By Chavez                                             H.B. No. 2993

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of a governing board of an institution of

 1-3     higher education to waive certain fees.

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

 1-5           SECTION 1.  Subchapter E, Chapter 54, Education Code, is

 1-6     amended by adding Section 54.546 to read as follows:

 1-7           Sec. 54.546.  AUTHORITY OF GOVERNING BOARD TO WAIVE MANDATORY

 1-8     AND VOLUNTARY FEES.  (a)  The governing board of an institution of

 1-9     higher education may waive any fee or fees for which it has

1-10     authority to assess, regardless of whether the fee is mandatory,

1-11     when it deems that the student cannot be reasonably expected to

1-12     have access to the activities, services, or facilities for which

1-13     the fee is charged.  The board may also waive fees for other

1-14     specific categories of students when it deems that it is in the

1-15     best interest if the institution or that it is crucial to the

1-16     viability of an academic initiative to do so.

1-17           (b)  The governing board must ensure that waiving said fees

1-18     will not result in the institution's inability to generate adequate

1-19     funds to service any debt to which the fee collections are

1-20     obligated or to support the service and/or facility for which the

1-21     fee is charged.

1-22           (c)  The governing board of an institution of higher

1-23     education may not waive payment of tuition or lab fees except as

1-24     provided within this code.

 2-1           (d)  The board may limit accordingly the participation of a

 2-2     student in the activities or access to services and facilities

 2-3     financed by the fee or fees so waived.

 2-4           SECTION 2.  This Act takes effect September 1, 1997.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.