas
System may charge each student enrolled at The University of Texas
at Austin a fee not to exceed 85 cents per credit hour per semester.
The fee may be used for financing, constructing, renovating,
operating, maintaining, and improving an aquatics center at the
Gregory Gymnasium complex.
(b) The board of regents shall prorate the fee allowed under
this section based on the length of the semester or term for which
the student is enrolled.
(c) The university shall collect the fee imposed under this
section and use it only for the purposes described in this section.
(d) A fee under this section may not be collected until the
semester in which the aquatics center has been substantially
completed and is made available for use.
(e) The board of regents may pledge fees collected under
this section for the payment of obligations issued for authorized
purposes pursuant to the revenue financing system of The University
of Texas System.
(f) The fees collected under this section shall not be
counted in determining the maximum student services fee which may
be charged to students of The University of Texas at Austin under
this subchapter.
Added by Acts 1999, 76th Leg., ch. 1307, § 1, eff. June 18, 1999.
§ 54.538. RECREATIONAL SPORTS FEE; TEXAS STATE
UNIVERSITY SYSTEM. (a) If approved by student vote at a system
institution, the Board of Regents, Texas State University System,
may charge each student enrolled at such institution a recreational
sports fee not to exceed $100 per semester or summer session of 10
weeks or longer or $50 per summer session of less than 10 weeks. The
fee may be used to purchase equipment for and to construct, operate,
and maintain recreational sports facilities and programs at the
designated institution.
(b) The recreation fee authorized by this section may not be
increased more than 10 percent from one academic year to the next
unless the increase has been approved by a majority vote of those
students at the affected institution participating in a general
student election called for that purpose. The fee may not exceed
the amounts provided by Subsection (a).
(c) Each system institution shall collect any student
recreational sports fee imposed under this section and shall
deposit the money collected in an account to be known as the student
recreational sports account.
(d) A student recreational sports fee imposed under this
section is not counted in determining the maximum student services
fee which may be charged under Section 54.513 of this subchapter.
Added by Acts 1989, 71st Leg., ch. 883, § 1, eff. June 14, 1989.
Renumbered from V.T.C.A., Education Code § 54.535 by Acts 1991,
72nd Leg., ch. 16, § 19.01(26), eff. Aug. 26, 1991. Amended by
Acts 1995, 74th Leg., ch. 757, § 4, eff. June 16, 1995; Acts
2003, 78th Leg., ch. 598, § 5, eff. June 20, 2003.
§ 54.539. RECREATIONAL SPORTS FEE; THE TEXAS A&M
UNIVERSITY SYSTEM. (a) If approved by student vote at an
institution, the Board of Regents of The Texas A&M University
System may charge students at such institutions within The Texas
A&M University System a recreational sports fee not to exceed $100 a
semester or 12-week summer session or $50 a six-week summer
session. The fee may be used only for financing, constructing,
operating, maintaining, and improving new and existing
recreational sports facilities and programs at the designated
university.
(b) The recreational sports fee may not be levied unless the
levy of the fee has been approved by a majority vote of those
students at the affected institution participating in a general
student election called for that purpose.
(c) The fee authorized by this section may not be increased
from one academic year to the next unless the increase has been
approved by a majority vote of the students at the affected
institution participating in a general election called for that
purpose. The fee may not exceed the maximum amounts provided by
Subsection (a).
(d) A fee may not be imposed under this section until the
semester in which a campus recreational sports facility will be
available for use.
(e) Each university shall collect any student recreational
sports fee imposed under this section and shall deposit the money
collected in an account to be known as the student recreational
sports account. A recreational sports fee may not be collected
after the 20th anniversary of the date it is first collected or
after all bonded indebtedness for any campus recreational sports
facility for which the fee receipts are pledged is paid, whichever
is later.
(f) A student recreational sports fee imposed under this
section is not counted in determining the maximum student services
fee which may be charged under Section 54.513 of this subchapter.
(g) The board may permit a person who is not enrolled at a
system institution to use a facility paid for by student
recreational sports fees if:
(1) the person's usage does not materially interfere
with student demand or usage;
(2) the person is charged a fee that is not less than
the student fee and is not less than the direct and indirect cost to
the institution of providing for the person's usage; and
(3) the person's usage does not increase materially
the potential liability of the institution.
(h) The president of each institution in the system shall
establish a formal system for student input with respect to matters
of construction and operation of a facility or program financed by a
student recreational sports fee.
Added by Acts 1989, 71st Leg., ch. 871, § 1, eff. June 14, 1989.
Amended by Acts 1991, 72nd Leg., ch. 833, § 1, eff. June 16,
1991. Renumbered from V.T.C.A., Education Code § 54.534 by Acts
1991, 72nd Leg., 1st C.S., ch. 14, § 8.01(7), eff. Nov. 12, 1991.
Amended by Acts 2001, 77th Leg., ch. 825, § 1, eff. Sept. 1,
2001.
§ 54.5391. INTERCOLLEGIATE ATHLETICS FEE; TEXAS A&M
UNIVERSITY--CORPUS CHRISTI. (a) The board of regents of The
Texas A&M University System may impose an intercollegiate athletics
fee on each student enrolled at Texas A&M University--Corpus
Christi. The fee may not be imposed unless approved by a majority
vote of the students participating in a general student election
held at the university for that purpose.
(b) The amount of the fee may not exceed $8 per semester
credit hour for each semester or summer session, unless the amount
is increased as provided by Subsection (c).
(c) The amount of the fee per semester credit hour may be
increased from one academic year to the next only if approved by a
majority vote of the students participating in a general student
election held for that purpose or, if the amount of the increase
does not exceed five percent, by a majority vote of the legislative
body of the student government of the university.
(d) A student enrolled in more than 13 semester credit hours
shall pay the fee in an amount equal to the amount imposed on a
student enrolled in 13 semester credit hours during the same
semester or session.
(e) A fee imposed under this section may be used to develop
and maintain an intercollegiate athletics program at the
university.
(f) A fee imposed under this section is in addition to any
other fee authorized by law and may not be considered in determining
the maximum amount of student services fees that may be imposed
under Section 54.503(b).
(g) If the imposition of a mandatory intercollegiate
athletics fee as described by this section was approved by a
majority vote of the students of the university participating in a
general student election held on or after January 1, 2002, the board
of regents may impose the fee as prescribed by the results of the
election without calling an additional election. This subsection
expires January 1, 2005.
Added by Acts 2003, 78th Leg., ch. 86, § 1, eff. May 20, 2003.
§ 54.5392. INTERCOLLEGIATE ATHLETICS FEE; TEXAS A&M
UNIVERSITY--KINGSVILLE. (a) The board of regents of The Texas
A&M University System may impose an intercollegiate athletics fee
on each student enrolled at Texas A&M University--Kingsville. The
fee may not be imposed unless approved by a majority vote of the
students participating in a general student election held at the
university for that purpose.
(b) The amount of the fee may not exceed $12 per semester
credit hour for each semester or summer session, unless the amount
is increased as provided by Subsection (c).
(c) The amount of the fee per semester credit hour may be
increased from one academic year to the next only if approved by a
majority vote of the students participating in a general student
election held for that purpose.
(d) A student enrolled in more than 13 semester credit hours
shall pay the fee in an amount equal to the amount imposed on a
student enrolled in 13 semester credit hours during the same
semester or session.
(e) A fee imposed under this section may be used to develop
and maintain an intercollegiate athletics program at the
university.
(f) A fee imposed under this section is in addition to any
other fee authorized by law and may not be considered in determining
the maximum amount of student services fees that may be imposed
under Section 54.503(b).
(g) If the imposition of a mandatory intercollegiate
athletics fee as described by this section was approved by a
majority vote of the students of the university participating in a
general student election held on or after January 1, 2002, the board
of regents may impose the fee as prescribed by the results of the
election without calling an additional election. This subsection
expires January 1, 2005.
Added by Acts 2003, 78th Leg., ch. 290, § 1, eff. June 18, 2003.
§ 54.5393. INTERCOLLEGIATE ATHLETICS FEE: PRAIRIE VIEW
A&M UNIVERSITY.
Text of section effective until September 1, 2013
(a) The board of regents of The Texas A&M University System
may impose an intercollegiate athletics fee on each student
enrolled at Prairie View A&M University in an amount not to exceed
$10 per semester credit hour.
(b) The amount of the fee imposed on a student in a semester
or session may not exceed the amount of the fee imposed on a student
enrolled in 15 semester credit hours during the same semester or
session.
(c) The fee may not be imposed unless approved by a majority
vote of the students of the university participating in a general
student election held for that purpose.
(d) A fee imposed under this section shall be used to
develop and maintain an intercollegiate athletics program at the
university.
(e) A fee imposed under this section is in addition to any
other fee authorized by law and may not be considered in determining
the maximum amount of student services fees that may be imposed
under Section 54.503.
(f) This section expires September 1, 2013.
Added by Acts 2003, 78th Leg., ch. 1266, § 6.01, eff. June 20,
2003.
