1-1 By: Nelson S.B. No. 150
1-2 (In the Senate - Filed January 20, 1993; January 21, 1993,
1-3 read first time and referred to Committee on Education;
1-4 February 10, 1993, reported favorably by the following vote: Yeas
1-5 10, Nays 0; February 10, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the student use fee at Tarleton State University.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 55.16, Education Code, is amended to read
1-24 as follows:
1-25 Sec. 55.16. Rentals, Rates, Charges, and Fees. <(a)> Each
1-26 board shall be authorized to fix and collect rentals, rates,
1-27 charges, and/or fees from students and others for the occupancy,
1-28 services, use, and/or availability of all or any of its property,
1-29 buildings, structures, activities, operations, or other facilities,
1-30 in such amounts and in such manner as may be determined by the
1-31 board; provided, however, that all student use fees shall be fixed
1-32 and collected in proportion to the number of semester credit hours
1-33 for which a student registers, and shall not exceed $12 per
1-34 semester hour, except that those schools charging more than $6 per
1-35 semester hour as of May 1, 1975, shall not exceed the amount being
1-36 charged as of that date<, and except as provided by Subsection (b)
1-37 of this section>. The board may waive all or any part of any such
1-38 student use fees in the case of any student for whom the payment of
1-39 such student use fee would cause an undue economic hardship, except
1-40 that the number of such students for whom such waivers are granted
1-41 shall not exceed 5% of the total enrollment; and further provided
1-42 that nothing in this section shall affect, limit, or impair any
1-43 pledge, covenant, or option made or reserved by the board with
1-44 respect to any revenue bonds outstanding as of the 1975 amendment
1-45 to this section, issued by the board pursuant to this chapter; and
1-46 provided that hereafter if bonds are issued pursuant to Section
1-47 55.17 of this code, to be secured by a pledge of a limited or
1-48 unlimited use fee, and if, at the time of authorizing the issuance
1-49 of the bonds, (1) the estimated maximum amount per semester hour of
1-50 such pledged use fee (based on then current enrollment and
1-51 conditions) during any future semester necessary to provide for the
1-52 payment of the principal of and interest on the bonds when due,
1-53 together with (2) the aggregate amount of all use fees which were
1-54 levied on a semester hour basis for the then current semester to
1-55 pay the principal of and interest on all previously issued bonds,
1-56 do not exceed $12 per semester hour, <except as provided by
1-57 Subsection (b) of this section,> then such limited or unlimited use
1-58 fee shall be levied and collected when and to the extent required
1-59 by the resolution authorizing the issuance of the bonds in any
1-60 amount required to provide for the payment of the principal of and
1-61 interest on the bonds, regardless of any other provision of this
1-62 section or the limitations contained herein.
1-63 <(b) If approved by student vote as provided by this
1-64 subsection, for students enrolled at Tarleton State University, the
1-65 board of regents of The Texas A&M University System may set the
1-66 student use fee authorized under Subsection (a) of this section in
1-67 an amount not to exceed $12 per semester hour. The fee increase
1-68 may not be imposed unless the increase has been approved by a
2-1 majority of those students voting on the issue in a general student
2-2 election in which the issue is presented.>
2-3 SECTION 2. Section 55.16, Education Code, as amended by this
2-4 Act, applies only to student use fees at Tarleton State University
2-5 that become due beginning with the fall semester in 1993. Student
2-6 use fees at Tarleton State University that became due before that
2-7 semester are governed by the law in effect at the time those fees
2-8 were due, and that law is continued in effect for this purpose
2-9 only.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.
2-17 * * * * *
2-18 Austin,
2-19 Texas
2-20 February 10,
2-21 1993
2-22 Hon. Bob Bullock
2-23 President of the Senate
2-24 Sir:
2-25 We, your Committee on Education to which was referred S.B. No. 150,
2-26 have had the same under consideration, and I am instructed to
2-27 report it back to the Senate with the recommendation that it do
2-28 pass and be printed.
2-29 Ratliff,
2-30 Chairman
2-31 * * * * *
2-32 WITNESSES
2-33 FOR AGAINST ON
2-34 ___________________________________________________________________
2-35 Name: Demis McCabe X
2-36 Representing: Tarleton State Univ.
2-37 City: Stephenville
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2-39 Name: Edward Bicket X
2-40 Representing: Tarleton State Univ.
2-41 City: Stephenville
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