By Kamel                                        H.B. No. 1218

      75R1990 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the student fee advisory committee at The University of

 1-3     Texas at Austin.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 54.5031(a), Education Code, is amended to

 1-6     read as follows:

 1-7           (a)  A student fee advisory committee is established at each

 1-8     institution of higher education [except The University of Texas at

 1-9     Austin] to advise the governing board and administration of the

1-10     institution on the type, amount, and expenditure of compulsory fees

1-11     for student services under Section 54.503 of this code.

1-12           SECTION 2.  Sections 54.513(b) and (f), Education Code, are

1-13     amended to read as follows:

1-14           (b)  Subject to Section 54.5031 [54.514] of this subchapter

1-15     and subsections (j) and (k) of this section, the board of regents

1-16     of The University of Texas System may charge and collect from

1-17     students registered at The University of Texas at Austin fees to

1-18     cover the cost of student services that the board considers

1-19     necessary or desirable in carrying out the educational functions of

1-20     the university.

1-21           (f)  Money collected as fees for student services shall be:

1-22                 (1)  reserved and accounted for in an account kept

1-23     separate from educational and general funds of the university;

1-24                 (2)  used only for the support of student services;

 2-1                 (3)  used only after the compulsory fees to be included

 2-2     in the student service fees budget have been considered as provided

 2-3     by Section 54.5031 [54.514] of this subchapter; and

 2-4                 (4)  placed in a depository bank designated by the

 2-5     board and secured as provided by law.

 2-6           SECTION 3.  Section 54.514, Education Code, is amended to

 2-7     read as follows:

 2-8           Sec. 54.514.  PARKING AND TRAFFIC POLICIES [STUDENT FEES

 2-9     ADVISORY] COMMITTEE; THE UNIVERSITY OF TEXAS AT AUSTIN.  [(a)]  The

2-10     [student fees advisory committee is established to advise the

2-11     administration of The University of Texas at Austin on the type,

2-12     level, and expenditure of compulsory fees for student services

2-13     collected at the university under Section 54.513 of this

2-14     subchapter.  The administration may also ask the student fees

2-15     advisory committee to advise the administration of the university

2-16     on the type, level, and expenditure of voluntary fees for student

2-17     services collected at the university under Section 54.513 of this

2-18     subchapter.  The committee is composed of nine members.]

2-19           [(b)  Five of the members of the student fees advisory

2-20     committee must be student members.  The student members must be

2-21     students who are enrolled in not less than six semester hours at

2-22     the university and who are generally representative of the student

2-23     body.  If a student government exists, the student members shall be

2-24     selected by the student government of the university.  The student

2-25     members shall be selected and designated as appropriate so that

2-26     three student members on the committee are serving terms of two

2-27     years, and two student members are serving terms of one year.  If a

 3-1     student government does not exist, the students shall be elected by

 3-2     the students enrolled in the university voting in an election held

 3-3     for that purpose.  At each election, the appropriate number of

 3-4     students shall be elected for terms of appropriate length so that

 3-5     three student members on the committee are serving terms of two

 3-6     years, and two student members are serving terms of one year.  At

 3-7     an election at which three students are being elected for terms of

 3-8     two years and two students are being elected for terms of one year,

 3-9     each candidate must file for a one-year or two-year position.]

3-10           [(c)  The four remaining members of the student fees advisory

3-11     committee shall be appointed by the president of the university and

3-12     shall be generally representative of the total university

3-13     community.  Each nonstudent member of the committee serves for a

3-14     term of one year but may be reappointed.]

3-15           [(d)  A student member who ceases to be a student may not

3-16     continue to hold a student membership position.  If a student

3-17     vacancy occurs, the student government shall appoint a new member

3-18     to serve for the remainder of the unexpired term.  In the absence

3-19     of student government or if the vacancy is in a nonstudent

3-20     position, the president of the university shall appoint a new

3-21     member to serve for the remainder of the unexpired term.]

3-22           [(e)  The committee shall conduct appropriate inquiry into

3-23     the type, level, and expenditure of any compulsory fees to be

3-24     charged under Section 54.513 of this subchapter and on the

3-25     expenditure of money generated from those fees.  Following the

3-26     committee's inquiries, the committee and the appropriate members of

3-27     the university administration shall meet, and at the meeting the

 4-1     committee shall submit to the administration a statement

 4-2     recommending the type, level, and expenditure of compulsory fees to

 4-3     be charged to students in the academic year beginning with the

 4-4     following fall semester.]

 4-5           [(f)  The president shall duly consider the recommendations

 4-6     of the student fees advisory committee in his recommendations to

 4-7     the board of regents of The University of Texas System which

 4-8     recommendations shall be submitted to the board during the annual

 4-9     budgetary process.  If the president's recommendations to be made

4-10     to the board are substantially different from those of the student

4-11     fees advisory committee to the administration, the administration

4-12     shall so notify the student fees advisory committee in sufficient

4-13     time for the committee to request time for an appearance on the

4-14     regents' agenda for the meeting at which the board will consider

4-15     the president's recommendations.  The administration shall provide

4-16     to a student member designated by the student members of the

4-17     committee, upon that student member's request, the most recent and

4-18     complete recommendations of the president to the board.]

4-19           [(g)  In addition to selecting the student members of the

4-20     student fees advisory committee, the] student government of The

4-21     University of Texas at Austin, if one exists, is entitled to select

4-22     the student  members of the university parking and traffic policies

4-23     committee established by the president of the university.  The

4-24     university parking and traffic policies committee shall provide

4-25     copies of any recommendations it makes concerning the setting of

4-26     student parking fees to the student fee [fees] advisory committee.

4-27     The student fee [fees] advisory committee may make such comments

 5-1     and recommendations to the administration on the recommendations of

 5-2     the university parking and traffic policies committee as it may

 5-3     wish.

 5-4           SECTION 4.  This Act applies to vacancies that occur on the

 5-5     student fee advisory committee at The University of Texas at Austin

 5-6     beginning with the election or appointment of members to each

 5-7     vacancy that occurs after January 1, 1998.  A member of the student

 5-8     fees advisory committee at The University of Texas at Austin

 5-9     serving on January 1, 1998, may continue to serve as a member of

5-10     the student fee advisory committee under Section 54.5031, Education

5-11     Code, as amended by this Act, until the end of the member's term,

5-12     if the member is a student member, or until removed or replaced, if

5-13     the member is appointed by the president of the university.

5-14           SECTION 5.  The importance of this legislation and the

5-15     crowded condition of the calendars in both houses create an

5-16     emergency and an imperative public necessity that the

5-17     constitutional rule requiring bills to be read on three several

5-18     days in each house be suspended, and this rule is hereby suspended.