§ 54.540. STUDENT CENTER FEE, UNIVERSITY OF
HOUSTON-CLEAR LAKE. (a) The Board of Regents of the University of
Houston System may levy and collect a student center fee, not to
exceed $40 per student for each regular semester and not to exceed
$20 per student for each term of the summer session for the sole
purpose of financing, constructing, operating, maintaining, and
improving a student center for the University of Houston-Clear
Lake. The fees herein authorized to be levied are in addition to
any use or service fee now or hereafter authorized to be levied.
The student center fee initially levied shall be in an amount
approved by a majority vote of the students voting in an election
called for that purpose.
(b) The student center fees shall be deposited to an account
known as The University of Houston-Clear Lake Student Center Fee
Account and shall be placed under the control of and subject to the
order of the University Life Council. The council shall annually
submit to the board of regents a complete and itemized budget, a
recommended fee level, and a complete report of all activities
conducted during the past year and all expenditures made incident
thereto. The board of regents shall make such changes in the budget
as it deems necessary before approving the budget.
(c) The board of regents may increase the student center fee
levied under this section. However, if the increase is more than 10
percent above the previous fiscal year's fee, it must be approved by
a majority of students voting in an election called for that
purpose.
Added by Acts 1991, 72nd Leg., ch. 848, § 4, eff. Aug. 26, 1991.
Renumbered from V.T.C.A., Education Code § 54.537 by Acts 1991,
72nd Leg., 1st C.S., ch. 14, § 8.01(8), eff. Nov. 12, 1991.
§ 54.541. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF
TEXAS AT EL PASO. (a) The board of regents of The University of
Texas System may charge each student enrolled at The University of
Texas at El Paso a recreational facility fee not to exceed $12 per
student per semester or summer session. The fee may be used only
for financing, constructing, operating, maintaining, and improving
new and existing recreational sports facilities and programs at The
University of Texas at El Paso.
(b) The board of regents is authorized to pledge the fees
levied under this section for the payment of obligations issued for
authorized purposes pursuant to the revenue financing system of The
University of Texas System.
(c) The recreational facility fee may not be levied unless
the fee is approved and the amount of the fee is set by majority vote
of those students participating in a general student election
called at The University of Texas at El Paso for that purpose.
(d) The University of Texas at El Paso shall collect the
recreational facility fee and deposit the money collected in an
account to be known as The University of Texas at El Paso
recreational facility account.
(e) The recreational facility fee is not counted in
determining the maximum amount of student services fees which may
be charged under Section 54.503 of this code, as amended.
Added by Acts 1993, 73rd Leg., ch. 58, § 1, eff. April 29, 1993.
§ 54.542. STUDENT UNION BUILDING FEE; THE UNIVERSITY OF
TEXAS-PAN AMERICAN. (a) Except as provided by Subsection (c) of
this section, the board of regents of The University of Texas System
may levy a student union fee, not to exceed $30 for each student for
each regular semester or $15 for each student for each term of the
summer session, for the sole purpose of financing, constructing,
operating, maintaining, and improving a student union building for
The University of Texas-Pan American.
(b) The board of regents may pledge the fees levied under
this section to pay obligations issued pursuant to the revenue
financing system of The University of Texas System.
(c) A student union fee levied under this section may not be
levied or increased unless the levy or increase is approved by a
majority vote of those students participating in a general election
held for that purpose.
(d) Student union fees levied under this section are in
addition to any other fee the board of regents is authorized by law
to charge and may not be considered in determining the maximum
student services fee that may be charged under Section 54.503(b) of
this code.
(e) The board shall deposit student union fees levied under
this section to the credit of an account known as The University of
Texas-Pan American Student Union Fee Account.
(f) Notwithstanding Section 51.002 of this code, student
union fees levied under this section are under the control of the
Student Union Advisory Committee. The committee annually shall
submit to the president of The University of Texas-Pan American a
complete and itemized budget with a complete report of all
activities conducted during the past year and all expenditures made
in connection with those activities. The president shall submit
the budget to the board of regents as part of the institutional
budget. Before approving the budget, the board of regents may make
changes in the budget that the board determines are necessary.
After approving the budget, the board, in accordance with this
section, may levy the student union fees for that year in amounts
sufficient to meet the budgetary needs of the student union
building.
Added by Acts 1993, 73rd Leg., ch. 341, § 1, eff. Aug. 30, 1993.
Renumbered from V.T.C.A., Education Code § 54.541 by Acts 1995,
74th Leg., ch. 76, § 17.01(8), eff. Sept. 1, 1995.
§ 54.543. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF
TEXAS AT SAN ANTONIO. (a) The board of regents of The University
of Texas System may charge each student enrolled at The University
of Texas at San Antonio a recreational facility fee not to exceed
$100 for each semester of the regular term or summer session to
finance, construct, operate, maintain, or improve student
recreational facilities at the university.
(b) The board of regents may pledge the fees charged under
this section to pay obligations issued pursuant to the revenue
financing system of The University of Texas System.
(c) The recreational facility fee may not be charged unless
the charging of the fee is approved by a majority vote of those
students participating in a general student election called for
that purpose.
(d) If approved in accordance with this section, the board
of regents shall collect the recreational facility fees and deposit
the fees in an account known as the recreational facility account.
(e) A recreational facility fee charged under this section
may not be counted in determining the maximum amount of student
services fees that may be charged under Section 54.503(b) of this
code.
(f) The board of regents may permit a person who is not
enrolled at The University of Texas at San Antonio to use a facility
financed with recreational facility fees if:
(1) the person's use of the facility will not
materially interfere with student demand or use;
(2) the person is charged a fee that is not less than
the student fee and that is not less than the direct and indirect
cost to the university of providing for the person's use; and
(3) the person's use will not materially increase the
potential liability of the university.
(g) The board may not increase the amount of the
recreational facility fee in any academic year unless the amount of
the increase is approved by a majority vote of the students
participating in a general student election held for that purpose.
Added by Acts 1993, 73rd Leg., ch. 894, § 1, eff. Aug. 30, 1993.
Renumbered from V.T.C.A., Education Code § 54.541 by Acts 1995,
74th Leg., ch. 76, § 17.01(9), eff. Sept. 1, 1995. Amended by
Acts 2003, 78th Leg., ch. 575, § 2, eff. June 20, 2003.
§ 54.544. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF
TEXAS AT DALLAS. (a) The board of regents of The University of
Texas System may charge each student enrolled at The University of
Texas at Dallas a recreational facility fee to finance, construct,
equip, operate, maintain, or improve student recreational
facilities or programs at the university.
(b) A recreational facility fee may not exceed:
(1) $65 for each student for a semester of the regular
term or a summer session of 12 weeks or longer; and
(2) $43.33 for each student for a summer session of
less than 12 weeks.
(b-1), (b-2) Expired.
(c) A recreational facility fee may not be charged or
increased unless charging or increasing the fee is approved by a
majority vote of the students participating in a general student
election called for that purpose.
(d) The board of regents shall collect a fee charged under
this section and deposit the fee in an account known as the
recreational facility account.
(e) The board of regents may pledge a fee charged under this
section to pay an obligation issued under the revenue financing
system of The University of Texas System.
(f) A fee charged under this section may not be counted in
determining the maximum amount of student services fees that may be
charged under Section 54.503(b).
(g) A recreational facility fee may not be collected after
the 20th anniversary of the date it is first collected or after all
bonded indebtedness for the recreational facility for which the fee
receipts are pledged is paid, whichever is later.
Added by Acts 1995, 74th Leg., ch. 757, § 6, eff. June 16, 1995.
Amended by Acts 2003, 78th Leg., ch. 669, § 1, eff. June 20,
2003.
§ 54.545. FEES FOR CONTINUING EDUCATION
COURSES. (a) The governing board of an institution of higher
education shall charge a reasonable fee to each person registered
in a continuing education course at the institution. The board
shall set the fee in an amount sufficient to permit the institution
to recover the costs to the institution of providing the course.
(b) This section applies only to a course for which an
institution does not collect tuition or receive formula funding,
including an extension course, correspondence course, or other
self-supporting course.
(c) Subchapters B and D do not apply to a fee charged under
this section, except to a fee for a correspondence course taken by a
student who would qualify for an exemption from tuition under
Section 54.203 if the correspondence course applies towards the
student's degree plan. The governing board of an institution of
higher education may grant an exemption provided by Section 54.203
for continuing education courses.
Added by Acts 1995, 74th Leg., ch. 757, § 5, eff. June 16, 1995.
Amended by Acts 1997, 75th Leg., ch. 1404, § 1, eff. Sept. 1,
1997.
§ 54.546. STUDENT UNION FEES; THE UNIVERSITY OF TEXAS AT
BROWNSVILLE. (a) The board of regents of The University of Texas
System may impose on each student enrolled at The University of
Texas at Brownsville a student union fee of not less than $34.35 or
more than $70 for each semester or long summer session for the sole
purpose of financing, constructing, operating, maintaining,
renovating, and improving a student union building owned by Texas
Southmost College and used by the partnership of The University of
Texas at Brownsville and Texas Southmost College under Section
78.02. The fee may be imposed in addition to any other fee.
(b) Revenue from the fee imposed under this section shall be
deposited to an account known as The University of Texas at
Brownsville student union account. Money in the account shall be
used in accordance with the terms of the partnership agreements
entered into between The University of Texas at Brownsville and
Texas Southmost College under Section 78.02.
