SRC-JRN H.B. 2993 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2993
By: Chavez (Shapleigh)
Education
5-15-97
Engrossed


DIGEST 

Currently, institutions of higher education are requesting governing board
authority to waive certain fees charged to students who take courses, but
who are not using campus-based student services. Students who take courses
via distance learning represent students who often do not require certain
services such as the student health center, but are still required to pay
fees for this service.  This bill enables the governing board of an
institution of higher education to waive certain fees. 

PURPOSE

As proposed, H.B. 2993 enables the governing board of an institution of
higher education to waive certain fees. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54E, Education Code, by adding Section 54.546,
as follows: 

Sec. 54.546. AUTHORITY OF GOVERNING BOARD TO WAIVE MANDATORY AND VOLUNTARY
FEES.  Authorizes the governing board of an institution of higher
education to waive any fee or fees for which it has authority to assess,
regardless of whether the fee is mandatory, when it deems that the student
cannot be reasonable expected to have access to the activities, services,
or facilities for which the fee is charged.  Authorizes the board to waive
fees for other specific categories of students when it deems that it is in
the best interest if the institution or that it is crucial to the
viability of an academic initiative to do so.  Requires the governing
board to ensure that waiving said fees will not result in the
institution's inability to generate adequate funds to service any debt to
which the fee collections are obligated or to support the service and/or
facility for which the fee is charged. Prohibits the governing board of an
institution of higher education from waiving payment of tuition or lab
fees except as provided within this code.  Authorizes the board to limit
accordingly the participation of a student in the activities or access to
services and facilities financed by the fee or fees so waived. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.