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.