(c) The board of trustees of the Southmost Union Junior
College District may pledge revenue from a fee imposed under this
section, whether received directly from a student or from The
University of Texas at Brownsville, under the terms of the
partnership agreement between The University of Texas at
Brownsville and Texas Southmost College, for the payment of
obligations issued by the Southmost Union Junior College District
to finance the construction, operation, maintenance, renovation,
and improvement of a student union building to be owned by Texas
Southmost College and used by the two institutions under the
partnership. If the fee imposed under this section is pledged to
the payment of obligations issued by Southmost Union Junior College
District, the board of regents of The University of Texas System may
not pledge revenue from the fee for the payment of obligations
issued for an authorized purpose under the revenue financing system
of The University of Texas System.
(d) The board may not increase the amount of the fee by more
than 10 percent in any academic year unless the amount of the
increase is approved by a majority of the students voting in an
election held for that purpose and by a majority of the members of
the legislative body of the student government of the institution.
(e) Subject to the limitations of this section on the amount
of the fee and any increase in the amount of the fee, the fee imposed
under this section must be in the same amount as the student union
fee charged a student at Texas Southmost College by the board of
trustees of Southmost Union Junior College District. A student
attending either or both institutions may be charged a student
union fee by only one of the institutions.
Added by Acts 1999, 76th Leg., ch. 113, § 1, eff. May 17, 1999.
SUBCHAPTER F. PREPAID HIGHER EDUCATION TUITION PROGRAM
§ 54.6001. PUBLIC PURPOSE. An educated population
being necessary to the social development and economic health of
this state, the legislature finds and declares it to be an urgent
public necessity to assist young Texans in obtaining a higher
education. Because the state's population is rapidly growing and
is diverse, the state is required to use all of the higher education
facilities and resources within the state, both public and private,
to provide a wide variety of educational environments and
instructional options and to preserve the partnership between the
state and private or independent institutions of higher education
and between the state and career schools and colleges, as defined by
Section 132.001, that offer a two-year associate degree as approved
by the Texas Higher Education Coordinating Board. Therefore, the
prepaid higher education tuition program is established to help
Texas students attend the institution that best meets their
individual needs.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 1181, § 1, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 364, § 2.03, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 817, § 8.18, eff. Sept. 1, 2003.
§ 54.601. DEFINITIONS. In this subchapter:
(1) "Beneficiary" means a person who is entitled to
receive benefits under a prepaid tuition contract.
(2) "Board" means the Prepaid Higher Education Tuition
Board.
(3) "Estimated average private tuition and required
fees" means an estimated average of tuition and required fees to be
charged by private or independent institutions of higher education
as determined annually by the board.
(4) "Fund" means the Texas tomorrow constitutional
trust fund.
(5) "Institution of higher education" has the meaning
assigned by Section 61.003.
(6) "Prepaid tuition contract" means a contract
entered into under this subchapter by the board and a purchaser to
provide for the payment of higher education tuition and required
fees of a beneficiary.
(7) "Private or independent institution of higher
education" has the meaning assigned by Section 61.003.
(8) "Program" means the prepaid higher education
tuition program.
(9) "Career school or college" means a career school
or college, as defined by Section 132.001, that offers a two-year
associate degree as approved by the Texas Higher Education
Coordinating Board.
(10) "Public junior college" has the meaning assigned
by Section 61.003.
(11) "Public senior college or university" has the
meaning assigned by Section 61.003.
(12) "Purchaser" means a person who is obligated to
make payments under a prepaid tuition contract.
(13) "Account" means the Texas college savings plan
account.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 1181, § 2, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1250, § 2, eff. June 15, 2001;
Acts 2003, 78th Leg., ch. 364, § 2.04, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 817, § 8.19, eff. Sept. 1, 2003.
§ 54.602. ESTABLISHMENT OF BOARD; FUNCTION. (a) The
Prepaid Higher Education Tuition Board is in the office of the
comptroller.
(b) The board shall administer the prepaid higher education
tuition program established under this subchapter and the higher
education savings plan established under Subchapter G.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1250, § 3, eff. June 15,
2001.
§ 54.603. SUNSET PROVISION. The Prepaid Higher
Education Tuition Board is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and the programs established
under this subchapter and under Subchapter G terminate September 1,
2007.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1250, § 4, eff. June 15,
2001.
§ 54.604. TERMINATION OR MODIFICATION OF PROGRAM. If
the comptroller determines the program is financially infeasible,
the comptroller shall notify the governor and the legislature and
recommend that the program be modified or terminated.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.605. EFFECT OF TERMINATION OF PROGRAM ON
CONTRACT. (a) A prepaid tuition contract remains in effect after
the program is terminated if, when the program is terminated, the
beneficiary:
(1) has been accepted by or is enrolled in an
institution of higher education, a private or independent
institution of higher education, or a career school or college; or
(2) is projected to graduate from high school not
later than the third anniversary of the date the program is
terminated.
(b) A prepaid tuition contract terminates when the program
is terminated if the contract does not remain in effect under
Subsection (a).
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 1181, § 3, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 364, § 2.05, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 817, § 8.20, eff. Sept. 1, 2003.
§ 54.606. MEMBERS OF BOARD; APPOINTMENT; TERMS OF
OFFICE. (a) The board consists of:
(1) the comptroller;
(2) two members appointed by the governor with the
advice and consent of the senate; and
(3) four members appointed by the lieutenant governor,
at least two of whom must be appointed from a list of persons
recommended by the speaker of the house of representatives.
(b) The appointed members must possess knowledge, skill,
and experience in higher education, business, or finance.
(c) The appointed members serve for staggered six-year
terms. The terms of one-third of the appointed members expire on
February 1 of each odd-numbered year.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.607. DUTY IN RECOMMENDING, MAKING, OR CONFIRMING
APPOINTMENTS. (a) In recommending, making, or confirming
appointments to the board, the governor, lieutenant governor,
speaker of the house of representatives, and senate shall ensure
that each appointee has the background and experience suitable for
performing the statutory responsibilities of a member of the board.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.608. RESTRICTIONS ON BOARD APPOINTMENT,
MEMBERSHIP, AND EMPLOYMENT. (a) A person is not eligible for
appointment as a member of the board if the person or the person's
spouse:
(1) is employed by or participates in the management
of a business entity receiving funds from the board;
(2) owns or controls, directly or indirectly, more
than a 10-percent interest in a business entity receiving funds
from the board; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of higher education may not be a
member or employee of the board who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group 17, of the position classification salary schedule.
(c) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of higher
education may not be a board member and may not be a board employee
who is exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group 17, of the position
classification salary schedule.
(d) A person may not serve as a member of the board or act as
the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the board.
(e) A person may not serve as an appointed member of the
board if the person is related in the second degree by affinity or
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, to a person who is an officer, employee, or paid
consultant of a Texas trade association in the banking, securities,
or investment industry.
(f) For the purposes of this section, a Texas trade
association is a nonprofit, cooperative, and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.609. REMOVAL OF BOARD MEMBER. (a) It is a ground
for removal from the board if a member:
(1) violates a prohibition established by Section
54.608;
(2) cannot because of illness or disability discharge
the member's duties for a substantial part of the term for which the
member is appointed; or
(3) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that the action was taken when a ground for removal of a
board member existed.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.610. TRAINING OF BOARD MEMBERS. (a) Before a
member of the board may assume the member's duties and before an
appointed member may be confirmed by the senate, the member must
complete at least one course of the training program established
under this section.
(b) A training program established under this section shall
provide information to the member regarding:
(1) the enabling legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.611. BOARD OFFICERS. (a) The comptroller serves
as the presiding officer of the board.
(b) The board shall appoint a secretary of the board whose
duties may be prescribed by law and by the board.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.612. COMPENSATION AND EXPENSES OF APPOINTED BOARD
MEMBERS. Appointed members of the board shall serve without pay
but shall be reimbursed for their actual expenses incurred in
attending meetings of the board or in performing other work of the
board when that work is approved by the presiding officer of the
board.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.613. MEETINGS. (a) The board shall hold regular
quarterly meetings in the city of Austin and other meetings at
places and times scheduled by the board in formal sessions and
called by the presiding officer.
(b) The board shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
board.
(c) Minutes of all meetings shall be available in the
board's office for public inspection.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.614. APPLICABILITY OF OPEN MEETINGS LAW AND
ADMINISTRATIVE PROCEDURE LAW. The board is subject to the open
meetings law, Chapter 551, Government Code, and the administrative
procedure law, Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.615. EXECUTIVE DIRECTOR; STAFF. (a) The
comptroller serves as the executive director of the board.
(b) The employees of the comptroller selected by the
comptroller for that purpose serve as the staff of the board.
(c) The comptroller shall select and supervise the staff of
the board and perform other duties delegated to the comptroller by
the board.
