reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter B. Administrative Provisions › Section 53B.11. Creation of Authority

Sec. 53B.11.  CREATION OF AUTHORITY.  When the governing body of a city finds that it is to the best interest of the city and its inhabitants to create a higher education loan authority, it shall pass an ordinance creating the authority and designating the name by which it shall be known.  If the governing bodies of two or more cities find that it is to the best interest of the cities to create an authority to include those cities, each governing body shall pass an ordinance creating the authority and designating the name by which it shall be known.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter B. Administrative Provisions › Section 53B.12. Territory

Sec. 53B.12.  TERRITORY.  The authority comprises only the territory included within the boundaries of the city or cities creating it.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter B. Administrative Provisions › Section 53B.13. Corporate Powers

Sec. 53B.13.  CORPORATE POWERS.  An authority is a body politic and corporate having the power of perpetual succession.  It shall have a seal; it may sue and be sued; and it may make, amend, and repeal its bylaws.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter B. Administrative Provisions › Section 53B.131. Authority's Earnings

Sec. 53B.131.  AUTHORITY'S EARNINGS.  A private person may not share in any of an authority's earnings.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter B. Administrative Provisions › Section 53B.14. Board of Directors

Sec. 53B.14.  BOARD OF DIRECTORS.  (a)  The authority shall be governed by a board of directors consisting of not less than 7 nor more than 11 members to be determined at the time of creating the authority.  The directors shall be appointed by the governing body of the city or by the governing bodies of the cities, and they shall serve until their successors are appointed as provided by this section.  If the authority includes more than one city, each governing body shall appoint an equal number of directors unless otherwise agreed by the cities.
(b)  The members of the board serve for two-year terms.
(c)  No officer or employee of any such city is eligible for appointment as a director.  Directors are not entitled to compensation for services but are entitled to reimbursement for expenses incurred in performing such service.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter B. Administrative Provisions › Section 53B.15. Organization of Board; Quorum; Employees; Counsel

Sec. 53B.15.  ORGANIZATION OF BOARD; QUORUM; EMPLOYEES; COUNSEL.  (a)  The board shall elect from among its members a president and vice president, and shall elect a secretary and a treasurer who may or may not be directors, and may elect other officers as authorized by the authority's bylaws.  The offices of secretary and treasurer may be combined.
(b)  The president has the same right to vote on all matters as other members of the board.
(c)  A majority constitutes a quorum, and when a quorum is present action may be taken by a majority vote of directors present.
(d)  The board may employ employees, experts, and agents as it sees fit.  It may delegate to the manager the power to employ and discharge employees.
(e)  The board may employ legal counsel.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.31. No Taxing Power

Sec. 53B.31.  NO TAXING POWER.  An authority has no power to tax.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.32. No Power of Eminent Domain

Sec. 53B.32.  NO POWER OF EMINENT DOMAIN.  The authority does not have the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.35. Issuance of Bonds; Procedure; Etc

Sec. 53B.35.  ISSUANCE OF BONDS; PROCEDURE; ETC.  The bonds shall be authorized by resolution adopted by a majority vote of a quorum of the board.  Bonds authorized under this section shall be issued in accordance with Chapter 1201, Government Code. The bonds shall mature serially or otherwise in not to exceed 50 years.  The rate of interest to be borne by the bonds shall not exceed the maximum rate prescribed by Chapter 1204, Government Code.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.37. Junior Lien Bonds; Parity Bonds

Sec. 53B.37.  JUNIOR LIEN BONDS; PARITY BONDS.  Bonds constituting a junior lien on the net revenue or properties may be issued unless prohibited by the bond resolution or trust indenture.  Parity bonds may be issued under conditions specified in the bond resolution or trust indenture.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.38. Reserves for Operating and Other Expenses

Sec. 53B.38.  RESERVES FOR OPERATING AND OTHER EXPENSES.  Money for the payment of not more than two years' interest on the bonds and an amount estimated by the board to be required for operating expenses during the first year of operation may be set aside for those purposes out of the proceeds from the sale of the bonds.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.39. Refunding Bonds

Sec. 53B.39.  REFUNDING BONDS.  Bonds may be issued for the purpose of refunding outstanding bonds in the manner provided in this chapter for other bonds, and may be exchanged by the comptroller or sold and the proceeds applied in accordance with the procedure prescribed by Subchapter B or C, Chapter 1207, Government Code.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.40. Approval of Bonds; Registration; Negotiability

