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H.B. No. 1172
AN ACT
relating to policies and measures to promote timely graduation of
students from public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 51, Education Code, is
amended by adding Section 51.4032 to read as follows:
Sec. 51.4032. REPORT OF EFFORTS CONCERNING TIMELY
GRADUATION. (a) Not later than November 1 of each year, the
president of each general academic teaching institution, as defined
by Section 61.003, shall provide to the governing board of the
institution a report for the preceding academic year that examines
the institution's efforts concerning timely graduation of its
undergraduate students.
(b) The report must:
(1) state, for each undergraduate degree program, the
average number of semester credit hours attempted and the average
number of fall and spring semesters attended by a student
completing the program;
(2) state the specific efforts implemented by the
institution to ensure that undergraduate students graduate in a
timely manner and do not attempt an excessive number of semester
credit hours beyond the minimum number required to complete the
students' degree programs, including the institution's efforts to
provide academic counseling concerning timely graduation,
including the development of an online student degree progress
report which compares the courses taken and credit received by a
student to the courses completed and needed for degree and
graduation requirements for each academic term, and to implement
tuition policies that encourage timely graduation; and
(3) include any other information required by the
Texas Higher Education Coordinating Board.
(c) An institution's report must be in the form prescribed
by coordinating board rule adopted in consultation with general
academic teaching institutions.
SECTION 2. Section 52.91(c), Education Code, is amended to
read as follows:
(c) The board shall repay bonds issued by the board to fund
the Texas B-On-time student loan program using legislative
appropriations and money collected by the board as repayment for
Texas B-On-time student loans awarded by the board. The board may
use tuition set aside under Section 56.465 to repay bonds issued by
the board for the Texas B-On-time student loan program. The board
may not use money collected by the board as repayment for student
loans awarded by the board under Subchapter C to repay bonds issued
by the board for the Texas B-On-time student loan program under
Section 56.464(b).
SECTION 3. Section 54.068, Education Code, is amended to
read as follows:
Sec. 54.068. TUITION FOR REPEATED OR 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 30 [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 or programs requiring a minimum of 120
semester credit hours, including minors and double majors, and for
completion of any certificate or other special program in which the
student is also enrolled, including a program with a study-abroad
component. An institution of higher education that charges students
tuition at a higher rate under this subsection may adopt a policy
under which the institution exempts from the payment of that higher
rate a student that is subject to the payment of the higher rate
solely as a result of hardship as determined by the institution
under the policy.
(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) applies only [does not apply] to the
tuition charged to a student who initially enrolled as an
undergraduate student in an institution of higher education during
or after [before] the 1999 fall semester, except that the
institution of higher education may not require a student who
initially enrolls as an undergraduate student in an institution of
higher education before the 2006 fall semester to pay higher
tuition as permitted by Subsection (a) until the number of semester
credit hours previously attempted by the student as described by
that subsection exceeds the number of semester credit hours
required for the student's degree program by at least 45 hours.
(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 Subsections
[Subsection] (a) and (f) 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 or
type of courses that a Texas resident is entitled to complete while
paying tuition at the rate provided for Texas residents.
(f) 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, for any course
in which the student enrolls that is the same as or substantively
identical to a course for which the student previously completed.
The Texas Higher Education Coordinating Board shall adopt a rule
that exempts a resident undergraduate student from this subsection
if the student enrolls in a course that is the same as or
substantially similar to a course that the student previously
completed, solely as a result of a hardship or other good cause.
SECTION 4. Section 56.076, Education Code, is amended to
read as follows:
Sec. 56.076. ELIGIBLE EMPLOYER. An eligible institution
may enter into agreements with employers that participate in the
work-study program. To be eligible to participate in the
work-study program, an employer must:
(1) provide part-time employment to an eligible
student in nonpartisan and nonsectarian activities;
(2) provide, insofar as is practicable, employment to
an eligible student that is related to the student's academic
interests;
(3) use Texas college work-study program positions
only to supplement and not to supplant positions normally filled by
persons not eligible to participate in the work-study program;
(4) provide from sources other than federal college
work-study program funds a percentage [not less than 30 percent] of
an employed student's wages that is equal to the percentage of a
student's wages that the employer would be required to provide to
the student in that academic year under the [and 100 percent of
other employee benefits for the employed student from sources other
than] federal college work-study program [funds, if the employer is
a nonprofit entity]; and
(5) provide from sources other than federal college
work-study funds [not less than 50 percent of an employed student's
wages and] 100 percent of other employee benefits for the employed
student[, if the employer is a profit-making entity].
