H.B. No. 3114
 
 
 
 
AN ACT
  relating to student fees at component institutions of The Texas A&M
  University System.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.5031(a), Education Code, is amended
  to read as follows:
         (a)  A student fee advisory committee is established at each
  institution of higher education except The University of Texas at
  Austin and the institutions of The Texas A&M University System to
  advise the governing board and administration of the institution on
  the type, amount, and expenditure of compulsory fees for student
  services under Section 54.503 of this code.
         SECTION 2.  Subchapter E, Chapter 54, Education Code, is
  amended by adding Section 54.5032 to read as follows:
         Sec. 54.5032.  STUDENT FEE ADVISORY COMMITTEE; THE TEXAS A&M
  UNIVERSITY SYSTEM. (a)  A student fee advisory committee is
  established at each component institution of The Texas A&M
  University System to advise the board of regents and the
  administration of the institution on the type, amount, and
  expenditure of compulsory fees for student services under Section
  54.503, for student health and medical services under Section
  54.507, for student center facilities under Section 54.521, and for
  recreational sports under Section 54.539.
         (b)  Each committee is composed of the following nine
  members:
               (1)  five student members who are enrolled for not less
  than six semester credit hours at the institution and who are
  representative of all students enrolled at the institution,
  selected under Subsection (c); and
               (2)  four members who are representative of the entire
  institution, appointed by the president of the institution.
         (c)  If the institution has a student government, the student
  government shall appoint three students to serve two-year terms on
  the committee and two students to serve one-year terms on the
  committee. If the institution does not have a student government,
  the students enrolled at the institution shall elect three students
  to serve two-year terms on the committee and two students to serve
  one-year terms on the committee. A candidate for a position on the
  committee must designate whether the position is for a one-year or
  two-year term.
         (c-1)  This subsection expires September 1, 2009.
  Notwithstanding Subsection (c):
               (1)  a person serving on the student fee advisory
  committee under Section 54.5031 at an institution to which this
  section applies on the date this section takes effect is considered
  to be a member of the student fee advisory committee established at
  the institution under this section for the same term that the person
  is serving when this section takes effect; and
               (2)  a person appointed, elected, or otherwise selected
  to serve on the student fee advisory committee under Section
  54.5031 at an institution to which this section applies before the
  date this section takes effect for a term that was to begin on or
  after the date this section takes effect is considered to have been
  appointed, elected, or otherwise selected to serve on the student
  fee advisory committee established at the institution under this
  section for the same term.
         (d)  A student member of the committee who withdraws from the
  institution must resign from the committee.
         (e)  A vacancy in an appointive position on the committee
  shall be filled for the unexpired portion of the term in the same
  manner as the original appointment. A vacancy in an elective
  position on the committee shall be filled for the unexpired portion
  of the term by appointment by the president of the institution.
         (f)  The committee shall:
               (1)  study the type, amount, and expenditure of the
  compulsory fees imposed under Sections 54.503, 54.507, 54.521, and
  54.539; and
               (2)  meet with appropriate administrators of the
  institution, submit a written report on the study under Subdivision
  (1), and recommend the type, amount, and expenditure of the
  compulsory fees to be charged for the next academic year.
         (g)  Before recommending the student fee budget to the board
  of regents each year, the president of the institution shall
  consider the report and recommendations of the committee. If the
  president's recommendations to the board of regents are
  substantially different from the committee's recommendations to
  the president, the president of the institution shall notify the
  committee not later than the last date on which the committee may
  request an appearance at the meeting of the board of regents at
  which the student fee budget will be considered. On request of a
  member of the committee, the president of the institution shall
  provide the member with a written report of the president's
  recommendations to the board of regents.
         SECTION 3.  Sections 54.539(a), (c), (d), and (e), Education
  Code, are amended to read as follows:
         (a)  If approved by student vote at an institution, the Board
  of Regents of The Texas A&M University System may charge students at
  a component institution of [such institutions within] The Texas A&M
  University System a recreational sports fee not to exceed $175 for
  each regular [$100 a] semester and not to exceed $87.50 for each
  term of each [or 12-week] summer session [or $50 a six-week summer
  session]. The fee may be used only for financing, constructing,
  operating, maintaining, and improving new and existing
  recreational sports facilities and programs at the designated
  institution [university].
         (c)  The amount of the fee authorized by this section may not
  be increased to an amount that exceeds by 10 percent or more the
  total amount of the fee that is in effect on September 1, 2007, or as
  last approved by a student vote under this subsection [from one
  academic year to the next] unless the increase has been approved by
  a majority vote of the students at the affected institution
  participating in a general election called for that purpose[,
  except that at Tarleton State University the fee may be increased by
  not more than 10 percent from one academic year to the next without
  holding an election]. The fee may not exceed the maximum amounts
  provided by Subsection (a).