Sec. 53B.40.  APPROVAL OF BONDS; REGISTRATION; NEGOTIABILITY.  Bonds issued under this chapter and the record relating to their issuance shall be submitted to the attorney general, and if he finds that they have been issued in accordance with this chapter and constitute valid and binding obligations of the authority and are secured as recited therein he shall approve them, and they shall be registered by comptroller of public accounts who shall certify the registration thereon.  Thereafter, they are incontestable.  The bonds shall be negotiable and shall contain the following provision:  "The holder hereof shall never have the right to demand payment thereof out of money raised or to be raised by taxation."
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.41. Authorized Investments

Sec. 53B.41.  AUTHORIZED INVESTMENTS.  All bonds issued under this chapter are legal and authorized investments for all banks, savings banks, trust companies, building and loan associations, savings and loan associations, and insurance companies of all kinds and types, and for the interest and sinking funds and other public funds of any issuer.  The bonds are also eligible and lawful security for all deposits of public funds of the State of Texas and of any issuer, to the extent of the value of the bonds, when accompanied by any unmatured interest coupons appurtenant to them.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.42. Investment of Funds; Security

Sec. 53B.42.  INVESTMENT OF FUNDS; SECURITY.  To the extent it is applicable, the law as to the security for and the investment of funds, applicable to cities, controls the investment of funds belonging to authority.  The bond resolution or the indenture or both may further restrict the making of investments.  The authority may invest the proceeds of its bonds, until the money is needed, in the direct obligations of or obligations unconditionally guaranteed by the United States, to the extent authorized in the bond resolution or indenture or in both.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.43. Depositories

Sec. 53B.43.  DEPOSITORIES.  The authority may select a depository or depositories according to the procedures provided by law for the selection of city depositories, or it may award its depository contract to the same depository or depositories selected by the city or cities and on the same terms.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.45. Transactions With Other Agencies and Persons

Sec. 53B.45.  TRANSACTIONS WITH OTHER AGENCIES AND PERSONS.  The authority may borrow money and accept grants from, and enter into contracts, leases, or other transactions with the United States, the State of Texas, any municipal corporation in the state, and any public or private person or corporation resident or authorized to do business in the state.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 53B - Higher Education Loan Authorities › Subchapter C. Powers and Duties › Section 53B.48. Qualified Nonprofit Corporation Acting for or on Behalf of Two or More Cities

Sec. 53B.48.  QUALIFIED NONPROFIT CORPORATION ACTING FOR OR ON BEHALF OF TWO OR MORE CITIES.  (a) A qualified nonprofit corporation described by Section 53B.47(e) that has agreed to exercise the powers enumerated under Section 53B.47 for and on behalf of two or more cities may withdraw from acting for and on behalf of any of those cities if the governing body of the applicable city consents to the withdrawal and rescinds its earlier request that the nonprofit corporation act for and on behalf of the city.  A nonprofit corporation that completes a withdrawal described by this subsection continues to act under the authority of Section 53B.47(e) for and on behalf of the remaining city or cities.
(b)  Following the qualified nonprofit corporation's withdrawal under this section from acting for and on behalf of a city:
(1)  the applicable city is no longer:
(A)  entitled to participate in the appointment or removal of a member of the board of directors of the nonprofit corporation under Section 53B.47(e); or
(B)  authorized or required to participate in the approval of the issuance of revenue bonds or other borrowings by the nonprofit corporation under Section 53B.47(a); and
(2)  members of the board of directors of the nonprofit corporation who were appointed by that city are no longer considered to be qualified directors of the nonprofit corporation.
(c)  A qualified nonprofit corporation that withdraws from acting for and on behalf of a city may change the size of its board of directors to reflect the withdrawal, provided that its bylaws at all times require at least three directors. The governing body or bodies of the city or cities for and on behalf of which the nonprofit corporation continues to act retain the power to:
(1)  appoint and remove the directors of the nonprofit corporation as provided by Section 53B.47(e); and
(2)  approve the issuance of revenue bonds or other borrowings by the nonprofit corporation as provided by Section 53B.47(a).
Added by Acts 2015, 84th Leg., R.S., Ch. 420 (H.B. 3245), Sec. 1, eff. June 10, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.001. Definitions

Sec. 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, Sec. 1, eff. Sept. 1, 1971.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.0015. Adoption of Certain Definitions by Rule

Sec. 54.0015.  ADOPTION OF CERTAIN DEFINITIONS BY RULE.  In consultation with representatives of institutions of higher education, the Texas Higher Education Coordinating Board by rule shall adopt definitions related to the resident status of students for purposes of this title and to tuition and fee exemptions and waivers for students under this chapter as necessary to ensure consistency in the application of this chapter and other related state laws and policies.
Added by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.002. Applicability of Chapter

Sec. 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, Sec. 1, eff. Sept. 1, 1971.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.003. Tuition and Charges to Be Authorized by Law

Sec. 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, Sec. 1, eff. Sept. 1, 1971.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.004. Retention and Use of Funds

Sec. 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, Sec. 1, eff. Sept. 1, 1971.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.005. Right to Collect Special Fees

Sec. 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, Sec. 1, eff. Sept. 1, 1971.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.0051. Disclosure of Course Fees in Course Catalog

Sec. 54.0051.  DISCLOSURE OF COURSE FEES IN COURSE CATALOG.  Each institution of higher education shall include in the institution's online course catalog, for each course listed in the catalog, a description and the amount of any special course fee, including an online access fee or lab fee, to be charged specifically for the course.  If the institution publishes a paper course catalog, the institution may publish any fees specifically charged for each course using the amounts charged in the most recent academic year.
Added by Acts 2017, 85th Leg., R.S., Ch. 557 (S.B. 537), Sec. 1, eff. June 9, 2017.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.0071. Authority of Institution to Provide Payment Options for Student With Delayed Financial Aid

Sec. 54.0071.  AUTHORITY OF INSTITUTION TO PROVIDE PAYMENT OPTIONS FOR STUDENT WITH DELAYED FINANCIAL AID.  (a)  The governing board of an institution of higher education may postpone the due date for the payment of all or part of the tuition and mandatory fees for a student for a semester or term in which the student will receive one or more delayed financial aid awards if:
(1)  the student has not received the awards by the regular due date for payment of the tuition and mandatory fees; and
(2)  the student agrees to assign to the institution a portion of the awards equal to the amount of tuition and mandatory fees for which the due date is postponed.
(b)  A postponed due date under Subsection (a) applies only to the portion of tuition and mandatory fees to be covered by the student's delayed financial aid awards.  When the financial aid awards become available, a governing board that postpones a due date under this section shall apply the awards toward the amount of tuition and mandatory fees due and immediately release any remaining amount of the awards to the student.
(c)  If after the due date for a student's tuition and mandatory fees is postponed under this section the student becomes ineligible to receive one or more of the delayed financial aid awards, or the amount awarded is less than the amount of tuition and mandatory fees due, the governing board shall provide the student a reasonable period, not to exceed 30 days, to pay the unpaid amount of tuition and mandatory fees.  The board may deny a student credit for work done in the semester or term if the student fails to pay the tuition and mandatory fees by the end of that period.
(d)  The Texas Higher Education Coordinating Board shall prescribe procedures for the administration of this section.
(e)  If a student with delayed financial aid awards has elected to pay tuition and mandatory fees by installment as permitted by Section 54.007 and if the governing board elects to postpone the due date for the student's tuition and mandatory fees as authorized by this section, the governing board in the manner provided by this section shall postpone the due date for each installment payment that becomes due before the student receives the awards.
Added by Acts 2005, 79th Leg., Ch. 1181 (S.B. 1227), Sec. 11, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 264 (H.B. 1341), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.008. Tuition Rate Set by Governing Board

Sec. 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, Sec. 1.10, eff. June 20, 1987.  Amended by Acts 1995, 74th Leg., ch. 451, Sec. 1, eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 89, Sec. 1, eff. May 14, 1999;  Acts 2001, 77th Leg., ch. 655, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg,  ch.  773, Sec. 1, eff. June 13, 2001.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.009. Increase in Tuition Rate or Fees

Sec. 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, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.010. Reduction in Tuition

Sec. 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, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.011. Tuition Limit in Cases of Concurrent Enrollment

Sec. 54.011.  TUITION LIMIT IN CASES OF CONCURRENT ENROLLMENT.  When a student registers at more than one public institution of higher education at the same time, the student's tuition charges shall be determined in the following manner:
(1)  The student shall pay the full tuition charge to the first institution at which the student is registered; and in any event the student 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 the student's total tuition charge at the second institution and the student's 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 the student is registered, the student shall be considered a Texas resident at each of the institutions at which the student is concurrently registered for the purposes of determining the proper tuition charges.  Nothing in this subdivision shall be so construed as to allow a nonresident to pay resident tuition except at institutions covered by Section 54.231.
Added by Acts 1977, 65th Leg., p. 21, ch. 7, Sec. 1, eff. March 3, 1977.
Transferred from Education Code, Section 54.062 by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 8, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 3, eff. January 1, 2012.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.012. Tuition Rates for Certain Doctoral Students