SECTION 5. Subchapter E, Chapter 56, Education Code, is
amended by adding Section 56.079 to read as follows:
Sec. 56.079. WORK-STUDY STUDENT MENTORSHIP PROGRAM.
(a) In this section, "general academic teaching institution" has
the meaning assigned by Section 61.003.
(b) A general academic teaching institution may establish a
work-study student mentorship program under which students who are
enrolled in their junior or senior year at the institution and who
meet the eligibility requirements for employment in the Texas
college work-study program under Section 56.075 may be employed by
the institution under the Texas college work-study program to
mentor students who are on academic probation at the institution.
(c) A general academic teaching institution that has
established a work-study student mentorship program under this
section may require students who are on academic probation at the
institution to be matched with a student mentor employed under the
program.
(d) Not later than November 1 of each year, each general
academic teaching institution that has established a work-study
student mentorship program under this section shall submit to the
Texas Higher Education Coordinating Board a report regarding the
progress of the institution's program. The report must include the
number of students employed by the institution as mentors under the
program in the preceding academic year and information relating to
the costs of the program and the academic progress of the students
receiving mentoring under the program in that year.
(e) Each general academic teaching institution that has
established a work-study student mentorship program under this
section shall set aside a portion of the institution's Texas
college work-study program funds to pay for the state's
contribution toward the costs of the program.
(f) Notwithstanding Section 56.076, a general academic
teaching institution that employs a student mentor under the
work-study student mentorship program shall provide from sources
other than federal college work-study funds:
(1) not less than 10 percent of the employed student's
wages; and
(2) 100 percent of other employee benefits for the
employed student.
SECTION 6. Section 56.304, Education Code, is amended by
amending Subsection (e) and adding Subsections (e-1) and (e-2) to
read as follows:
(e) If a person is initially awarded a TEXAS grant before
the 2005 fall semester, the [A] person's eligibility for a TEXAS
grant ends on the sixth anniversary of the initial award of a TEXAS
grant to the person and the person's enrollment in an eligible
institution, unless the person is provided additional time during
which the person may receive a TEXAS grant under Subsection (e-2)
[this subsection].
(e-1) If a person is initially awarded a TEXAS grant during
or after the 2005 fall semester, unless the person is provided
additional time during which the person may receive a TEXAS grant
under Subsection (e-2), the person's eligibility for a TEXAS grant
ends on:
(1) the fifth anniversary of the initial award of a
TEXAS grant to the person, if the person is enrolled in a degree or
certificate program of four years or less; or
(2) the sixth anniversary of the initial award of a
TEXAS grant to the person, if the person is enrolled in a degree
program of more than four years.
(e-2) The coordinating board shall adopt rules to provide a
person who is otherwise eligible to receive a TEXAS grant
additional time during which the person may receive a TEXAS grant in
the event of a hardship or other good cause shown that prevents the
person from continuing the person's enrollment during the period
the person would otherwise have been eligible to receive a TEXAS
grant, including a showing of a severe illness or other
debilitating condition or that the person is or was responsible for
the care of a sick, injured, or needy person.
SECTION 7. Section 56.305, Education Code, is amended by
amending Subsections (e) and (g) and adding Subsection (e-1) to
read as follows:
(e) For the purpose of this section, a person who is
initially awarded a TEXAS grant before the 2005 fall semester makes
satisfactory academic progress toward an undergraduate degree or
certificate only if:
(1) in the person's first academic year the person
meets the satisfactory academic progress requirements of the
institution at which the person is enrolled; and
(2) in a subsequent academic year, the person:
(A) completes at least 75 percent of the semester
credit hours attempted in the student's most recent academic year;
and
(B) earns an overall grade point average of at
least 2.5 on a four-point scale or the equivalent on coursework
previously attempted at institutions of higher education.
(e-1) For purposes of this section, a person who is
initially awarded a TEXAS grant during or after the 2005 fall
semester makes satisfactory academic progress toward an
undergraduate degree or certificate only if:
(1) in the person's first academic year the person
meets the satisfactory academic progress requirements of the
institution at which the person is enrolled; and
(2) in a subsequent academic year, the person:
(A) completed at least 24 semester credit hours
in the student's most recent academic year; and
(B) has earned an overall grade point average of
at least 2.5 on a four-point scale or the equivalent on coursework
previously attempted at institutions of higher education.
(g) The coordinating board shall adopt rules to allow a
person who is otherwise eligible to receive a TEXAS grant, in the
event of a hardship or for other good cause shown, including a
showing of a severe illness or other debilitating condition that
may affect the person's academic performance or that the person is
responsible for the care of a sick, injured, or needy person and
that the person's provision of care may affect the person's academic
performance, to receive a TEXAS grant:
(1) while enrolled in a number of semester credit
hours that is less than the number of semester credit hours required
under Subsection (a)(3); or
(2) if the student's grade point average or the
student's completion rate or number of semester credit hours
completed, as applicable, falls below the satisfactory academic
progress requirements of Subsection (e) or (e-1).
SECTION 8. Subchapter M, Chapter 56, Education Code, is
amended by adding Section 56.3071 to read as follows:
Sec. 56.3071. EFFECT OF ELIGIBILITY FOR TUITION
EQUALIZATION GRANT. (a) Notwithstanding Section 56.307, the
total amount of financial aid that a student enrolled in a private
or independent institution of higher education is eligible to
receive in a state fiscal year from TEXAS grants awarded under this
subchapter may not exceed the maximum amount the student may
receive in tuition equalization grants in that fiscal year as
determined under Subchapter F, Chapter 61.
(b) Notwithstanding any other law, a student enrolled in a
private or independent institution of higher education may not
receive a TEXAS grant under this subchapter and a tuition
equalization grant under Subchapter F, Chapter 61, for the same
semester or other term, regardless of whether the student is
otherwise eligible for both grants during that semester or term. A
student who but for this subsection would be awarded both a TEXAS
grant and a tuition equalization grant for the same semester or
other term is entitled to receive only the grant of the greater
amount.
SECTION 9. Section 56.462, Education Code, is amended to
read as follows:
Sec. 56.462. LOAN FORGIVENESS. A student who receives a
Texas B-On-time loan shall be forgiven the amount of the student's
loan if the student is awarded an undergraduate certificate or
degree at an eligible institution with a cumulative grade point
average of at least 3.0 on a four-point scale or the equivalent:
(1) within:
(A) four calendar years after the date the
student initially enrolled in the institution or another eligible
institution if:
(i) the institution is a four-year
institution; and
(ii) the student is awarded a degree other
than a degree in engineering, architecture, or any other program
determined by the coordinating board to require more than four
years to complete;
(B) five calendar years after the date the
student initially enrolled in the institution or another eligible
institution if:
(i) the institution is a four-year
institution; and
(ii) the student is awarded a degree in
engineering, architecture, or any other program determined by the
coordinating board to require more than four years to complete; or
(C) two years after the date the student
initially enrolled in the institution or another eligible
institution if the institution is a public junior college or public
technical institute; or
(2) with a total number of semester credit hours,
including transfer credit hours and excluding hours earned
exclusively by examination, hours earned for a course for which the
student received credit toward the student's high school academic
requirements, and hours earned for developmental coursework that an
institution of higher education required the student to take under
Section 51.3062 or under the former provisions of Section 51.306,
that is not more than six hours more than the minimum number of
semester credit hours required to complete the certificate or
degree.
SECTION 10. Section 56.463(b), Education Code, is amended
to read as follows:
(b) Money in the Texas B-On-time student loan account may be
used only to pay any costs of the coordinating board related to the
operation of the Texas B-On-time loan program and as otherwise
provided by this subchapter.
SECTION 11. Section 56.465(b), Education Code, is amended
to read as follows:
(b) The amount of tuition set aside under Subsection (a)
shall be deposited to the credit of the Texas B-On-time student loan
account established under Section 56.463 or to the interest and
sinking fund established by the coordinating board under Section
52.91(b) in accordance with the resolution of the board
establishing such fund.
SECTION 12. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0515 to read as follows:
Sec. 61.0515. SEMESTER CREDIT HOURS REQUIRED FOR
BACCALAUREATE DEGREE. (a) To earn a baccalaureate degree, a
student may not be required by a general academic teaching
institution to complete more than the minimum number of semester
credit hours required for the degree by the Southern Association of
Colleges and Schools or its successor unless the institution
determines that there is a compelling academic reason for requiring
completion of additional semester credit hours for the degree.
(b) The board may review one or more of an institution's
baccalaureate degree programs to ensure compliance with this
section.
(c) Subsection (a) does not apply to a baccalaureate degree
awarded by an institution to a student enrolled in the institution
before the 2008 fall semester. This subsection does not prohibit
the institution from reducing the number of semester credit hours
the student must complete to receive the degree.
