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. 2-4 * * * * *