Education Code §135.52

(a) The board shall collect tuition at the rates provided by law and registration fees. (b) The board may charge a student a higher rate of tuition than the tuition that would otherwise be charged for a course in which the student enrolls if: (1) the student has previously enrolled in the same course or a course of substantially the same content and level two or more times; and (2) the student's enrollment in the course is not included in the contact hours used in the funding formulas established under Section 61.059 for use in making appropriation recommendations for the system. (c) Subsection (b) does not apply to a non-degree-credit developmental course. (d) The total amount of tuition charged to the student under Subsection (b) for the repeated course may not exceed the full cost of instruction for the course with respect to the student.