SECTION 13. Section 61.0595, Education Code, is amended by
amending Subsections (a) and (e) and adding Subsections (f) and (g)
to read as follows:
(a) In the formulas established under Section 61.059, the
board may not include funding for semester credit hours earned by a
resident undergraduate student who before the semester or other
academic session begins 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 30 [45] hours the number of
semester credit hours required for completion of the degree program
or programs in which the student is enrolled, including minors and
double majors, and for completion of any certificate or other
special program in which the student is also enrolled, including a
program with a study-abroad component.
(e) Subsection (a) applies only [does not apply] to funding
for semester credit hours earned by a student who initially
enrolled as an undergraduate student in any institution of higher
education during or after [before] the 1999 fall semester, except
that with respect to semester credit hours earned by a student who
initially enrolls as an undergraduate student in any institution of
higher education before the 2006 fall semester, the board may not
reduce funding under this section until the number of semester
credit hours previously attempted by the student as described by
this section exceeds the number of semester credit hours required
for the student's degree program by at least 45 hours.
(f) In the formulas established under Section 61.059, the
board shall include without consideration of Subsection (a) funding
for semester credit hours earned by a student who initially
enrolled as an undergraduate student in any institution of higher
education before the 1999 fall semester [for those semester credit
hours without consideration of Subsection (a)].
(g) To the extent practicable, the savings to the state
resulting from the exclusion of funding for excess undergraduate
semester credit hours from the funding formulas of the board as
required by this section shall be used to finance the Toward
EXcellence, Access, & Success (TEXAS) grant program under
Subchapter M, Chapter 56.
SECTION 14. Section 61.225, Education Code, is amended to
read as follows:
Sec. 61.225. ELIGIBILITY [QUALIFICATIONS] FOR GRANT;
PERSONS AWARDED GRANTS BEFORE 2005-2006 ACADEMIC YEAR. (a) This
section applies only to a person who initially received a tuition
equalization grant before the 2005-2006 academic year.
(b) To be eligible for a tuition equalization grant, a
person must:
(1) be a Texas resident as defined by the coordinating
board and meet, at a minimum, the resident requirements defined by
law for Texas resident tuition in fully state-supported
institutions of higher education;
(2) be enrolled for at least one-half of a full course
load conforming to an individual degree plan in an approved college
or university;
(3) be required to pay more tuition than is required at
a public college or university and be charged no less than the
regular tuition required of all students enrolled at the
institution;
(4) establish financial need in accordance with
procedures and regulations of the coordinating board;
(5) not be a recipient of any form of athletic
scholarship; and
(6) have complied with other requirements adopted by
the coordinating board under this subchapter.
(c) A grant to a part-time student under this section shall
be made on a pro rata basis of a full-time equivalent.
SECTION 15. Subchapter F, Chapter 61, Education Code, is
amended by adding Section 61.2251 to read as follows:
Sec. 61.2251. ELIGIBILITY FOR GRANT; PERSONS INITIALLY
AWARDED GRANTS DURING OR AFTER 2005-2006 ACADEMIC YEAR. (a) This
section does not apply to a person who initially received a tuition
equalization grant before the 2005-2006 academic year.
(b) To be eligible for a tuition equalization grant in the
first academic year in which the person receives the grant, a person
must:
(1) be a Texas resident as defined by the coordinating
board and meet, at a minimum, the resident requirements defined by
law for Texas resident tuition in fully state-supported
institutions of higher education;
(2) be enrolled for a full course load conforming to an
individual degree plan in an approved college or university;
(3) be required to pay more tuition than is required at
a public college or university and be charged no less than the
regular tuition required of all students enrolled at the
institution;
(4) establish financial need in accordance with
procedures and regulations of the coordinating board;
(5) not be a recipient of any form of athletic
scholarship; and
(6) have complied with other requirements adopted by
the coordinating board under this subchapter.
(c) After qualifying for a tuition equalization grant under
Subsection (b), a person may receive a tuition equalization grant
in a subsequent academic year in which the person is enrolled at an
approved institution only if the person:
(1) meets the requirements of Subsection (b);
(2) completed at least:
(A) 24 semester credit hours in the person's most
recent academic year, if the person is enrolled in an undergraduate
degree or certificate program; or
(B) 18 semester credit hours in the person's most
recent academic year, if the person is enrolled in a graduate or
professional degree program; and
(3) has earned an overall grade point average of at
least 2.5 on a four-point scale or the equivalent on coursework
previously attempted at public or private institutions of higher
education.
(d) Notwithstanding Subsections (b) and (c), a person's
eligibility for a tuition equalization grant ends on:
(1) the fifth anniversary of the initial award of a
tuition equalization grant to the person, if the person is enrolled
in an undergraduate degree or certificate program of four years or
less; or
(2) the sixth anniversary of the initial award of a
tuition equalization grant to the person, if the person is enrolled
in an undergraduate degree program of more than four years.
(e) The coordinating board shall adopt rules to allow a
person who is otherwise eligible to receive a tuition equalization
grant, in the event of a hardship or for other good cause shown, to
receive a tuition equalization grant if the person does not:
(1) complete the semester credit hours required by
Subsection (c)(2);
(2) maintain the grade point average required by
Subsection (c)(3); or
(3) complete the person's certificate or degree
program within the period prescribed by Subsection (d).
SECTION 16. Section 61.227, Education Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) In no event shall a tuition equalization grant paid
pursuant to this subchapter in behalf of any student during any one
fiscal year exceed an amount equal to 50 percent of the average
state appropriation in the biennium preceding the biennium in which
the grant is made for a full-time student or the equivalent at
public senior colleges and universities, as determined by the
board. [A grant to a part-time student shall be made on a pro-rata
basis of a full-time equivalent.]
(d) Notwithstanding any other law, a student enrolled in a
private or independent institution of higher education may not
receive a tuition equalization grant under this subchapter and a
TEXAS grant under Subchapter M, Chapter 56, for the same semester or
other term, regardless of whether the student is otherwise eligible
for both grants during that semester or term. A student who but for
this subsection would be awarded both a tuition equalization grant
and a TEXAS grant for the same semester or other term is entitled to
receive only the grant of the greater amount.
SECTION 17. Section 56.307(h), Education Code, is repealed.
SECTION 18. (a) The change in law made by this Act to
Subchapter M, Chapter 56, Education Code, applies beginning with
the 2005-2006 academic year, but does not affect the amount of or
entitlement to any grant awarded before the effective date of this
Act.
(b) The changes in law made by this Act to Section 56.076,
Education Code, apply only to an agreement entered into by an
institution of higher education and an employer under that section
on or after the effective date of this Act.
(c) The changes in law made by this Act to Section 56.462,
Education Code, apply to a student who is awarded an undergraduate
certificate or degree on or after the effective date of this Act,
without regard to when the student is awarded a Texas B-On-time
loan.
(d) The changes in law made by this Act by amending Sections
61.225 and 61.227, Education Code, and by adding Section 61.2251,
Education Code, apply beginning with tuition equalization grants
for the 2005-2006 academic year, but only for tuition equalization
grants awarded on or after the effective date of this Act. A
tuition equalization grant awarded before the effective date of
this Act is governed by the law in effect immediately before the
effective date, and the former law is continued in effect for that
purpose.
SECTION 19. (a) The changes in law made by this Act to
Sections 54.068 and 61.0595, Education Code, apply beginning with
the 2005 fall semester.
(b) Not later than May 31, 2006, the Texas Higher Education
Coordinating Board shall adopt the rules required by Section
61.0515, Education Code, as added by this Act, relating to the
number of semester credit hours required for completion of a
baccalaureate degree program at a general academic teaching
institution.
(c) Not later than May 31, 2006, the Texas Higher Education
Coordinating Board shall develop recommendations for the core
curriculum to conform to the requirements of Section 61.822,
Education Code, as amended by this Act. Each public institution of
higher education in this state shall revise its core curriculum as
necessary to conform to the requirements of Section 61.822,
Education Code, as amended by this Act, and shall require students
to comply with the institution's revised core curriculum beginning
with the 2008 fall semester, except that an institution shall
permit a student who was enrolled in the institution before the 2008
fall semester to comply with the core curriculum requirements
applicable to that student before that semester. Each institution
of higher education shall issue course catalogs that reflect the
applicable core curriculum under Section 61.822, Education Code,
consistent with this subsection. This subsection expires at the
beginning of the 2010 fall semester.
(d) The change in law made by this Act to Subsection (c),
Section 61.822, Education Code, applies to students who transfer
between institutions of higher education beginning with the 2008
fall semester. Students who transfer between institutions of
higher education before the 2008 fall semester are covered by
Subsection (c), Section 61.822, Education Code, as that subsection
existed before its amendment by this Act, and that law is continued
in effect for that purpose.
SECTION 20. The Texas Higher Education Coordinating Board
shall, as necessary, adopt rules consistent with Sections 52.91,
56.463, and 56.465, Education Code, as amended by this Act, as soon
as practicable after this Act takes effect. For that purpose, the
coordinating board may adopt the rules in the manner provided by law
for emergency rules.
SECTION 21. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1172 was passed by the House on May 3,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 1172 on May 26, 2005, by the following
vote: Yeas 140, Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1172 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor