US Laws, Codes, Statutes & Cases

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.


	§ 54.0015. 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, § 1, eff. Sept. 1, 2005.           


	§ 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 within the period prescribed by 
Section 56.462(1)(A) or (B), as applicable, to qualify for 
forgiveness of a Texas B-On-time loan;  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 period during which the student has been 
enrolled in a general academic teaching institution and 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, including a rule to allow an 
otherwise eligible student to receive a rebate under this section 
if the student is not awarded a baccalaureate degree within the 
period required by Subsection (a)(1) solely as a result of a 
hardship or other good cause.  The performance of active duty 
military service by a student shall be recognized as "good cause" 
for purposes 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;  Acts 2005, 79th Leg., ch. 292, § 3, eff. June 17, 2005.


	§ 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 the payment of tuition and fees during a summer 
term through the following alternatives:
		(1)  for a student enrolled for a summer term of 12 
weeks or longer that is not covered by Subdivision (2), 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;
		(2)  for a student enrolled for a summer term of 16 
weeks or longer, 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;  and
		(3)  for a student enrolled for a summer term not 
covered by Subdivision (1) or (2) in a public junior college, public 
technical institute, or public state college, one-half payment of 
tuition and fees in advance of the beginning of the summer term and 
the remaining amount in one or two later payments to be made in the 
percentages and by the dates determined by the governing board of 
the college or institute, provided that the final payment must be 
made before the beginning of the last week of the summer term.
	(c)  The governing board may assess and collect incidental 
fees for students utilizing the payment alternative authorized by 
Subsection (a)(2) and the alternatives authorized by Subsection (b) 
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.

Text of subsec. (f) as added by Acts 2005, 79th Leg., ch. 536, § 1
	(f)  In this section, "public junior college," "public 
technical institute," and "public state college" have the meanings 
assigned by Section 61.003.

Text of subsec. (f) as added by Acts 2005, 79th Leg., ch. 888, § 5
	(f)  The governing board shall require a student who elects 
to pay tuition and fees by installment under this section to enter 
into a written agreement reflecting the terms and conditions 
required by this section.

Text of subsec. (f) as added by Acts 2005, 79th Leg., ch. 1181, § 
10
	(f)  A student may elect to pay the tuition and fees of an 
institution of higher education by installment under this section 
regardless of whether the student intends to apply a financial aid 
award administered by the institution toward the tuition and fees, 
except that a student whose financial aid award or awards are 
available to cover the total amount of tuition and fees may not pay 
by installment under this section.  On receipt of notice of a 
student's election to pay tuition and fees by installment, the 
governing board of the institution shall apply any financial aid 
award administered for the student toward the amount of tuition and 
fees due for that semester or summer session until the tuition and 
fees are paid in full and shall immediately release any remaining 
amount of the award to the student, except that the institution is 
not required to apply the award or awards toward the total amount of 
tuition and fees in exigent circumstances as determined by the 
institution.

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;  Acts 2005, 
79th Leg., ch. 536, § 1, eff. June 17, 2005;  Acts 2005, 79th 
Leg., ch. 888, § 5, eff. Sept. 1, 2005;  Acts 2005, 79th Leg., ch. 
1181, § 10, eff. Sept. 1, 2005.


	§ 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 fees for a 
student for a semester or summer session 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 fees;  and
		(2)  the student agrees to assign to the institution a 
portion of the awards equal to the amount of tuition and fees for 
which the due date is postponed.
	(b)  A postponed due date under Subsection (a) applies only 
to the portion of tuition and 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 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 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 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 fees.  The 
board may deny a student credit for work done in the semester or 
summer session if the student fails to pay the tuition and 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 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 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, § 11, eff. Sept. 1, 
2005.       


	§ 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.          


	§ 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, 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 subdivision 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.  Renumbered from V.T.C.A., Education Code § 54.062 by Acts 
2005, 79th Leg., ch. 888, § 8, eff. Sept. 1, 2005.


	§ 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, § 5, eff. April 13, 1993.  
Amended by Acts 1997, 75th Leg., ch. 690, § 1, eff. Sept. 1, 
1997.  Renumbered from V.T.C.A., Education Code § 54.066 by Acts 
2005, 79th Leg., ch. 888, § 8, eff. Sept. 1, 2005.