         (d)  If, in an academic year, the total compulsory fee
  charged under this section is proposed to be increased by an amount
  less than an amount that would require a student election under
  Subsection (c), the board of regents of The Texas A&M University
  System may, in lieu of an election, hold a public meeting on the
  increase at which students have the opportunity to comment before
  the increase takes effect [A fee may not be imposed under this
  section until the semester in which a campus recreational sports
  facility will be available for use].
         (e)  Each university shall collect any student recreational
  sports fee imposed under this section and shall deposit the money
  collected in an account to be known as the student recreational
  sports account. [A recreational sports fee may not be collected
  after the 20th anniversary of the date it is first collected or
  after all bonded indebtedness for any campus recreational sports
  facility for which the fee receipts are pledged is paid, whichever
  is later.]
         SECTION 4.  Subchapter E, Chapter 54, Education Code, is
  amended by adding Sections 54.5395, 54.5396, and 54.5397 to read as
  follows:
         Sec. 54.5395.  INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M
  INTERNATIONAL UNIVERSITY. (a)  The board of regents of The Texas
  A&M University System may impose an intercollegiate athletics fee
  on each student enrolled at Texas A&M International University. The
  fee may not be imposed unless approved by a majority vote of the
  students participating in a general student election held at the
  university for that purpose.
         (b)  The amount of the fee may not exceed $5 per semester
  credit hour for each regular semester or summer session, unless the
  amount is increased as provided by Subsection (c).
         (c)  The amount of the fee may not be increased to an amount
  that exceeds by 10 percent or more the total amount of the fee as
  last approved by a student vote under Subsection (a) or this
  subsection unless the increase has been approved by a majority vote
  of the students enrolled at the university who participate in a
  general student election held for that purpose.
         (d)  A student enrolled in more than 15 semester credit hours
  shall pay the fee in an amount equal to the amount imposed on a
  student enrolled in 15 semester credit hours during the same
  semester or session.
         (e)  A fee imposed under this section may be used to develop
  and maintain an intercollegiate athletics program at the
  university.
         (f)  A fee imposed under this section is in addition to any
  other fee authorized by law and may not be considered in determining
  the amount of student services fees that may be imposed under
  Section 54.503.
         Sec. 54.5396.  INTERCOLLEGIATE ATHLETICS FEES; WEST TEXAS
  A&M UNIVERSITY. (a)  The board of regents of The Texas A&M
  University System may impose an intercollegiate athletics fee on
  each student enrolled at West Texas A&M University. The fee may not
  be imposed unless approved by a majority vote of the students
  participating in a general student election held at the university
  for that purpose.
         (b)  The amount of the fee may not exceed $10 per semester
  credit hour for each regular semester or summer session, unless the
  amount is increased as provided by Subsection (c).
         (c)  The amount of the fee may not be increased to an amount
  that exceeds by 10 percent or more the total amount of the fee as
  last approved by a student vote under Subsection (a) or this
  subsection unless the increase has been approved by a majority vote
  of the students enrolled at the university who participate in a
  general student election held for that purpose.
         (d)  A student enrolled in more than 13 semester credit hours
  shall pay the fee in an amount equal to the amount imposed on a
  student enrolled in 13 semester credit hours during the same
  semester or session.
         (e)  A fee imposed under this section may be used to develop
  and maintain an intercollegiate athletics program at the
  university.
         (f)  A fee imposed under this section is in addition to any
  other fee authorized by law and may not be considered in determining
  the amount of student services fees that may be imposed under
  Section 54.503.
         Sec. 54.5397.  INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M
  UNIVERSITY––COMMERCE. (a)  The board of regents of The Texas A&M
  University System may impose an intercollegiate athletics fee on
  each student enrolled at Texas A&M University––Commerce. The fee
  may not be imposed unless approved by a majority vote of the
  students participating in a general student election held at the
  university for that purpose.
         (b)  The amount of the fee may not exceed $10 per semester
  credit hour for each regular semester or summer session, unless the
  amount is increased as provided by Subsection (c).
         (c)  The amount of the fee may not be increased to an amount
  that exceeds by 10 percent or more the total amount of the fee as
  last approved by a student vote under Subsection (a) or this
  subsection unless the increase has been approved by a majority vote
  of the students enrolled at the university who participate in a
  general student election held for that purpose.
         (d)  A student enrolled in more than 13 semester credit hours
  shall pay the fee in an amount equal to the amount imposed on a
  student enrolled in 13 semester credit hours during the same
  semester or session.
         (e)  A fee imposed under this section may be used to develop
  and maintain an intercollegiate athletics program at the
  university.
         (f)  A fee imposed under this section is in addition to any
  other fee authorized by law and may not be considered in determining
  the amount of student services fees that may be imposed under
  Section 54.503.
         SECTION 5.  The change in law made by this Act applies
  beginning with a fee imposed for the 2007 fall semester.  A fee
  imposed for an academic period before the 2007 fall semester is
  covered by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3114 was passed by the House on May 4,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3114 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor