H.B. No. 815
    1-1                                AN ACT
    1-2  relating to certain fees charged  and bonds issued by certain
    1-3  public institutions of higher education.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 54.507, Education Code, is amended by
    1-6  amending Subsection (a) and by adding Subsections (d)-(f) to read
    1-7  as follows:
    1-8        (a)  The Board of Regents of The Texas A&M University System
    1-9  may levy and collect from each student at any institution of higher
   1-10  education which is a part of The Texas A&M University System a
   1-11  compulsory group hospital and medical services fee <of> not to
   1-12  exceed $75 <$25> for each regular semester and not to exceed $25
   1-13  <$12.50> for each term of each summer session.  The compulsory
   1-14  group hospital and medical services fee may not be levied unless
   1-15  the levy of the fee has been approved by a majority vote of those
   1-16  students at the affected institution participating in a general
   1-17  student election called for that purpose.
   1-18        (d)  If, in an academic year, the total compulsory fee
   1-19  charged under this section is more than 10 percent higher than the
   1-20  compulsory fee charged under this section for the previous academic
   1-21  year, the increase does not take effect unless the increase is
   1-22  approved by a majority vote of the students voting in an election
   1-23  held for that purpose.
   1-24        (e)  If, in an academic year, the total compulsory fee
    2-1  charged under this section is proposed to be increased by an amount
    2-2  less than 10 percent over that charged in the previous academic
    2-3  year, the Board of Regents of The Texas A&M University System may,
    2-4  in lieu of an election, hold a public meeting on the increase prior
    2-5  to its taking effect in which students have the opportunity to
    2-6  comment.
    2-7        (f)  An election under this section must also permit the
    2-8  students to vote on whether hospital and medical services should be
    2-9  provided to students at the institution by the institution or by a
   2-10  private entity.  The vote by the students on the responsibility for
   2-11  provision of hospital and medical services to students at the
   2-12  institution is not binding on the institution.
   2-13        SECTION 2.  Subchapter E, Chapter 54, Education Code, is
   2-14  amended by adding Section 54.5133 to read as follows:
   2-15        Sec. 54.5133.  MARTIN LUTHER KING, JR., STATUE FEE; THE
   2-16  UNIVERSITY OF TEXAS AT AUSTIN.  (a)  The board of regents of The
   2-17  University of Texas System may charge and collect from students
   2-18  registered at The University of Texas at Austin a fee of $1 for any
   2-19  semester or summer session.  The fee shall be used for funding the
   2-20  construction of a Martin Luther King, Jr., statue on the campus of
   2-21  The University of Texas at Austin and to establish Martin Luther
   2-22  King, Jr., student scholarships.
   2-23        (b)  Any funds raised in excess of the cost of the
   2-24  construction of the Martin Luther King, Jr., statue shall be used
   2-25  to establish Martin Luther King, Jr., student scholarships.
   2-26        (c)  The fees collected shall be deposited into the Martin
   2-27  Luther King, Jr., statue fee account for the purposes outlined in
    3-1  Subsections (a) and (b).
    3-2        (d)  A fee may not be charged under this section after August
    3-3  31, 1999.
    3-4        SECTION 3.  Section 54.524(a), Education Code, is amended to
    3-5  read as follows:
    3-6        (a)  The board of regents of Texas Tech University may levy a
    3-7  regular fixed student fee not to exceed $50 <$20> per student for
    3-8  each semester of the long session and not to exceed $25 <$10> per
    3-9  student for each term of the summer session, or any fractional part
   3-10  thereof, as may in their discretion be just and necessary for the
   3-11  sole purpose of operating, maintaining, and improving the
   3-12  University Center.  The amount of the fee may be changed at any
   3-13  time within the limits specified in order to provide sufficient
   3-14  funds to support the center, but any increase in the <initial> fee
   3-15  of more than 10 percent from one academic year to the next must be
   3-16  approved by a majority vote of those students participating in a
   3-17  general election called for that purpose or by a majority vote of
   3-18  the student government.
   3-19        SECTION 4.  Sections 54.538(a), (b), and (c), Education Code,
   3-20  are amended to read as follows:
   3-21        (a)  If approved by student vote at a system institution, the
   3-22  Board of Regents, Texas State University System, may charge each
   3-23  student enrolled at such institution a recreational sports fee not
   3-24  to exceed $50 <$35> per semester or 10-week summer session or $25
   3-25  <$17.50> per five-week summer session.  The fee may be used to
   3-26  purchase equipment for and to construct, operate, and maintain
   3-27  recreational sports facilities and programs at the designated
    4-1  institution <university>.