Sec. 54.012.  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, Sec. 5, eff. April 13, 1993.  Amended by Acts 1997, 75th Leg., ch. 690, Sec. 1, eff. Sept. 1, 1997.
Transferred from Education Code, Section 54.066 by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.015. Billing and Notification for Tuition

Sec. 54.015.  BILLING AND NOTIFICATION FOR TUITION.  For billing and catalogue purposes, each governing board shall accumulate all the tuition that it charges under this chapter into one tuition charge.
Added by Acts 2001, 77th Leg., ch. 655, Sec. 5, eff. Sept. 1, 2001.  Renumbered from Education Code Sec. 54.069 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(32), eff. Sept. 1, 2003.
Transferred from Education Code, Section 54.071 by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.016. Fixed Tuition Rate Program for Certain Transfer Students at General Academic Teaching Institutions

Sec. 54.016.  FIXED TUITION RATE PROGRAM FOR CERTAIN TRANSFER STUDENTS AT GENERAL ACADEMIC TEACHING INSTITUTIONS.  (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)  "Lower-division institution of higher education" means a public junior college, public state college, or public technical institute.
(b)  A general academic teaching institution may develop a fixed tuition rate program for qualified students who agree to transfer to the institution within 12 months after successfully earning an associate degree at a lower-division institution of higher education.  Under a program developed under this section, a general academic teaching institution must:
(1)  guarantee to a participating student enrolled in an associate degree program at a lower-division institution of higher education, on successful completion of the associate degree program, transfer admission to the general academic teaching institution within the period prescribed above; and
(2)  notwithstanding any other provision of this chapter, charge tuition to a participating student for any semester or other academic term during a period of at least 24 months following the student's initial enrollment in the institution at the same rate the general academic teaching institution would have charged to the student during the later of:
(A)  the fall semester of the student's freshman year at another institution of higher education had the student entered the general academic teaching institution as a freshman student; or
(B)  the fall semester of the second academic year preceding the academic year of the student's initial enrollment in the general academic teaching institution.
(c)  A general academic teaching institution that develops a fixed tuition rate program under this section shall prescribe eligibility requirements for participation in the program and notify applicants for transfer admission from lower-division institutions of higher education regarding the program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1036 (H.B. 2999), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter A. General Provisions › Section 54.017. Fixed Tuition Price Plan for Undergraduate Students at Certain General Academic Teaching Institutions

Sec. 54.017.  FIXED TUITION PRICE PLAN FOR UNDERGRADUATE STUDENTS AT CERTAIN GENERAL ACADEMIC TEACHING INSTITUTIONS.  (a)  In this section, "general academic teaching institution" and "public state college" have the meanings assigned by Section 61.003.
(b)  This section applies only to a general academic teaching institution other than a public state college.
(c)  The governing board of an institution to which this section applies shall offer entering undergraduate students, including undergraduate students who transfer to the institution, the opportunity to participate in a fixed tuition price plan under which the institution agrees not to increase tuition charges per semester credit hour for a participating student for at least the first 12 consecutive semesters that occur after the date of the student's initial enrollment at any public or private institution of higher education, regardless of whether the student enrolls at any institution in those semesters, and subject to any restrictions or qualifications adopted by the governing board.  For purposes of this section, one or more summer terms occurring in the same summer is considered a semester.
(d)  Unless the institution does not offer other tuition payment options, an institution to which this section applies may require an entering undergraduate student to accept or reject participation in the fixed tuition price plan offered under this section before the date of the student's initial enrollment at the institution.
(e)  This section does not require an institution to which this section applies to offer a variable tuition price plan or other tuition payment options to undergraduate students enrolled in the institution.
(f)  Fees charged by an institution to a student participating in a fixed tuition price plan under this section may not exceed the fees charged by the institution to a similarly situated student who elects not to participate in the plan, if the institution offers other tuition payment options.  For purposes of this subsection, students are similarly situated if they share the same residency status, degree program, course load, course level, and other circumstances affecting the fees charged to the students.
(g)  This section does not apply to the tuition charged by an institution to which this section applies to a student who enters the institution for the first time before the 2014 fall semester.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1129 (H.B. 29), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter B. Tuition Rates › Section 54.0501. Definitions