	§ 54.013. 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.  
Renumbered from V.T.C.A., Education Code § 54.067 by Acts 2005, 
79th Leg., ch. 888, § 8, eff. Sept. 1, 2005.


	§ 54.014. 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 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 to the tuition charged to a 
student who initially enrolled as an undergraduate student in an 
institution of higher education during or after 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 
(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.

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.  Renumbered from V.T.C.A., Education Code § 54.068 by Acts 
2005, 79th Leg., ch. 888, § 8, eff. Sept. 1, 2005.  Amended by 
Acts 2005, 79th Leg., ch. 1230, § 3, eff. June 18, 2005.


	§ 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, § 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.  Renumbered 
from V.T.C.A., Education Code § 54.071 and amended by Acts 2005, 
79th Leg., ch. 888, § 8, eff. Sept. 1, 2005.

SUBCHAPTER B. TUITION RATES


	§ 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, § 2, eff. Sept. 1, 2005.           


	§ 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 or is entitled 
or permitted to pay resident tuition as provided by this 
subchapter, 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;  Acts 
2005, 79th Leg., ch. 888, § 6, eff. Sept. 1, 2005.


	§ 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.          


	§ 54.0516. SPECIAL SUMMER TUITION RATES AT TEXAS A&M 
UNIVERSITY:  PILOT PROGRAM.  

Text of section effective until January 1, 2008
	(a)  This section applies only to a resident undergraduate 
student enrolled for a summer term or session at Texas A&M 
University.
	(b)  Tuition, other than tuition under Section 54.0513, 
charged to a student to whom this section applies is three-fourths 
of the amount otherwise provided by this subchapter.
	(c)  The amount that the board of regents may charge as 
tuition under Section 54.0513 to a student to whom this section 
applies may not exceed the amount of other tuition the board is 
authorized to charge to the student under Subsection (b).
	(d)  This section applies only if the legislature 
specifically appropriates money to Texas A&M University for the 
state fiscal biennium ending August 31, 2007, to cover the tuition 
revenue lost to the institution by the application of this section.
	(e)  This section applies only to a summer term or session in 
2006 or 2007.  This section expires January 1, 2008.

Added by Acts 2005, 79th Leg., ch. 1181, § 12, eff. Sept. 1, 
2005.       


	§ 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).

Amended by Acts 2005, 79th Leg., ch. 888, § 3, eff. Sept. 1, 
2005.       


	§ 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.

Amended by Acts 2005, 79th Leg., ch. 888, § 3, eff. Sept. 1, 
2005.       


	§ 54.054. CONTINUING RESIDENT STATUS.  (a) Except as 
otherwise provided by Subsection (c) of this section or by Section 
54.055 or 54.056, a person classified by an institution of higher 
education as a resident of this state under this subchapter is 
entitled, without submitting the information required by Section 
54.053, to be classified as a resident by that institution in each 
subsequent academic term in which the person enrolls.
	(b)  Except as otherwise provided by Subsection (c) of this 
section or by Section 54.055 or 54.056, a person classified by an 
institution of higher education as a resident is entitled, without 
submitting the information required by Section 54.053 to the 
subsequent institution, to be classified as a resident by another 
institution of higher education in which the person subsequently 
enrolls.
	(c)  Subsections (a) and (b) do not apply to a person who 
enrolls in an institution of higher education after two or more 
consecutive regular semesters during which the person is not 
enrolled in an institution of higher education.  To be classified as 
a resident on that enrollment, the person must submit the 
information required by Section 54.053 and satisfy all applicable 
requirements to establish resident status.  If the person is 
classified as a resident on that enrollment, Subsections (a) and 
(b) apply to the person in a subsequent academic term.

Amended by Acts 2005, 79th Leg., ch. 888, § 3, eff. Sept. 1, 
2005.       


	§ 54.055. RECLASSIFICATION BASED ON ADDITIONAL OR CHANGED 
INFORMATION.  (a) On the basis of additional or changed 
information, an institution of higher education may reclassify as a 
resident or nonresident of this state under this subchapter a 
person who has previously been classified as a resident or 
nonresident under this subchapter.
	(b)  A reclassification does not apply to an academic term if 
the reclassification is made on or after the census date of that 
term.