    4-2        (b)  The recreation fee authorized by this section may not be
    4-3  <levied or> increased more than 10 percent from one academic year
    4-4  to the next unless the <levy of the fee or the> increase has been
    4-5  approved by a majority vote of those students at the affected
    4-6  institution participating in a general student election called for
    4-7  that purpose.  The fee may not exceed the amounts provided by
    4-8  Subsection (a).
    4-9        (c)  Each system institution <university> shall collect any
   4-10  student recreational sports fee imposed under this section and
   4-11  shall deposit the money collected in an account to be known as the
   4-12  student recreational sports account.
   4-13        SECTION 5.  Subchapter E, Chapter 54, Education Code, is
   4-14  amended by adding Section 54.545 to read as follows:
   4-15        Sec. 54.545.  FEES FOR CONTINUING EDUCATION COURSES.  (a)
   4-16  The governing board of an institution of higher education shall
   4-17  charge a reasonable fee to each person registered in a continuing
   4-18  education course at the institution.  The board shall set the fee
   4-19  in an amount sufficient to permit the institution to recover the
   4-20  costs to the institution of providing the course.
   4-21        (b)  This section applies only to a course for which an
   4-22  institution does not collect tuition or receive formula funding,
   4-23  including an extension course, correspondence course, or other
   4-24  self-supporting course.
   4-25        (c)  Subchapters B and D do not apply to a fee charged under
   4-26  this section.
   4-27        SECTION 6.  Subchapter E, Chapter 54, Education Code, is
    5-1  amended by adding Section 54.544 to read as follows:
    5-2        Sec. 54.544.  RECREATIONAL FACILITY FEE; THE UNIVERSITY OF
    5-3  TEXAS AT DALLAS.  (a)  The board of regents of The University of
    5-4  Texas System may charge each student enrolled at The University of
    5-5  Texas at Dallas a recreational facility fee to finance, construct,
    5-6  equip, operate, maintain, or improve student recreational
    5-7  facilities or programs at the university.
    5-8        (b)  A recreational facility fee may not exceed:
    5-9              (1)  $40 for each student for a semester of the regular
   5-10  term or a 12-week summer session; and
   5-11              (2)  $26.67 for each student for an eight-week summer
   5-12  session.
   5-13        (b-1)  Before the fall semester of 1998, a recreational
   5-14  facility fee may not exceed:
   5-15              (1)  $25 for each student for a semester of the regular
   5-16  term or a 12-week summer session; and
   5-17              (2)  $16.67 for each student for an eight-week summer
   5-18  session.
   5-19        (b-2)  Subsection (b-1) and this subsection expire January 1,
   5-20  1999.
   5-21        (c)  A recreational facility fee may not be charged or
   5-22  increased unless charging or increasing the fee is approved by a
   5-23  majority vote of the students participating in a general student
   5-24  election called for that purpose.
   5-25        (d)  The board of regents shall collect a fee charged under
   5-26  this section and deposit the fee in an account known as the
   5-27  recreational facility account.
    6-1        (e)  The board of regents may pledge a fee charged under this
    6-2  section to pay an obligation issued under the revenue financing
    6-3  system of The University of Texas System.
    6-4        (f)  A fee charged under this section may not be counted in
    6-5  determining the maximum amount of student services fees that may be
    6-6  charged under Section 54.503(b).
    6-7        (g)  A recreational facility fee may not be collected after
    6-8  the 20th anniversary of the date it is first collected or after all
    6-9  bonded indebtedness for the recreational facility for which the fee
   6-10  receipts are pledged is paid, whichever is later.