(d) The comptroller shall provide to members of the board
and to board staff, as often as necessary, information regarding
their qualifications for office or employment under this subchapter
and their responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
(e) The board shall develop and implement policies that
clearly separate the policy-making responsibilities of the board
and the management responsibilities of the comptroller and the
staff of the board.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.616. PROGRAM AND FACILITY ACCESSIBILITY. (a) The
board shall comply with federal and state laws related to program
and facility accessibility.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the board's programs and services.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.617. PUBLIC INTEREST INFORMATION AND
COMPLAINTS. (a) The board shall prepare information of public
interest describing the functions of the board and the board's
procedures by which complaints are filed with and resolved by the
board. The board shall make the information available to the public
and appropriate state agencies.
(b) The board by rule shall establish methods by which
consumers and service recipients are notified of the name, mailing
address, and telephone number of the board for the purpose of
directing complaints to the board.
(c) The board shall keep information about each complaint
filed with the board. The information shall include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for complaints for which the board took no action,
an explanation of the reason the complaint was closed without
action.
(d) The board shall keep a file for each written complaint
filed with the board that the board has authority to resolve. The
board shall provide to the person filing the complaint and the
persons or entities complained about the board's policies and
procedures pertaining to complaint investigation and resolution.
The board, at least quarterly and until final disposition of the
complaint, shall notify the person filing the complaint and the
persons or entities complained about of the status of the complaint
unless the notice would jeopardize an undercover investigation.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.618. POWERS OF BOARD. (a) The board has the
powers necessary or proper to carry out this subchapter.
(b) The board may:
(1) adopt an official seal;
(2) adopt rules to implement this subchapter;
(3) sue and be sued;
(4) enter into contracts and other necessary
instruments;
(5) enter into agreements or other transactions with
the United States, state agencies, including institutions of higher
education, private or independent institutions of higher
education, career schools and colleges, and local governments;
(6) appear in its own behalf before governmental
agencies;
(7) contract for necessary goods and services and
engage the services of private consultants, actuaries, trustees,
records administrators, managers, legal counsel, and auditors for
administrative or technical assistance;
(8) solicit and accept gifts, grants, loans, and other
aid from any source or participate in any other way in any
government program to carry out this subchapter;
(9) impose administrative fees;
(10) contract with a person to market the program;
(11) purchase liability insurance covering the board
and employees and agents of the board; and
(12) establish other policies, procedures, and
eligibility criteria to implement this subchapter.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 1181, § 4, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 364, § 2.06, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 817, § 8.21, eff. Sept. 1, 2003.
§ 54.619. PREPAID HIGHER EDUCATION TUITION
PROGRAM. (a) Under the program, a purchaser may enter into a
prepaid tuition contract with the board under which the purchaser
agrees to prepay the tuition and required fees for a beneficiary to
attend an institution of higher education or private or independent
institution of higher education.
(b) The board shall deposit the money paid under a prepaid
tuition contract in the fund, invest the money and credit the income
earned to the fund, and apply money in the fund to the tuition and
required fees of the institution of higher education or private or
independent institution of higher education in which the
beneficiary enrolls as provided by the prepaid tuition contract.
(c) If the beneficiary of a plan described by Section
54.623, 54.624, or 54.625 enrolls in a private or independent
institution of higher education, the board shall pay the
institution the tuition and required fees the board would have paid
had the beneficiary enrolled in an institution of higher education
covered by the plan selected in the prepaid tuition contract. The
beneficiary is responsible for paying the private or independent
institution of higher education the amount by which the tuition and
required fees of the institution exceed the tuition and required
fees paid by the board.
(d) If the beneficiary of a plan described by Section
54.6251 enrolls in an institution of higher education, the board
shall pay:
(1) to the institution the tuition and required fees
of the institution; and
(2) to the purchaser the amount by which the estimated
average private tuition and required fees exceeds the tuition and
required fees of the institution.
(e) If the beneficiary of a plan described by Section
54.6251 enrolls in a private or independent institution of higher
education, the board shall pay:
(1) to the institution the lesser of:
(A) the tuition and required fees of the
institution; or
(B) the estimated average private tuition and
required fees; and
(2) to the purchaser the amount by which the estimated
average private tuition and required fees exceeds the tuition and
required fees of the institution.
(f) If the beneficiary of a plan described by Section
54.6251 enrolls in a private or independent institution of higher
education, the beneficiary is responsible for paying the
institution the amount by which the tuition and required fees of the
institution exceeds the estimated average private tuition and
required fees.
(g) If in any fiscal year there is not enough money in the
fund to pay the tuition and required fees of the institution of
higher education in which a beneficiary enrolls or the appropriate
portion of the tuition and required fees of the private or
independent institution of higher education in which the
beneficiary enrolls as provided by the prepaid tuition contract,
the comptroller shall transfer to the fund out of the first money
coming into the state treasury not otherwise appropriated by the
constitution the amount necessary for the board to pay the
applicable amount of tuition and required fees of the institution.
(h) Notwithstanding other provisions of this subchapter,
any contract benefits purchased under this subchapter may be
applied to the payment of tuition and required fees at a career
school or college as if the school or college were an institution of
higher education or private or independent institution of higher
education. On the purchaser's request, the board shall apply, in
accordance with Section 54.628, any existing amount of prepaid
tuition contract benefits to the payment of tuition and required
fees at a career school or college. The board is not responsible
for the payment of tuition and required fees at the career school or
college in excess of that amount. The board may adopt rules as
necessary to implement this subsection.
(i) [Blank].
(j) The board may temporarily suspend new enrollment in the
program on the request of the comptroller as the comptroller
considers necessary to ensure the actuarial soundness of the fund.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 134, § 1; Acts 1997, 75th
Leg., ch. 522, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
1181, § 5, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 364,
§ 2.07, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, §
8.22, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1310, § 12,
eff. June 20, 2003.
§ 54.620. PREPAID TUITION CONTRACT. (a) The board may
contract with a purchaser for the purchaser to prepay the tuition
and required fees for a beneficiary to attend an institution of
higher education or private or independent institution of higher
education to which the beneficiary is admitted as a student.
(b) The terms of a prepaid tuition contract shall be based
on an actuarial analysis of:
(1) the rates of increase of:
(A) tuition and required fees at institutions of
higher education; or
(B) estimated average private tuition and
required fees;
(2) expected investment returns;
(3) estimated administrative costs; and
(4) the period between the date the contract is
entered into and the date the beneficiary is projected to graduate
from high school.
(c) The board shall adopt a form for a prepaid tuition
contract to be used by the board and purchasers.
(d) A prepaid tuition contract must:
(1) specify the amount and number of payments required
from the purchaser on behalf of the beneficiary;
(2) specify the terms under which the purchaser shall
make payments, including the date on which each payment is due;
(3) specify the consequences of default;
(4) specify the name and date of birth of the
beneficiary of the contract and the terms under which another
person may be substituted as the beneficiary;
(5) specify the number of credit hours contracted by
the purchaser;
(6) specify the type of plan toward which the
contracted credit hours shall be applied;
(7) contain an assumption of a contractual obligation
by the board to the beneficiary to provide for a specified number of
credit hours of undergraduate instruction at an institution of
higher education or private or independent institution of higher
education, not to exceed the typical number of credit hours
required for the degree that corresponds to the plan purchased on
behalf of the beneficiary;
(8) specify the date the beneficiary is projected to
graduate from high school; and
(9) contain any other provisions the board considers
necessary or appropriate.
(e) A prepaid tuition contract does not cover the cost of
laboratory fees charged for specific courses.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.621. BENEFICIARY. (a) The beneficiary of a
prepaid tuition contract must be younger than 18 years of age or 18
years of age or older and enrolled in high school at the time the
purchaser enters into the contract and must be:
(1) a resident of this state at the time the purchaser
enters into the contract; or
(2) a nonresident who is the child of a parent who is a
resident of this state at the time that parent enters into the
contract.
(b) The board may require a reasonable period of residence
in this state for a beneficiary or the parent of a beneficiary.
(c) Notwithstanding Section 54.052(d), the tuition and
required fees charged by an institution of higher education for
semester hours and fees that are paid for by a prepaid tuition
contract shall be determined as if the beneficiary of that contract
were a resident student.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 522, § 2, eff. Sept. 1,
1997.
§ 54.622. TYPES OF PLANS. The board shall make prepaid
tuition contracts available for the:
(1) junior college plan;
(2) senior college plan;
(3) junior-senior college plan; and
(4) private college plan.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.623. JUNIOR COLLEGE PLAN. Through the junior
college plan, a prepaid tuition contract shall provide prepaid
tuition and required fees for the beneficiary to attend a public
junior college for a specified number of undergraduate credit hours
not to exceed the typical number of hours required for a certificate
or an associate degree awarded by a public junior college.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.624. SENIOR COLLEGE PLAN. (a) Through the senior
college plan, a prepaid tuition contract shall provide prepaid
tuition and required fees for the beneficiary to attend a public
senior college or university for a specified number of
undergraduate credit hours not to exceed the typical number of
hours required for a baccalaureate degree awarded by a public
senior college or university.
(b) When the beneficiary of a senior college plan prepaid
tuition contract enrolls in a public senior college or university,
the university shall accept as payment in full of the beneficiary's
tuition and required fees the lesser of:
(1) the amount of tuition and required fees charged by
the institution; or
(2) an amount paid by the board under the contract
equal to the weighted average amount of tuition and required fees of
all public senior colleges and universities for that semester or
other academic period as determined by the board.
(c) Each public senior college or university shall provide
the information requested by the board on or before June 1 each year
to assist the board in determining the weighted average amount of
tuition and required fees of all public senior colleges and
universities for each semester or other academic term of the
following academic year for purposes of this section.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 1310, § 13, eff. June 20,
2003; Acts 2003, 78th Leg., ch. 1321, § 4, eff. Sept. 1, 2003.
§ 54.6245. GRADUATE AND PROFESSIONAL DEGREE
PLANS. (a) The board may establish one or more plans to allow a
person to prepay all or part of the tuition and required fees for
enrollment in a graduate or professional degree program at an
institution of higher education or private or independent
institution of higher education, if the board determines that:
(1) a particular plan is feasible; and
(2) there is sufficient demand for the plan to justify
administration of the plan.
(b) The board may limit a plan established under this
section to a specified field or fields of study, to a specified
level or type of degree, or to a specified number of hours or
semesters, as the board considers appropriate.
(c) The board is not required to continue offering a plan
established under this section in subsequent years.
(d) The board may modify the terms of a prepaid tuition
contract otherwise required by this subchapter for a plan
established under this section as the board considers necessary.
Added by Acts 1999, 76th Leg., ch. 269, § 1, eff. Aug. 30, 1999.
§ 54.625. JUNIOR-SENIOR COLLEGE PLAN. Through the
junior-senior college plan, a prepaid tuition contract shall
provide prepaid tuition and required fees for the beneficiary to
attend:
(1) a public junior college for a specified number of
undergraduate credit hours not to exceed the typical number of
hours required for a person to receive a certificate or associate
degree awarded by a public junior college; and
(2) a public senior college or university for a
specified number of credit hours not to exceed the typical number of
additional hours required for the person to receive a baccalaureate
degree awarded by a public senior college or university.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.6251. PRIVATE COLLEGE PLAN. Through the private
college plan, a prepaid tuition contract shall provide prepaid
estimated average private tuition and required fees for the
beneficiary to attend a private or independent institution of
higher education for a specified number of undergraduate credit
hours not to exceed the typical number of hours required for a
baccalaureate degree awarded by a private or independent
institution of higher education.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.6252. CONTRACT FOR ADDITIONAL CREDIT
HOURS. (a) The board may permit the purchaser of a prepaid
tuition contract for a senior college plan or a private college plan
at any time during which the contract is in effect and before the
beneficiary graduates from high school to enter into a supplemental
contract to prepay the tuition and required fees of the beneficiary
for a number of undergraduate credit hours, in addition to the
undergraduate credit hours included in the primary contract, equal
to the number of credit hours purchased for one year under the
primary contract. The additional credit hours must be for the same
type of institution as the credit hours purchased under the primary
contract.
(b) The contract is subject to Section 54.620.
Added by Acts 1997, 75th Leg., ch. 522, § 3, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1181, § 6, eff. Sept. 1,
1999.
§ 54.626. CONTRACT PAYMENT. (a) The board may provide
for the receipt of payments under prepaid tuition contracts in lump
sums or installment payments. If the board allows payments under a
contract to be made in installments over a period longer than one
year, it must provide for those payments to be made in single annual
installments in addition to any other permitted installment plans.
(b) A purchaser may make payments under a prepaid tuition
contract by electronic funds transfer.
(c) An employee of the state or a political subdivision of
the state may make payments under a prepaid tuition contract by
payroll deductions made by the appropriate officer of the state or
political subdivision.
(d) The board may impose a fee for a late payment under a
prepaid tuition contract.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 95, § 1, eff. May 15, 1997.
§ 54.6261. DEFERRED USE OF PREPAID CREDIT HOURS. (a) A
prepaid tuition contract must permit the beneficiary to elect to
pay from another source the beneficiary's tuition and required fees
for some or all of the semester credit hours to which the
beneficiary is entitled to payment under the contract, and to defer
to a subsequent semester or term the right to payment of the
beneficiary's tuition and required fees for the number of semester
credit hours remaining under the contract. The beneficiary is
responsible for payment of the amount of tuition and required fees
for the number of semester credit hours that the beneficiary elects
not to pay under the contract.
(b) This section does not affect the date on which a prepaid
tuition contract terminates under this subchapter and does not give
the beneficiary the right to any payment under the contract after
termination of the contract.
Added by Acts 1997, 75th Leg., ch. 522, § 3, eff. Sept. 1, 1997.
§ 54.6262. APPLICATION OF UNUSED CREDIT HOURS TO
GRADUATE TUITION. (a) If the beneficiary of a prepaid tuition
contract registers in a graduate or professional degree program
before the termination of the contract and the beneficiary has not
received payment under the contract for tuition and required fees
for all of the semester credit hours to which the beneficiary is
entitled, the beneficiary may apply the value of the remaining
semester credit hours under the contract to the payment of the
beneficiary's tuition and required fees in the graduate or
professional degree program.
(b) For purposes of this section, the value of a semester
credit hour under a prepaid tuition contract is equal to the average
amount of undergraduate tuition and required fees for a semester
credit hour that would have been paid under the contract if the
beneficiary registered in an undergraduate program for the same
term or semester for which the beneficiary applies the payment to
the beneficiary's tuition and required fees in a graduate or
professional degree program under this section.
(c) This section does not affect the date on which a prepaid
tuition contract terminates under this subchapter and does not give
the beneficiary the right to any payment under the contract after
termination of the contract.
Added by Acts 1997, 75th Leg., ch. 522, § 3, eff. Sept. 1, 1997.
§ 54.627. CHANGE OF BENEFICIARY. (a) The purchaser of
a prepaid tuition contract may designate a new beneficiary instead
of the original beneficiary if the new beneficiary meets the
requirements of a beneficiary on the date the designation is
changed. Except as provided by Subsection (b), the new beneficiary
must meet the requirements of Section 529 of the Internal Revenue
Code of 1986 so that the change of beneficiary is not treated as a
distribution under that law.
(b) If the purchaser is this state, a local government of
this state, or an organization exempt from taxation under Section
501(a) of the Internal Revenue Code of 1986 because it is listed in
Section 501(c)(3) of that code that purchases an interest in a
prepaid tuition contract as part of a scholarship program operated
by the government or organization, the purchaser may designate a
new beneficiary without regard to the relationship of the new
beneficiary to the original beneficiary.
(c) The board may adjust the terms of the contract so that
the purchaser is required to pay the amount the purchaser would have
been required to pay had the purchaser originally designated the
new beneficiary as the beneficiary, taking into account any
payments made before the date the designation is changed.
(d) The purchaser of a prepaid tuition contract may not sell
the contract.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 522, § 4, eff. Sept. 1,
1997.
§ 54.628. CONVERSION TO ANOTHER PLAN. (a) A purchaser
may convert a prepaid tuition contract from one plan to another
plan.
(b) The board may adjust the terms of the contract so that
the purchaser is required to pay the amount required under the plan
to which the contract is converted, taking into account any
payments made before the date the contract is converted.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.629. VERIFICATION UNDER OATH. The board may
require a purchaser to verify under oath a request to:
(1) change a beneficiary;
(2) convert a contract to another plan; or
(3) terminate a contract.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.630. PROMISE OR GUARANTEE OF ADMISSION. This
subchapter is not a promise or guarantee that a beneficiary will be:
(1) admitted to any institution of higher education or
private or independent institution of higher education;
(2) admitted to a particular institution of higher
education or private or independent institution of higher
education;
(3) allowed to continue enrollment at an institution
of higher education or private or independent institution of higher
education after admission; or
(4) graduated from an institution of higher education
or private or independent institution of higher education.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.631. CONTRACT TERMINATION. (a) A prepaid tuition
contract shall specify:
(1) the name of any person who may terminate the
contract; and
(2) the terms under which the contract may be
terminated.
(b) A prepaid tuition contract terminates on the 10th
anniversary of the date the beneficiary is projected to graduate
from high school, not counting time spent by the beneficiary as an
active duty member of the United States armed services.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.632. REFUND. (a) A prepaid tuition contract
shall specify:
(1) the name of the person entitled to any refund if
the contract is terminated;
(2) the terms under which a person is entitled to a
refund; and
(3) the method by which the amount of the refund is
calculated.
(b) The person named in the contract is entitled to a refund
following termination of a prepaid tuition contract.
(c) The board shall determine the method by which the amount
of the refund is calculated.
(d) The board shall comply with Section 529 of the Internal
Revenue Code of 1986 in imposing penalties for refunds and excess
amounts payable under Sections 54.619(d) and (e).
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 522, § 5, eff. Sept. 1,
1997.
§ 54.633. PREPAID HIGHER EDUCATION TUITION SCHOLARSHIPS
FOR STUDENTS. (a) To the extent money is available, the board or
the board of a direct-support organization established by the board
under Subsection (e) may award a prepaid higher education tuition
scholarship to a student who meets:
(1) economic or academic requirements adopted by the
board; or
(2) economic or academic requirements established by
the board of a direct-support organization that are approved by the
board.
