(a) This section applies only to a course offered by an institution of higher education:
(1) beginning at 6 p.m. or later during a weekday;
(2) on weekends; or
(3) at other times when the institution’s instructional facilities would otherwise be underutilized, as determined by the governing board of the institution.
(b) In accordance with coordinating board rules and for the purposes stated in § 61.0592, the governing board of an institution of higher education to which § 61.0592 applies may establish tuition rates under § 54.0513 for a course described by Subsection (a) that are not more than 25 percent lower than the rates that would otherwise apply to the course under that section.

(c) This section applies only if the legislature specifically appropriates money to institutions to which § 61.0592 applies for the state fiscal biennium ending August 31, 2009, to cover the tuition revenue lost to the institutions by the application of this section.