HBA-JLV, CBW H.B. 51 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 51
By: Chavez
Higher Education
2/12/2001
Introduced



BACKGROUND AND PURPOSE 

Current state law does not provide tuition and fee exemptions for children
of  Texas public school instructional employees  who are enrolled as
undergraduate students.  There are concerns that rising costs of a college
education combined with low teacher salaries and benefits may make
financing a child's education difficult.  House Bill 51 provides
undergraduate tuition and fee exemptions for children of public school
instructional employees who have been employed in that capacity for a
certain length of time. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 1 (Section 54.220, Education Code)   and SECTION 2 of this
bill. 

ANALYSIS

House Bill 51 amends the Education Code to exempt from tuition and fees the
children of certain professional instructional employees enrolled at a
public institution of higher education. The bill authorizes the governing
board of an institution of higher education (board) to exempt a person who
is a resident of this state and a child of an eligible employee from all
tuition or from all tuition and required fees when the person is enrolled
as an undergraduate student at the institution.  The bill requires the
board to adopt a policy and procedures for the award of the exemptions if
the board  elects to provide exemptions.  In addition, the policy of the
institution must include the eligibility requirements as set forth in this
bill.  

The bill sets forth eligibility requirements for persons exempted from
payment of all tuition, and for persons exempted from payment of all
tuition and required fees. The bill provides that a person is not eligible
for an exemption if the person has already received an exemption for 10
semesters or other equivalent academic sessions at any institution or
institutions of higher education, or if the person has received a
baccalaureate degree. 

The bill authorizes an institution of higher education to adopt a policy
under which a person who receives an exemption is eligible for a refund of
the money the person paid to the institution for tuition or tuition and
required fees as a resident student in the three-year period preceding the
beginning of the first semester or session for which the person receives
the exemption. The bill establishes that a person eligible for such a
refund must apply to the institution from which the refund is sought prior
to the expiration of one year after the person becomes eligible for the
refund. 
The bill authorizes the institution to pay the refund from any available
funds of the institution. 

The bill requires the  Texas Higher Education Coordinating Board (THECB) to
adopt rules governing the determination for eligibility for an exemption
and  to adopt a uniform application form for an exemption. The bill
authorizes an institution of higher education to receive state-appropriated
funds for the purposes of these provisions as determined by the
legislature. Moreover, an institution is authorized to seek and accept
gifts and grants from any source to fund exemptions from tuition or fees or
refunds of tuition and fees.  The bill requires THECB to adopt rules and
forms no later than January 1, 2002.  The bill prohibits a person from
receiving a refund of tuition or tuition and fees paid to an institution of
higher education for the term or semester before the 2002 fall semester.
The bill sets forth that the Act does not make an appropriation or require
the legislature to appropriate money for exemptions and refunds. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the fall
semester 2002.