(b) A scholarship awarded under this section terminates if
the student to whom the scholarship is awarded is:
(1) convicted of, or adjudicated as having engaged in
delinquent conduct constituting, an offense under Chapter 481,
Health and Safety Code; or
(2) convicted of, or adjudicated as having engaged in
delinquent conduct constituting, a felony or Class A misdemeanor.
(c) The board shall ensure that each region of the state is
equitably represented in the awarding of scholarships under this
section.
(d) Scholarships under this section may be funded by the
private sector, the state, or a local government of the state.
(e) The board may establish a direct-support organization
under the Texas Non-Profit Corporation Act (Article 1396-1.01 et
seq., Vernon's Texas Civil Statutes) to:
(1) receive, hold, invest, and administer money,
gifts, grants, loans, or other property for or on behalf of the
program;
(2) purchase and award scholarships under this
section; and
(3) establish economic and academic eligibility
requirements that are approved by the board.
(f) The board of directors of the direct-support
organization consists of:
(1) the comptroller;
(2) a member appointed by the governor with the advice
and consent of the senate; and
(3) three members appointed jointly by the comptroller
and the member appointed by the governor.
(g) The comptroller serves as executive director of the
board of the direct-support organization. The comptroller shall:
(1) select and assign employees of the comptroller to
serve as the staff to the board of the direct-support organization;
(2) select and supervise the staff of the board of the
direct-support organization and perform other duties delegated to
the comptroller by the board of the direct-support organization;
and
(3) provide to the board of the direct-support
organization and to that board's staff, as necessary, information
regarding that board's qualifications for office or employment
under this subchapter and responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
(h) The board of the direct-support organization shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board of the direct-support
organization and the management responsibilities of the
comptroller and the staff of the board of the direct-support
organization.
(i) The board must certify that the direct-support
organization operates in a manner consistent with the goals of this
state and in the best interests of this state.
(j) The board may contract with an independent certified
public accountant to annually audit the direct-support
organization under rules adopted by the board. The board shall
submit the audit to the comptroller, governor, lieutenant governor,
speaker of the house of representatives, Legislative Budget Board,
Legislative Audit Committee, state auditor, and Texas Higher
Education Coordinating Board. The comptroller or state auditor may
require the direct-support organization or independent certified
public accountant to provide additional information relating to the
operation of the organization.
(k) The identity of a donor under this section who desires
to remain anonymous and the records of the direct-support
organization, other than the records disclosed under Subsection
(j), are confidential.
(l) A prepaid tuition contract may be purchased for
scholarship purposes under this section without identifying a
specific beneficiary.
(m) In awarding a scholarship under this section, the
awarding entity may not award a scholarship using funds derived
from this state or a local government unless the awarding entity
determines, using sound actuarial principles, that awarding the
scholarship will not jeopardize the soundness of the fund or
require an appropriation from the state to cover the tuition and
required fees.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 522, § 6, eff. Sept. 1,
1997.
§ 54.634. ESTABLISHMENT OF TRUST FUND; COLLEGE SAVINGS
PLAN ACCOUNT. (a) The Texas tomorrow constitutional trust fund
is created as a trust fund to be held with the comptroller. The fund
consists of:
(1) state appropriations for purposes of the fund;
(2) money acquired from other governmental or private
sources;
(3) money paid under prepaid tuition contracts; and
(4) the income from money deposited in the fund.
(b) The board shall administer the assets of the fund. The
board is the trustee of the fund's assets.
(c) The board may:
(1) segregate contributions and payments to the fund
into various accounts; and
(2) acquire, hold, manage, purchase, sell, assign,
trade, transfer, and dispose of any security, evidence of
indebtedness, or other investment in which the fund's assets may be
invested.
(d) The Texas college savings plan account is created within
the Texas tomorrow constitutional trust fund and is financed
through administrative fees and service charges as authorized by
Section 54.702(c).
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1250, § 4, eff. June 15,
2001.
§ 54.635. COMPTROLLER. (a) Except as provided by
Subsection (d), the comptroller is the custodian of the assets of
the fund.
(b) The comptroller shall pay money from the fund on a
warrant drawn by the comptroller supported only on a voucher signed
by the comptroller or the comptroller's authorized representative.
(c) The comptroller annually shall furnish to the board a
sworn statement of the amount of the fund's assets in the
comptroller's custody.
(d) The board may select one or more commercial banks,
depository trust companies, or other entities to serve as custodian
of all or part of the fund's assets.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1423, § 5.13, eff. Sept. 1,
1997.
§ 54.636. INVESTMENT OF FUND ASSETS. (a) The board
shall invest the assets of the fund.
(b) The board may contract with private professional
investment managers to assist the board in investing the assets of
the fund.
(c) The board shall develop written investment objectives
concerning the investment of the assets of the fund. The objectives
may address desired rates of return, risks involved, investment
time frames, and any other relevant considerations.
(d) The comptroller shall develop a comprehensive plan for
the investment of the assets of the fund consistent with the
objectives developed by the board under Subsection (c). The plan
shall specify the policies under which the board shall invest the
assets of the fund. The board must approve the plan.
(e) In making investments of the assets of the fund, the
board shall exercise the judgment and care, under the circumstances
at the time of the investment, that a person of ordinary prudence,
discretion, and intelligence would exercise in the management of
the person's own affairs, not for speculation but for making a
permanent disposition of funds, considering the probable income
from the disposition and the probable safety of capital.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 522, § 7, eff. Sept. 1,
1997.
§ 54.637. USE OF FUND ASSETS. The assets of the fund may
be used only to:
(1) pay the costs of program administration and
operations;
(2) make payments to institutions of higher education
or private or independent institutions of higher education on
behalf of beneficiaries; and
(3) make refunds under prepaid tuition contracts.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.6385. EXEMPTION FROM SECURITIES LAWS. The
registration requirements of The Securities Act (Article 581-1 et
seq., Vernon's Texas Civil Statutes) do not apply to the sale of a
prepaid tuition contract by the board or by a registered securities
dealer or registered investment adviser.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1091, § 4.01, eff. Sept. 1,
2001.
§ 54.639. EXEMPTION FROM CREDITORS' CLAIMS. (a) Money
in the fund is exempt from claims of creditors, including claims of
creditors of a purchaser, a beneficiary, or a successor in interest
of a purchaser or beneficiary.
(b) The rights of a purchaser, beneficiary, or successor in
interest of a purchaser or beneficiary in and under a prepaid
tuition contract and the payment of tuition and required fees for a
beneficiary under a prepaid tuition contract to an institution of
higher education or a private or independent institution of higher
education under this chapter are exempt from attachment, levy,
garnishment, execution, and seizure for the satisfaction of any
debt, judgment, or claim against a purchaser, beneficiary, or
successor in interest of a purchaser or beneficiary.
(c) A claim or judgment against a purchaser, beneficiary, or
a successor in interest of a purchaser or beneficiary does not
impair or entitle the claim or judgment holder to assert or enforce
a lien against:
(1) the rights of a purchaser, beneficiary, or
successor in interest of a purchaser or beneficiary in and under a
prepaid tuition contract; or
(2) the right of a beneficiary to the payment of
tuition and required fees to an institution of higher education or a
private or independent institution of higher education under a
prepaid tuition contract.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 522, § 8, eff. Sept. 1,
1997.
§ 54.640. ACTUARIAL SOUNDNESS OF FUND. (a) The board
shall administer the fund in a manner that is sufficiently
actuarially sound to pay the costs of program administration and
operations and meet the obligations of the program.
(b) The board shall annually evaluate the actuarial
soundness of the fund.
(c) The board may adjust the terms of subsequent prepaid
tuition contracts as necessary to ensure the actuarial soundness of
the fund.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.6401. COMPLIANCE WITH LIMITS ON CONTRIBUTIONS AND
WITHDRAWALS. The board shall monitor contributions to and
withdrawals from the fund and any account within the fund to ensure
that any applicable limits on contributions or withdrawals are not
exceeded.
Added by Acts 2001, 77th Leg., ch. 1250, § 5, eff. June 15, 2001.
§ 54.641. STATEMENT REGARDING STATUS OF PREPAID TUITION
CONTRACT. (a) Not later than January 1 of each year, the board
shall furnish without charge to each purchaser a statement of:
(1) the amount paid by the purchaser under the prepaid
tuition contract;
(2) the number of credit hours originally covered by
the contract;
(3) the number of credit hours remaining under the
contract; and
(4) any other information the board determines by rule
is necessary or appropriate.
(b) The board shall furnish a statement complying with
Subsection (a) to a purchaser or beneficiary on written request.
The board may charge a reasonable fee for each statement furnished
under this subsection.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 522, § 9, eff. Sept. 1,
1997.
§ 54.642. REPORTS. (a) Not later than December 1 of
each year, the board shall submit to the governor, lieutenant
governor, speaker of the house of representatives, Legislative
Budget Board, Legislative Audit Committee, state auditor, and Texas
Higher Education Coordinating Board a report including:
(1) the board's fiscal transactions during the
preceding fiscal year;
(2) the market and book value of the fund as of the end
of the preceding fiscal year;
(3) the asset allocations of the fund expressed in
percentages of stocks, fixed income, cash, or other financial
investments;
(4) the rate of return on the investment of the fund's
assets during the preceding fiscal year; and
(5) an actuarial valuation of the assets and
liabilities of the program, including the extent to which the
program's liabilities are unfunded.