Amended by Acts 2005, 79th Leg., ch. 888, § 3, eff. Sept. 1, 
2005.       


	§ 54.056. ERRORS IN CLASSIFICATION.  (a) If an 
institution of higher education erroneously classifies a person as 
a resident of this state and the person is not entitled or permitted 
to pay resident tuition under this subchapter, the institution of 
higher education shall charge nonresident tuition to the person 
beginning with the first academic term that begins after the date 
the institution discovers the error.  Not earlier than the first day 
of that term, regardless of whether the person is still enrolled at 
the institution, the institution may request the person to pay the 
difference between resident and nonresident tuition for an earlier 
term as permitted by Section 54.057.  For nonpayment of the amount 
owed, the institution may impose sanctions only as provided by that 
section.  The institution may not require payment as a condition for 
any subsequent enrollment by the person in the institution.
	(b)  Regardless of the reason for the error, if an 
institution of higher education erroneously classifies a person as 
a nonresident of this state, the institution shall charge resident 
tuition to the person beginning with the academic term in which the 
institution discovers the error.  The institution immediately shall 
refund to the person the amount of tuition the person paid in excess 
of resident tuition.

Amended by Acts 2005, 79th Leg., ch. 888, § 3, eff. Sept. 1, 
2005.       


	§ 54.057. LIABILITY FOR UNPAID NONRESIDENT TUITION.  (a) 
The following persons are liable for the difference between 
resident and nonresident tuition for each academic term in which 
the person pays resident tuition as the result of an erroneous 
classification under this subchapter:
		(1)  a person who, in a timely manner after the 
information becomes available or on request by the institution of 
higher education, fails to provide to the institution information 
that the person reasonably should know would be relevant to an 
accurate classification by the institution under this subchapter;  
or
		(2)  a person who provides false information to the 
institution that the person reasonably should know could lead to an 
erroneous classification by the institution under this subchapter.
	(b)  The person shall pay the applicable amount to the 
institution not later than the 30th day after the date the person is 
notified of the person's liability for the amount owed.  After 
receiving the notice and until the amount is paid in full, the 
person is not entitled to receive from the institution a 
certificate or diploma, if not yet awarded on the date of the 
notice, or official transcript that is based at least partially on 
or includes credit for courses taken while the person was 
erroneously classified as a resident of this state.
	(c)  A person who is erroneously classified as a resident of 
this state under this subchapter but who is entitled or permitted to 
pay resident tuition under this subchapter is not liable for the 
difference between resident and nonresident tuition under this 
section.

Amended by Acts 2005, 79th Leg., ch. 888, § 3, eff. Sept. 1, 
2005.       


	§ 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.           


	§ 54.063. 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. 


	§ 54.069. 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.


	§ 54.073. TUITION RATES FOR OLYMPIC ATHLETES.                               

Text of section as added by Acts 2005, 79th Leg., ch. 865, § 1
	(a)  A person enrolled in The University of Texas at 
Brownsville and Texas Southmost College is entitled to pay tuition 
and fees at the rates provided for Texas residents if the person:
		(1)  is in residence and in training as a participating 
athlete in a Community Olympic Development Program or at a United 
States Olympic training center located in this state;
		(2)  is residing permanently or temporarily in this 
state while in training as a participating athlete:
			(A)  in a Community Olympic Development Program 
located in this state;  or 
			(B)  at a United States Olympic training center 
located in this state in a program approved by the governing body 
for the athlete's Olympic sport;  or
		(3)  is residing permanently or temporarily in this 
state while in training as a participating athlete at a facility in 
this state approved by the governing body for the athlete's Olympic 
sport, in a program approved by that body.
	(b)  Notwithstanding any other law, a person who is entitled 
to pay resident tuition and fees only as permitted by this section 
is not considered a Texas resident under this subchapter for 
purposes of a financial aid program offered by this state.

Added by Acts 2005, 79th Leg., ch. 865, § 1, eff. June 17, 2005.           


	§ 54.073. ECONOMIC DEVELOPMENT AND DIVERSIFICATION.                         

