MMA H.B. 2993 75(R)BILL ANALYSIS


HIGHER EDUCATION
H.B. 2993
By: Chavez
5-8-97
Committee Report (Unamended)



BACKGROUND 

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. This includes students who take
courses via distance learning.  Often, these courses are special courses
offered to students at a location away from campus.  Students and/or
employees who enroll in a course, often do not require certain services
such as the student health center yet are still obligated to pay the fee
for that service.  Attorney General Opinion H-1028 states that "Unless a
statute explicitly permits the waiver, a governing board may not waive any
fee created by Chapter 54 or 55 of the Education Code.  A university may
not charge a discretionary, voluntary fee of a student who will not use
the service the fee is designed to subsidize.  Where the legislature has
not stipulated that a discretionary fee must be compulsory, voluntary, or
the governing board's choice, the fee must be compulsory." 

PURPOSE

H.B. 2993 would enable the governing board of an institution of higher
education to waive certain fees. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54, Subchapter E, Section 54, Education Code,
by adding Section 54.546 to read as follows: 
Sec. 54.546. AUTHORITY OF GOVERNING BOARD TO WAIVE MANDATORY AND VOLUNTARY
FEES. (a) Permits the governing board of an institution of higher
education to waive any fee under its authority, if the student does not
have reasonable access to the activities, services or facilities for which
the fee is charged.  Authorizes the board to waive other fees for specific
categories of students if it is in the institution's best interest or if
it is crucial to the viability of an academic initiative to do so. 
(b) Requires the board to ensure that waiving a fee will not result in the
institution's inability to service any debt to which the fee collections
are obligated, or to support the service for which the fee is charged. 
(c) Prohibits the board from waiving tuition or lab fees, except as
provided within this code. 
(d) Authorizes the board to limit accordingly the participation of a
student in the activities or access to services and facilities for which a
fee is waived. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.