By Chavez                                             H.B. No. 2993

         75R9304 T                           

                                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.  Chapter 54, Subchapter E, Section 54 of the

 1-6     Education Code is amended by adding Section 54.546 to read as

 1-7     follows:

 1-8           Sec. 54.546.  AUTHORITY OF GOVERNING BOARD TO WAIVE MANDATORY

 1-9     AND VOLUNTARY FEES.  (a)  The governing board of an institution of

1-10     higher education may waive any fee or fees for which it has

1-11     authority to assess, regardless of whether the fee is mandatory,

1-12     when it deems that the student cannot be reasonably expected to

1-13     have access to the activities, services, or facilities for which

1-14     the fee is charged.  The board may also waive fees for other

1-15     specific categories of students when it deems that it is in the

1-16     best interest if the institution, or that it is crucial to the

1-17     viability of an academic initiative to do so.

1-18           (b)  The governing board must ensure that waiving said fees

1-19     will not result in the institution's inability to generate adequate

1-20     funds to service any debt to which the fee collections are

1-21     obligated, or to support the service and/or facility for which the

1-22     fee is charged.

1-23           (c)  The governing board of an institution of higher

1-24     education may not waive payment of tuition or lab fees except as

 2-1     provided within this code.

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

 2-3     student in the activities, or access to services and facilities

 2-4     financed by the fee or fees so waived.

 2-5           SECTION 2.  This Act takes effect September 1, 1997.

 2-6           SECTION 3.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.