Text of section as added by Acts 2005, 79th. Leg., ch. 888, § 4
	A person who registers at an institution of higher education 
without having established resident status in this state under 
Section 54.052 is entitled to pay tuition and required fees at the 
rate provided for residents of this state if:
		(1)  the person or, as determined by coordinating board 
rule, an adult member of the person's family who resides in the 
person's household and is a primary caretaker of the person 
establishes by the institution's enrollment date a residence in 
this state as a result of the person's or caretaker's employment by 
a business or organization that became established in this state as 
part of the program of state economic development and 
diversification authorized by the law of this state;  and
		(2)  the person files with that institution of higher 
education a letter of intent to establish residency in this state.

Added by Acts 2005, 79th Leg., ch. 888, § 4, eff. Sept. 1, 2005.           


	§ 54.074. NATO AGREEMENT.  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 that alien are 
considered to be residents for tuition and fee purposes under this 
title.

Added by Acts 2005, 79th Leg., ch. 888, § 4, eff. Sept. 1, 2005.           


	§ 54.075. COORDINATING BOARD RULES;  SUPPLEMENTATION OF 
RULES BY INSTITUTIONS LIMITED.  (a) The coordinating board shall 
adopt rules to carry out the purposes of this subchapter.
	(b)  An institution of higher education may not require a 
person to provide evidence of resident status that is not required 
by coordinating board rule.

Added by Acts 2005, 79th Leg., ch. 888, § 4, eff. Sept. 1, 2005.           

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;
			(F)  the national emergency by reason of certain 
terrorist attacks that began on September 11, 2001;  or
			(G)  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 
establish a fee for extraordinary costs associated with a specific 
course or program and may provide that the exemptions provided by 
Subsections (a) and (b) do not apply to this fee.

Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 7, § 1
	(h)  The governing board of each institution of higher 
education shall electronically report to the Texas Higher Education 
Coordinating Board the information required by Section 61.0516 
relating to each individual receiving an exemption from fees and 
charges under Subsection (a) or (b).  The institution shall report 
the information not later than December 31 of each year for the fall 
semester, May 31 of each year for the spring semester, and September 
30 of each year for the summer session.

Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 888, § 9
	(h)  In determining whether to admit a person to any 
certificate program or any baccalaureate, graduate, postgraduate, 
or professional degree program, an institution of higher education 
may not consider the fact that the person is eligible for an 
exemption under this section.
	(i)  The Texas Higher Education Coordinating Board may adopt 
rules to provide for the efficient and uniform application of this 
section.

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;  Acts 2005, 
79th Leg., ch. 7, § 1, eff. May 3, 2005;  Acts 2005, 79th Leg., 
ch. 98, § 1, eff. May 20, 2005;  Acts 2005, 79th Leg., ch. 888, 
§ 9, eff. Sept. 1, 2005.


	§ 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) 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 Family and Protective 
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.                                            
	(b)  The Texas Education Agency and the Texas Higher 
Education Coordinating Board shall develop outreach programs to 
ensure that students in foster or other residential care in grades 
9-12 are aware of the availability of the exemption from the payment 
of tuition and fees provided by this section.

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;  Acts 2005, 79th Leg., ch. 268, § 1.01, eff. Sept. 1, 2005.


	§ 54.2111. EXEMPTIONS FOR ADOPTED STUDENTS FORMERLY IN 
FOSTER OR OTHER RESIDENTIAL CARE.  (a) 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.
	(b)  The Texas Education Agency and the Texas Higher 
Education Coordinating Board shall develop outreach programs to 
ensure that adopted students in grades 9-12 formerly in foster or 
other residential care are aware of the availability of the 
exemption from the payment of tuition and fees provided by this 
section.

Added by Acts 2003, 78th Leg., ch. 1266, § 1.10, eff. June 20, 
2003.  Amended by Acts 2005, 79th Leg., ch. 268, § 1.02, eff. 
Sept. 1, 2005.


	§ 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;                            
		(3)  for the initial term or semester for which the 
person receives an exemption under this section, have worked as an 
educational aide for at least one school year during the five years 
preceding that term or semester;
		(4)  establish financial need as determined by 
coordinating board rule;     
		(5)  be enrolled in courses required for teacher 
certification at the institution of higher education granting the 
exemption;
		(6)  maintain an acceptable grade point average as 
determined by coordinating board rule;  and
		(7)  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;  
Acts 2005, 79th Leg., ch. 1181, § 13, eff. Sept. 1, 2005.


