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
2-7 (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
5-13 (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
5-19 (b-2) Subsection (b-1) and this subsection expire January 1,
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.