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Rule 40401: Assessment, Collection, Delegation, and Waiver of Tuition, Fees, and Charges

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1.  Title

Assessment, Collection, Delegation, and Waiver of Tuition, Fees, and Charges

2.  Rule and Regulation

Sec. 1  Published Fees.   Tuition, fees, and other charges will be fixed as prescribed or authorized by statute and the relative debt covenants of the Board and will be published in the institutional catalog with a description of the criteria for any authorized exemptions and waivers.

Sec. 2  Exemptions and Waivers.   The authority of the Board of Regents to grant exemptions and waivers from tuition, fees, and other charges in accordance with statute, is delegated to the presidents of the institutions.

Sec. 3  Delegation of Approval of Certain Fees and Charges.   Subject to the obligation of the Board to set fees and charges at levels sufficient to comply with the covenants made in the Master Resolution Establishing the Revenue Financing System and in related agreements and debt instruments entered into or issued thereunder, the Board of Regents delegates to the presidents the authority to assess and collect the following fees and other charges, upon a finding by the president that such fees and other charges comply with the requirements of the statute authorizing such fees or charges, including statutory limitations on the amounts of such charges. Each institution shall adopt provisions in the institutional Handbook of Operating Procedures to incorporate institutional procedures for proposing and approving the fees and charges listed in this section.

3.1  Approval authority for the following fees is conditioned on prior review and approval by the Executive Vice Chancellor for Academic Affairs or the Executive Vice Chancellor for Health Affairs:

1.  Fees for Vehicle Registration and Fees and Other Charges associated with parking, as authorized by Texas Education Code Sections 51.202(a) and 54.505

2.  Matriculation Fee, as authorized by Texas Education Code Section 54.006(a-1)

3.  Fees Associated with the Option to Pay Tuition by Installment, as authorized by Texas Education Code Section 54.007(c)

4.  Supplemental Fees for coaching or individual instruction, as authorized by Texas Education Code Section 54.051(l)

5.  Laboratory Fees, as authorized by Texas Education Code Section 54.501(a)

6.  Incidental Fees, as authorized by Texas Education Code Section 54.504 including, but not limited to, course fees

7.  Charges and Fees for Certain Payments, related to electronic funds transfer or credit card payment, as authorized by Texas Education Code Section 54.5011

8.  Fees and Other Charges for rentals, rates, and charges for certain occupancy, services, use and availability of facilities or services including, but not limited to, student housing room and board rates as authorized by Texas Education Code Section 55.16

3.2  Approval authority for the following fees is delegated directly to the presidents:

1.  Continuing Education or Self-Supporting Course Fees, as authorized by Texas Education Code Section 54.545.

2.  Elective non-academic charges for goods or services that are not typically required at any point over the course of a student’s enrollment at an institution. Examples of such charges include those for theater or sporting event tickets, health center goods and services, or elective recreational activities such as intramural sports or personal training.

Sec. 4  Approval of Method of Payment.   The Board of Regents delegates to the presidents of the institutions the authority to collect the payment of tuition, fees, and other charges in accordance with those methods prescribed or authorized by statute.

Sec. 5  Student Fees Associated with CIP Projects.   In accordance with Rule 80301 of these Rules, Board approval of a Capital Improvement Program (CIP) project shall be obtained prior to the call for a student election to authorize new or increased fees to fund the CIP project.

3.  Definitions 

None

4.  Relevant Federal and State Statutes 

Texas Education Code Section 51.202(a) – Rules and Regulations 
Texas Education Code  Section 54.006(a-1) – Matriculation 
Texas Education Code  Section 54.007(c) – Fees Associated with Option to Pay Tuition By Installment 
Texas Education Code  Section 54.0071 – Authority of Institution to Provide Payment Options for Student with Delayed Financial Aid 
Texas Education Code Section 54.008 – Tuition Rate Set by Governing Board 
Texas Education Code Section 54.051(l) – Tuition Rates 
Texas Education Code Section 54.0513 – Designated Tuition 
Texas Education Code Section 54.501(a) – Laboratory Fees 
Texas Education Code Section 54.5011 – Charges and Fees for Certain Payments 
Texas Education Code Section 54.504 – Incidental Fees 
Texas Education Code Section 54.505 – Vehicle Registration Fees and Other Fees Related to Parking and Traffic 
Texas Education Code Section 54.545 – Fees for Continuing Education Courses 
Texas Education Code Section 55.16(c) – Rentals, Rates, and Charges 

5.  Relevant System Policies, Procedures, and Forms 

Regents’ Rules and Regulations, Rule 80109 – Parking and Traffic Regulations 

6.  Who Should Know 

Administrators 
Students

7.  System Administration Office(s) Responsible for Rule 

Office of Academic Affairs 
Office of Health Affairs 

8.  Dates Approved or Amended 

November 14, 2019
December 12, 2013 
Editorial amendments made to Number 4 on March 6, 2012 
November 10, 2011 
Editorial amendments made to Section 3 and Number 5 on September 17, 2008 
Editorial amendments made to Section 3 on February 15, 2008 
August 23, 2007 
December 10, 2004 

9.  Contact Information 

Questions or comments regarding this Rule should be directed to: 
•  bor@utsystem.edu