1-1     By:  Ogden                                             S.B. No. 806

 1-2           (In the Senate - Filed February 26, 1997; March 4, 1997, read

 1-3     first time and referred to Committee on Education; April 4, 1997,

 1-4     reported adversely, with favorable Committee Substitute by the

 1-5     following vote:  Yeas 7, Nays 1; April 4, 1997, sent to printer.)

 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 806                  By:  Haywood

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the use of student fees and certain other funds to

1-10     support intercollegiate athletics at a public institution of higher

1-11     education.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter A, Chapter 54, Education Code, is

1-14     amended by adding Section 54.009 to read as follows:

1-15           Sec. 54.009.  USE OF FEES TO SUPPORT INTERCOLLEGIATE

1-16     ATHLETICS.  (a)  Except as provided by Subsections (b) and (c), the

1-17     governing board of an institution of higher education may not use

1-18     any revenue derived from any student fee or general use fee or any

1-19     money collected from students from any other source, including

1-20     rentals, rates, charges, or fees to support intercollegiate

1-21     athletics.

1-22           (b)  An institution may use, to support intercollegiate

1-23     athletics, funds from:

1-24                 (1)  the noncompulsory sale of tickets or passes to

1-25     intercollegiate athletic events; or

1-26                 (2)  the receipts from an intercollegiate athletic

1-27     event, including a charge for admission to an event or for the

1-28     purchase of food, drinks, or other merchandise.

1-29           (c)  The governing board of an institution of higher

1-30     education may use a student fee, general use fee, or revenue

1-31     derived from a fee to support intercollegiate athletics if:

1-32                 (1)  the institution informs its students at least once

1-33     a year of the amount of fees and revenue derived from fees that

1-34     will be used to support intercollegiate athletics; and

1-35                 (2)  the ballot expressly states the amount of the fee

1-36     that will be used to support intercollegiate athletics, if the fee

1-37     is subject to approval at an election of the student body.

1-38           (d)  The total amount of student fees and general use fees

1-39     that may be used to support intercollegiate athletics may not

1-40     exceed $100 per student for a semester or 12-week summer term or

1-41     $35 per student for a summer term shorter than 12 weeks.

1-42           (e)  This section applies to all student fees and general use

1-43     fees, including fees adopted or approved before the date this

1-44     section became law, except that a fee approved at an election of

1-45     the student body before the date this section became law is subject

1-46     to Subsection (c)(2) only if the amount of the fee is increased.

1-47           (f)  In this section:

1-48                 (1)  "Student fee" means a fee charged under Subchapter

1-49     E.

1-50                 (2)  "General use fee" means a fee charged under

1-51     Section 55.16.

1-52           SECTION 2.  (a)  This Act takes effect September 1, 1997, and

1-53     applies, except as provided by Subsection (b) of this section,

1-54     beginning with any fees charged to a student of an institution of

1-55     higher education for the spring semester of 1998.

1-56           (b)  If, in the fall semester of 1997, an institution of

1-57     higher education is charging a total amount of student fees and

1-58     general use fees to support intercollegiate athletics in excess of

1-59     the amount allowed under Section 54.009, Education Code, as added

1-60     by this Act, the institution shall comply with the provisions of

1-61     Section 54.009, Education Code, as added by this Act, not later

1-62     than the fall semester of 1998.

1-63           SECTION 3.  The importance of this legislation and the

1-64     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

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

 2-3     days in each house be suspended, and this rule is hereby suspended.

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