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H.B.�No.�120
AN ACT
relating to state funding and designated tuition charged for
courses provided during off-peak hours at certain public
institutions of higher education.
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�������SECTION�1.��Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0592 to read as follows:
�������Sec.61.0592.FUNDING FOR COURSES PROVIDED DURING OFF-PEAK
HOURS AT CERTAIN INSTITUTIONS. (a) The purposes of this section
are:
�������������(1)to ensure that student demand for courses is met;
and
�������������(2)to encourage the efficient use of existing
instructional facilities while reducing the need for new
instructional facilities.
�������(b)This section applies only to funding for a course
provided by:
�������������(1)��The University of Texas at Austin;
�������������(2)��Texas A&M University; or
�������������(3)��Texas Tech University.
�������(c)To carry out the purposes of this section, for each
institution of higher education listed under Subsection (b), the
board shall include in the formulas established under Section
61.059 funding in amounts sufficient to cover the institution's
revenue loss resulting from any reduction in tuition rates under
Section 54.061.
�������(d)In addition to the funding included under Subsection
(c), in the formulas established under Section 61.059, as an
incentive for the institutions to reduce tuition rates under
Section 54.061, the board may include additional funding that
represents a portion of the savings to the state resulting from the
institution's efficient use of resources.
�������SECTION�2.��Subchapter B, Chapter 54, Education Code, is
amended by adding Section 54.061 to read as follows:
�������Sec.54.061.REDUCED DESIGNATED TUITION RATES FOR COURSES
PROVIDED DURING OFF-PEAK HOURS AT CERTAIN INSTITUTIONS. (a) This
section applies only to a course offered by an institution of higher
education:
�������������(1)��beginning at 6 p.m. or later during a weekday;
�������������(2)��on weekends; or
�������������(3)at other times when the institution's
instructional facilities would otherwise be underutilized, as
determined by the governing board of the institution.
�������(b)In accordance with coordinating board rules and for the
purposes stated in Section 61.0592, the governing board of an
institution of higher education to which Section 61.0592 applies
may establish tuition rates under Section 54.0513 for a course
described by Subsection (a) that are not more than 25 percent lower
than the rates that would otherwise apply to the course under that
section.
�������(c)This section applies only if the legislature
specifically appropriates money to institutions to which Section
61.0592 applies for the state fiscal biennium ending August 31,
2009, to cover the tuition revenue lost to the institutions by the
application of this section.
�������SECTION�3.��As soon as practicable after the effective date
of this Act, the Texas Higher Education Coordinating Board shall
adopt rules under which public institutions of higher education may
establish lower tuition rates in accordance with Section 54.061,
Education Code, as added by this Act.
�������SECTION�4.��This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.��If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.
______________________________ ______________________________
���President of the Senate Speaker of the House�����
�������I certify that H.B. No. 120 was passed by the House on April
19, 2007, by the following vote:��Yeas 140, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 120 on May 22, 2007, by the following vote:��Yeas 141, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House���
�������I certify that H.B. No. 120 was passed by the Senate, with
amendments, on May 18, 2007, by the following vote:��Yeas 29, Nays
0.
______________________________
Secretary of the Senate���
APPROVED: __________________
����������������Date�������
�������� __________________
��������������Governor�������