(b) The board shall make the report described by Subsection
(a) available to purchasers of prepaid tuition contracts.
(c) Not later than December 1 of each year, the board shall
provide to the Texas Higher Education Coordinating Board complete
prepaid tuition contract sales information, including projected
enrollments of beneficiaries at institutions of higher education.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
§ 54.643. CONFIDENTIALITY. (a) Records in the custody
of the board relating to the participation of specific purchasers
and beneficiaries in the program are confidential.
(b) Notwithstanding Subsection (a), the board may release
information described by that subsection to an institution of
higher education in which a beneficiary may enroll or is enrolled.
The institution of higher education shall keep the information
confidential.
(c) Notwithstanding any other provision of this subchapter,
the board may release information to the Internal Revenue Service
and to any state tax agencies as required by applicable tax law.
Added by Acts 1995, 74th Leg., ch. 1032, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 522, § 10, eff. Sept. 1,
1997.
§ 54.644. TAX EXEMPT STATUS REQUIREMENTS. (a) The
provisions of this section are intended to meet the requirements of
Section 529 of the Internal Revenue Code of 1986.
(b) A payment of an amount due to the fund for a prepaid
tuition contract must be made in cash. A person may not make a
payment to the fund in excess of the amounts required to be paid
under a prepaid tuition contract.
(c) The board shall maintain a separate accounting for each
beneficiary.
(d) The purchaser of a prepaid tuition contract and the
beneficiary of the contract may not control or direct the
investment of payments under the contract or any earnings of the
fund.
(e) The purchaser of a prepaid tuition contract and the
beneficiary of the contract may not use any interest in the contract
as security for a loan or other obligation.
(f) The board shall make reports required by the secretary
of the United States Treasury.
Added by Acts 1997, 75th Leg., ch. 522, § 11, eff. Sept. 1, 1997.
SUBCHAPTER G. HIGHER EDUCATION SAVINGS PLAN
§ 54.701. DEFINITIONS. In this subchapter:
(1) "Beneficiary" means an individual designated as
the individual whose qualified higher education expenses are
expected to be paid from the savings trust account.
(2) "Board" means the Prepaid Higher Education Tuition
Board.
(3) "Eligible educational institution" has the
meaning assigned by Section 529, Internal Revenue Code of 1986, as
amended.
(4) "Financial institution" means a bank, trust
company, savings and loan association, credit union,
broker-dealer, mutual fund, insurance company, or other similar
financial institution authorized to transact business in this
state.
(5) "Nonqualified withdrawal" means a withdrawal from
a savings trust account other than:
(A) a qualified withdrawal;
(B) a withdrawal made as the result of the death
or disability of the beneficiary of the account; or
(C) a withdrawal made due to a scholarship or to
an allowance or payment described by Section 135(d)(1)(B) or (C),
Internal Revenue Code of 1986, as amended, received by the
beneficiary to the extent the amount of the withdrawal does not
exceed the amount of the scholarship, allowance, or payment, in
accordance with federal law.
(6) "Plan" means the higher education savings plan
established under this subchapter.
(7) "Plan manager" means a financial institution under
contract with the board to serve as plan administrator.
(8) "Qualified higher education expenses" means
tuition, fees, or expenses for books, supplies, and equipment
required for the enrollment or attendance of an individual at an
eligible educational institution, the costs of room and board, and
any other higher education expenses that may be permitted under
Section 529, Internal Revenue Code of 1986, as amended.
(9) "Qualified withdrawal" means a withdrawal from a
savings trust account to pay the qualified higher education
expenses of the beneficiary of the account.
(10) "Savings trust account" means an account
established through the plan by an individual under this subchapter
on behalf of a beneficiary in order to apply distributions from the
account toward qualified higher education expenses at eligible
educational institutions.
(11) "Savings trust agreement" means the agreement
between an individual establishing a savings trust account and the
board.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.702. POWERS AND DUTIES OF BOARD. (a) The board
shall:
(1) develop and implement the plan in a manner
consistent with this subchapter;
(2) select the financial institution or institutions
to serve as plan manager; and
(3) adopt rules governing withdrawal of money from a
savings trust account and develop policies and penalties for
nonqualified withdrawals.
(b) The board may seek rulings and other guidance from the
United States Department of the Treasury, the Internal Revenue
Service, and the Securities and Exchange Commission relating to the
plan as necessary for proper implementation and development of the
plan. The board shall make changes to the plan as necessary for
savings trust account owners and beneficiaries of the plan to
obtain or maintain federal income tax benefits or treatment
provided by Section 529, Internal Revenue Code of 1986, as amended,
and exemptions under federal securities laws.
(c) The board shall collect administrative fees and service
charges in connection with any agreement, contract, or transaction
relating to the plan in amounts not exceeding the cost of
establishing and maintaining the plan.
(d) A savings trust agreement must be developed and approved
by the board. The board shall review for compliance with applicable
law and must approve in advance any informational materials that a
plan manager provides to participants or potential participants in
the plan.
(e) The board shall adopt a policy to prevent contributions
to an account on behalf of a beneficiary in excess of those
necessary to pay the qualified higher education expenses of the
beneficiary.
(f) The board shall monitor contributions to and
withdrawals from the plan and each plan account to ensure that any
applicable limits on contributions or withdrawals are not exceeded.
(g) The board shall prepare and file statements and
information returns relating to accounts to the extent required by
federal or state tax law.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.703. OPERATION OF PLAN; ACCOUNTS HELD IN
TRUST. (a) The board shall administer a higher education savings
plan to enable individuals to save money for the qualified higher
education expenses of an individual by establishing a savings trust
account in the plan.
(b) Money contributed to a savings trust account and
earnings on the account are held in trust by the board for the sole
benefit of the account owner and beneficiary.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.704. SELECTION OF FINANCIAL INSTITUTION AS PLAN
MANAGER. (a) The board shall contract with one or more financial
institutions to serve as plan manager and to invest the money in
savings trust accounts. The board shall ensure that investments by
a plan manager are made with the judgment and care that persons of
prudence, discretion, and intelligence exercise in the management
of the property of another, not in regard to speculation but in
regard to the permanent disposition of funds, considering the
probable income as well as the probable safety of capital.
(b) The board shall solicit proposals from financial
institutions to serve as plan managers.
(c) The board shall select a plan manager or managers from
among bidding financial institutions that demonstrate the most
advantageous combination to account owners and beneficiaries,
based on the following factors:
(1) financial stability and integrity;
(2) the ability of the financial institution, directly
or through a subcontract, to satisfy recordkeeping and reporting
requirements;
(3) the financial institution's strategy for promoting
the plan and the investment that the financial institution is
willing to make to promote the plan;
(4) the historic ability of the portfolios or
investment strategies to be used by the financial institution to
track the estimated costs of higher education as calculated by the
United States Department of Education;
(5) the fees, if any, proposed to be charged to account
owners for maintaining accounts;
(6) the minimum contributions that the financial
institution will require and the willingness of the financial
institution to accept contributions through payroll deduction
plans or systematic deposit plans; and
(7) any other proposed benefits to this state or to its
residents.
(d) The board may require that any financial institution
selected provide several investment options to account owners,
taking into consideration the age of the beneficiary and the number
of years remaining until likely enrollment at an eligible
educational institution. To the extent permitted by federal law,
the investment options may include mutual funds, fixed annuities,
variable annuities, and variable life insurance policies.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.705. DUTIES OF PLAN MANAGER. (a) A plan manager
shall:
(1) take all actions required to keep the plan in
compliance with this subchapter, to ensure that the plan qualifies
as a qualified state tuition program under Section 529, Internal
Revenue Code of 1986, as amended, and to ensure that the plan is
exempt from registration under federal securities law;
(2) keep adequate and separate records of each savings
trust account and provide the board with the information necessary
to prepare the reports required by Section 529, Internal Revenue
Code of 1986, as amended, or to file those reports on behalf of the
board;
(3) compile necessary information for statements to
account owners and statements required by federal or state tax law
and provide those compilations to the board; and
(4) provide representatives of the board with access
to the books and records of the manager as necessary to determine
compliance with the plan manager contract.
(b) A plan manager shall hold all savings trust accounts in
trust as authorized by the board in the plan manager contract. A
plan manager shall make investments according to the standard
provided by Section 54.704(a).
(c) A plan manager shall develop a strategy to promote the
plan and, on approval by the board, promote the plan according to
that strategy.
(d) A plan manager may provide for any financial institution
to market the plan on its behalf and to provide account services to
an individual who opens or owns a savings trust account
administered by the plan manager. A financial institution that
markets the plan or provides account services under this subsection
may charge a fee or commission for those services.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.706. CONTRACT BETWEEN BOARD AND PLAN
MANAGER. (a) A contract between the board and a financial
institution to act as a plan manager under this subchapter must be
for a term of at least five years and may be renewable.
(b) If the contract is not renewed, the following conditions
apply at the end of the term of the contract, so long as applying the
conditions does not disqualify the plan as a qualified state
tuition program under Section 529, Internal Revenue Code of 1986,
as amended:
(1) the board shall continue to maintain the plan at
the financial institution;
(2) accounts previously established at the financial
institution may not be terminated, except as provided by
Subdivision (5) or Subsection (c);
(3) additional contributions may be made to the
accounts;
(4) new accounts may not be opened with that financial
institution; and
(5) if the board determines that continuing the
accounts at that financial institution is not in the best interest
of the account owners, the accounts may be transferred to another
financial institution acting as a plan manager.
(c) The board may cancel a plan manager contract with a
financial institution for a violation of the contract or a
provision of this subchapter by the financial institution at any
time. If a contract is terminated under this subsection, the board
shall take custody of accounts held at that financial institution
and shall promptly seek to transfer the accounts to another
financial institution acting as a plan manager and into investment
instruments as similar to the original investment instruments as
possible.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.707. SAVINGS TRUST ACCOUNTS. (a) An individual
may open a savings trust account to save money for the payment of
the qualified higher education expenses of a beneficiary. The
individual who opens the account is the owner of the account. The
owner of the account may also be the beneficiary.
(b) An individual may open an account by entering into a
savings trust agreement with the board as prescribed and approved
by the board and making the minimum contribution required by the
plan manager selected by the individual to open an account.
(c) A savings trust agreement must include the following
terms:
(1) the name and address of the savings trust account
owner;
(2) the name, address, and date of birth of the
beneficiary on whose behalf the account is opened;
(3) the maximum and minimum contributions allowed to
the account;
(4) provisions for withdrawals, refunds, transfers,
and any penalties;
(5) terms and conditions for a substitution of the
beneficiary originally named;
(6) terms and conditions for termination of the
account, including any refunds, withdrawals, or transfers, and
applicable penalties, and the name of the person or persons
entitled to terminate the account;
(7) all other rights and obligations of the account
owner, the plan manager, and the board; and
(8) any other terms and conditions the board considers
necessary or appropriate, including those necessary to conform the
savings trust account to the requirements of Section 529, Internal
Revenue Code of 1986, as amended, or other applicable federal law.
(d) An account owner may change the designated beneficiary
of an account as provided by Section 529, Internal Revenue Code of
1986, as amended, in accordance with procedures established by the
board.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.708. CONTRIBUTIONS AND WITHDRAWALS; PENALTY FOR
NONQUALIFIED WITHDRAWAL. (a) Contributions to a savings trust
account may be made only in cash or by electronic funds transfer.
An employee of the state or a political subdivision of the state may
make contributions to a savings trust account by payroll deductions
made by the appropriate officer of the state or political
subdivision.
(b) An account owner may withdraw all or part of the balance
of an account on prior notice as authorized by board rules. The
board shall adopt rules governing the determination whether a
withdrawal is a qualified withdrawal or a nonqualified withdrawal.
The rules may require an account owner requesting to make a
qualified withdrawal to provide a certification of qualified higher
education expenses.
(c) In the case of a nonqualified withdrawal from an
account, an amount equal to 10 percent of the portion of the
withdrawal constituting income as determined in accordance with
Section 529, Internal Revenue Code of 1986, as amended, shall be
withheld as a penalty.
(d) The amount of the penalty prescribed by Subsection (c)
may be increased if the board determines that the increased penalty
is necessary to constitute a greater than de minimis penalty for
purposes of qualifying the plan as a qualified state tuition
program under Section 529, Internal Revenue Code of 1986, as
amended.
(e) The amount of the penalty prescribed by Subsection (c)
may be decreased by board rule if the board determines that:
(1) the amount of the penalty prescribed by Subsection
(c) is greater than required to constitute a greater than de minimis
penalty for purposes of qualifying the plan as a qualified state
tuition program under Section 529, Internal Revenue Code of 1986,
as amended; and
(2) the penalty together with other revenue generated
under this subchapter is producing more revenue than required to
cover the costs of operating the plan and to recover any prior costs
not previously recovered.
(f) Penalties collected under this subchapter shall be used
to cover costs of administering this subchapter, and any excess
shall be treated as earnings of the savings trust accounts in the
plan.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.709. ADMINISTRATION OF ACCOUNTS. (a) A plan
manager shall provide separate accounting for each savings trust
account.
(b) An account owner or beneficiary may not direct the
investment of any contributions to or earnings on an account.
(c) If the board terminates the contract of a financial
institution to act as a plan manager and accounts must be
transferred from that financial institution to another financial
institution, the board shall select the financial institution to
which the balances of the accounts are transferred.
(d) A savings trust agreement must provide that, if after a
specified period the savings trust agreement has not been
terminated and the beneficiary's rights in the account have not
been exercised, the board, after making reasonable efforts to
contact the owner and beneficiary of the account or their agents,
shall report the unclaimed money in the account to the comptroller.
(e) Money in a savings trust account is exempt from
attachment, execution, and seizure for the satisfaction of debt or
liability of an account owner or beneficiary.
(f) A savings trust account may not be assigned for the
benefit of creditors, used as security or collateral for any loan,
or otherwise subject to alienation, sale, transfer, assignment,
pledge, encumbrance, or charge.
(g) A distribution from an account to any individual or for
the benefit of any individual during a calendar year shall be
reported to the Internal Revenue Service and to the account owner or
the beneficiary to the extent required by federal law.
(h) A plan manager shall provide an annual statement to each
account owner not later than the January 31 after the end of each
calendar year and may provide statements more frequently than
annually. A statement must identify the contributions made during
the reporting period, the total contributions made through the end
of the reporting period, the value of the account at the end of the
reporting period, withdrawals made during the reporting period, and
any other information the board requires.
(i) Notwithstanding Subsection (b), if Section 529,
Internal Revenue Code of 1986, as amended, is amended to permit an
account owner to direct the investment of a contribution to or an
account balance in a qualified state tuition program, the board in
each subsequent plan manager contract shall provide that each plan
manager must provide a savings trust account owner with the ability
to direct the investment of a contribution to the account or the
balance in the account among a wide variety of investment options.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.710. PLAN LIMITATIONS. (a) Nothing in this
subchapter or in any savings trust agreement entered into under
this subchapter may be construed to:
(1) give a beneficiary any rights or legal interest
with respect to a savings trust account unless the beneficiary is
the account owner;
(2) guarantee that amounts saved under the plan will
be sufficient to cover the qualified higher education expenses of a
beneficiary; or
(3) establish state residency for tuition or other
purposes for a beneficiary because of the designation as a
beneficiary.
(b) Nothing in this subchapter or in any savings trust
agreement entered into under this subchapter may be construed to
create any obligation of the state, any agency or instrumentality
of the state, or a plan manager to guarantee for the benefit of an
account owner or beneficiary:
(1) the return of any amount contributed to an
account;
(2) the rate of interest or other return on an account;
(3) the payment of interest or other return on an
account; or
(4) tuition rates or the cost of related education
expenditures.
(c) The board by rule shall require that every savings trust
agreement, deposit slip, and other similar document used in
connection with a contribution to an account clearly indicate that
the account is not insured by this state and that neither the
principal deposited nor the investment return is guaranteed by this
state.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.711. NO PROMISE OF ADMISSION, ENROLLMENT, OR
GRADUATION. The opening or maintenance of a savings trust account
does not promise or guarantee that a beneficiary of the account
will:
(1) be admitted to any eligible educational
institution;
(2) be admitted to a particular eligible educational
institution;
(3) be allowed to continue enrollment at an eligible
educational institution after admission; or
(4) receive a degree or certificate from an eligible
educational institution.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.712. RESIDENCY NOT REQUIRED. A savings trust
account owner or beneficiary is not required to be a resident of
this state.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.713. POLICIES FOR PROMOTION AND DISCLOSURE OF
INFORMATION. The board shall adopt policies for promotion of the
plan and the disclosure of plan information to savings trust
account owners and beneficiaries in a manner consistent with this
subchapter and the requirements of Section 529, Internal Revenue
Code of 1986, as amended, to ensure that:
(1) promotional material and plan information
disclose that no money invested in the plan is insured by this state
and that neither the principal deposited nor the investment
returned is guaranteed by this state; and
(2) any fees imposed under this subchapter are
disclosed in promotional material and plan information provided to
the public and to account owners and beneficiaries.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.714. CONFIDENTIALITY OF RECORDS. (a) Except as
otherwise provided by this section, all information relating to the
plan is public and subject to disclosure under Chapter 552,
Government Code.
(b) Information relating to a beneficiary or owner of a
savings trust account, including any personally identifiable
information about an owner or beneficiary, is confidential except
that the board may disclose that information to an account owner
regarding the owner's account.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.715. TERMINATION OR MODIFICATION OF PLAN. If the
comptroller determines that the plan is not financially feasible,
the comptroller shall notify the governor and the legislature and
recommend that the board not administer a higher education savings
plan or that the plan be modified or terminated.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
§ 54.716. EFFECT OF TERMINATION OF PLAN ON SAVINGS TRUST
AGREEMENT. If the plan is terminated, the balance of each savings
trust account shall be paid to the account owner, to the extent
possible, and any unclaimed assets shall escheat to the state in
accordance with general law regarding unclaimed property.
Added by Acts 2001, 77th Leg., ch. 1250, § 1, eff. June 15, 2001.