Sec. 54.0501.  DEFINITIONS.  In this subchapter:
(1)  "Census date" means the date in an academic term on which an institution of higher education is required to certify a student's enrollment to the coordinating board for purposes of determining formula funding for the institution.
(2)  "Dependent" means a person who:
(A)  is less than 18 years of age and has not been emancipated by marriage or court order; or
(B)  as provided by coordinating board rule, is eligible to be claimed as a dependent of a parent of the person for purposes of determining the parent's income tax liability under the Internal Revenue Code of 1986.
(3)  "Domicile" means a person's principal, permanent residence to which the person intends to return after any temporary absence.
(4)  "Nonresident tuition" means the amount of tuition paid by a person who is not a resident of this state and who is not entitled or permitted to pay resident tuition under this subchapter.
(5)  "Parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian of a person.
(6)  "Residence" means a person's home or other dwelling place.
(7)  "Resident tuition" means the amount of tuition paid by a person who is a resident of this state.
Added by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter B. Tuition Rates › Section 54.0513. Designated Tuition

Sec. 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)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 359, Sec. 16(1), eff. January 1, 2012.
(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, Sec. 1.01, eff. Aug. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 655, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1321, Sec. 1, 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 16(1), eff. January 1, 2012.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter B. Tuition Rates › Section 54.0515. Legislative Oversight Committee on Higher Education

Sec. 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, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter B. Tuition Rates › Section 54.052. Determination of Resident Status

Sec. 54.052.  DETERMINATION OF RESIDENT STATUS.  (a)  Subject to the other applicable provisions of this subchapter governing the determination of resident status, the following persons are considered residents of this state for purposes of this title:
(1)  a person who:
(A)  established a domicile in this state not later than one year before the census date of the academic term in which the person is enrolled in an institution of higher education; and
(B)  maintained that domicile continuously for the year preceding that census date;
(2)  a dependent whose parent:
(A)  established a domicile in this state not later than one year before the census date of the academic term in which the dependent is enrolled in an institution of higher education; and
(B)  maintained that domicile continuously for the year preceding that census date; and
(3)  a person who:
(A)  graduated from a public or private high school in this state or received the equivalent of a high school diploma in this state; and
(B)  maintained a residence continuously in this state for:
(i)  the three years preceding the date of graduation or receipt of the diploma equivalent, as applicable; and
(ii)  the year preceding the census date of the academic term in which the person is enrolled in an institution of higher education.
(b)  For purposes of this section, the domicile of a dependent's parent is presumed to be the domicile of the dependent unless the person establishes eligibility for resident status under Subsection (a)(3).
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.  Amended by Acts 1979, 66th Leg., p. 1065, ch. 496, Sec. 1, eff. Aug. 27, 1979;  Acts 1981, 67th Leg., p. 1813, ch. 402, Sec. 1, eff. June 11, 1981;  Acts 1989, 71st Leg., ch. 620, Sec. 2, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 425, Sec. 1, eff. Aug. 30, 1993;  Acts 2001, 77th Leg., ch. 1392, Sec. 2, eff. June 16, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter B. Tuition Rates › Section 54.053. Information Required to Establish Resident Status

Sec. 54.053.  INFORMATION REQUIRED TO ESTABLISH RESIDENT STATUS.  A person shall submit the following information to an institution of higher education to establish resident status under this subchapter:
(1)  if the person applies for resident status under Section 54.052(a)(1):
(A)  a statement of the dates and length of time the person has resided in this state, as relevant to establish resident status under this subchapter; and
(B)  a statement by the person that the person's presence in this state for that period was for a purpose of establishing and maintaining a domicile;
(2)  if the person applies for resident status under Section 54.052(a)(2):
(A)  a statement of the dates and length of time any parent of the person has resided in this state, as relevant to establish resident status under this subchapter; and
(B)  a statement by the parent or, if the parent is unable or unwilling to provide the statement, a statement by the person that the parent's presence in this state for that period was for a purpose of establishing and maintaining a domicile; or
(3)  if the person applies for resident status under Section 54.052(a)(3):
(A)  a statement of the dates and length of time the person has resided in this state, as relevant to establish resident status under this subchapter; and
(B)  if the person is not a citizen or permanent resident of the United States, an affidavit stating that the person will apply to become a permanent resident of the United States as soon as the person becomes eligible to apply.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
Amended by:
Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.