   6-11        SECTION 7.  Section 55.16, Education Code, is amended to read
   6-12  as follows:
   6-13        Sec. 55.16.  RENTALS, RATES, CHARGES, AND FEES.  (a)  Each
   6-14  board shall be authorized to fix and collect rentals, rates,
   6-15  charges, and <and/or> fees from students and others for the
   6-16  occupancy, services, use, and/or availability of all or any of its
   6-17  property, buildings, structures, activities, operations, or other
   6-18  facilities, in such amounts and in such manner as may be determined
   6-19  by the board; provided, however, that all student use fees shall be
   6-20  fixed and collected in proportion to the number of semester credit
   6-21  hours for which a student registers, and shall not exceed the
   6-22  amount permitted by Subsection (b) <$12 per semester hour>, except
   6-23  that those schools charging more than $6 per semester hour as of
   6-24  May 1, 1975, shall not exceed the amount being charged as of that
   6-25  date.  The board may waive all or any part of any such student use
   6-26  fees in the case of any student for whom the payment of such
   6-27  student use fee would cause an undue economic hardship, except that
    7-1  the number of such students for whom such waivers are granted shall
    7-2  not exceed 5% of the total enrollment; and further provided that
    7-3  nothing in this section shall affect, limit, or impair any pledge,
    7-4  covenant, or option made or reserved by the board with respect to
    7-5  any revenue bonds outstanding as of the 1975 amendment to this
    7-6  section, issued by the board pursuant to this chapter; and provided
    7-7  that hereafter if bonds are issued pursuant to Section 55.17 of
    7-8  this code, to be secured by a pledge of a limited or unlimited use
    7-9  fee, and if, at the time of authorizing the issuance of the bonds,
   7-10  (1) the estimated maximum amount per semester hour of such pledged
   7-11  use fee (based on then current enrollment and conditions) during
   7-12  any future semester necessary to provide for the payment of the
   7-13  principal of and interest on the bonds when due, together with (2)
   7-14  the aggregate amount of all use fees which were levied on a
   7-15  semester hour basis for the then current semester to pay the
   7-16  principal of and interest on all previously issued bonds, do not
   7-17  exceed the amount permitted by Subsection (b) <$12 per semester
   7-18  hour>, then such limited or unlimited use fee shall be levied and
   7-19  collected when and to the extent required by the resolution
   7-20  authorizing the issuance of the bonds in any amount required to
   7-21  provide for the payment of the principal of and interest on the
   7-22  bonds, regardless of any other provision of this section or the
   7-23  limitations contained herein.
   7-24        (b)  A board may not charge rentals, rates, charges, and fees
   7-25  under this section in a total amount per semester credit hour that
   7-26  exceeds the tuition rate per semester credit hour for a resident
   7-27  student at a general academic teaching institution under Subchapter
    8-1  B, Chapter 54, for the academic year in which the rentals, rates,
    8-2  charges, and fees are charged.  A board is not required to charge
    8-3  students enrolled in different degree programs at the institution
    8-4  the same rentals, rates, charges, and fees under this section.
    8-5        (c)  A board that charges a rental, rate, charge, or fee
    8-6  under this section may use the revenue for any purpose at the
    8-7  institution at which the revenue is collected, subject to the laws
    8-8  governing the institution and the board.  This subsection does not
    8-9  decrease the authority of a board of regents to enter into pledges
   8-10  or covenants with respect to bonds, notes, or other obligations
   8-11  under law existing before the effective date of this subsection.
   8-12        (d)  Before a board increases a rental, rate, charge, or fee
   8-13  collected under this section at an institution under the direction,
   8-14  management, and control of the board, the board or, if the board
   8-15  directs, the chief executive officer of the institution must hold a
   8-16  public hearing at the institution on the increase.
   8-17        SECTION 8.  Section 55.17, Education Code, is amended by
   8-18  adding a new Subsection (g) and relettering and amending existing
   8-19  Subsection (g) to read as follows:
   8-20        (g)  The board of regents of The University of Texas System,
   8-21  The Texas A&M University System, or Texas Tech University may not
   8-22  issue bonds under this section pursuant to its systemwide revenue
   8-23  financing program for the benefit of an institution under its
   8-24  governance unless the board determines before issuing the bonds
   8-25  that the institution is reasonably expected to have the financial
   8-26  resources necessary to meet its obligations with respect to the
   8-27  bonds without using the resources of any other institution under
    9-1  the governance of the board.  This subsection does not decrease the
    9-2  authority of a board of regents to enter into pledges or covenants
    9-3  with respect to bonds, notes, or other obligations under law
    9-4  existing before the effective date of this subsection.
    9-5        (h) <(g)>  Subsections (a) through (g) <(f)> of this section
    9-6  are cumulative of all other laws on the subject, but they shall be
    9-7  wholly sufficient authority for the issuance of the bonds and the
    9-8  performance of the acts and procedures, and the exercise of the
    9-9  powers granted and authorized thereby, regardless of any
   9-10  restrictions or limitations contained in any other laws; and when
   9-11  any bonds are being issued or any acts or procedures are being
   9-12  undertaken, or any powers being exercised pursuant to those
   9-13  subsections, then to the extent of any conflict or inconsistency
   9-14  between any provisions of those subsections, and any provision of
   9-15  any other law, the provisions of those subsections shall prevail
   9-16  and control.
   9-17        SECTION 9.  This Act applies beginning with fees and other
   9-18  charges for the fall semester of 1995.
   9-19        SECTION 10.  The importance of this legislation and the
   9-20  crowded condition of the calendars in both houses create an
   9-21  emergency and an imperative public necessity that the
   9-22  constitutional rule requiring bills to be read on three several
   9-23  days in each house be suspended, and this rule is hereby suspended,
   9-24  and that this Act take effect and be in force from and after its
   9-25  passage, and it is so enacted.