	§ 54.2155. PAYMENT OF TUITION ASSISTANCE FOR MEMBERS OF 
STATE MILITARY FORCES.  (a) For each semester, the adjutant general 
of the state military forces shall certify to institutions of 
higher education as described by Section 431.090, Government Code, 
information identifying the persons to whom the adjutant general 
has awarded tuition assistance under that section.
	(b)  An institution of higher education shall exempt a person 
certified by the adjutant general as described by Subsection (a) 
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.

Added by Acts 1999, 76th Leg., ch. 1206, § 2, eff. Jan. 1, 2000.  
Amended by Acts 2005, 79th Leg., ch. 1181, § 14, eff. Sept. 1, 
2005.


	§ 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.           


	§ 54.2161. PILOT PROJECT FOR CERTAIN STUDENTS ENROLLED IN 
JUNIOR COLLEGE COURSES FOR CONCURRENT HIGH SCHOOL AND HIGHER 
EDUCATION ACADEMIC CREDIT.  

Text of section effective until August 15, 2009
	(a)  In this section:                                                          
		(1)  "Coordinating board" means the Texas Higher 
Education Coordinating Board.
		(2)  "Public junior college" has the meaning assigned 
by Section 61.003.    
	(b)  Notwithstanding Section 54.002 or 54.216, the governing 
board of a public junior college participating in the pilot project 
established under this section shall waive the tuition and 
mandatory fees charged by the college for a student who:
		(1)  is educationally disadvantaged, as defined by 
Section 5.001;  and      
		(2)  is enrolled in a course offered by the college for 
which the student is entitled to simultaneously receive both:
			(A)  course credit toward the student's high 
school academic requirements;  and
			(B)  course credit toward a degree or certificate 
offered by the college.  
	(c)  A student described by Subsection (b) is entitled to 
free textbooks required for a course described by Subsection 
(b)(2).  The institution of higher education offering the course 
shall provide the textbooks to the student.  The school district in 
which the student attends school shall pay the costs of the 
textbooks in accordance with Section 31.031.
	(d)  The coordinating board shall adopt a procedure for a 
public junior college to use in applying to participate in the pilot 
project established under this section.  From among the public 
junior colleges that apply to participate under this subsection, 
the coordinating board shall select five to participate in the 
pilot project.  The public junior colleges selected by the board 
must:
		(1)  be located in various geographic regions of the 
state;                 
		(2)  vary significantly in the number of students 
enrolled;  and            
		(3)  satisfy any other requirements adopted by the 
board.                   
	(e)  The pilot project established under this section may not 
be implemented in a state fiscal year unless in the General 
Appropriations Act for that fiscal year the legislature accounts 
for the tuition and fee exemptions required by this section in a way 
that provides a corresponding increase in the general revenue funds 
appropriated to the public junior colleges that would be 
participating in the pilot project.  It is the intent of the 
legislature that the tuition and fee exemptions required by this 
section be financed by savings to the state resulting under this 
section from reductions in the number of courses taken by 
undergraduate students.
	(f)  If the pilot project established under this section is 
implemented, the commissioner of higher education shall conduct an 
ongoing evaluation of the effectiveness of the pilot project in 
encouraging students to graduate from public and private 
institutions of higher education in a timely manner and of any other 
benefits or any problems that result from the pilot project.  In 
making an evaluation under this subsection, the commissioner of 
higher education shall consult with the commissioner of education.  
The commissioner of higher education shall report the results of an 
evaluation under this subsection to the legislature not later than 
December 31, 2006, and December 31, 2008.
	(g)  The governing board of a public junior college may not 
waive tuition and fees under this section and a student is not 
entitled to free textbooks under this section for a semester or 
other academic term beginning before the 2005 fall semester.
	(h)  This section expires August 15, 2009.                                     

Added by Acts 2005, 79th Leg., ch. 1339, § 1, eff. June 18, 2005.          


	§ 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.    


	§ 54.221. CHILDREN OF PROFESSIONAL NURSING PROGRAM 
F