SRC-JJJ H.B. 2622 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2622
76R6920 KEL-DBy: Chavez (Shapleigh)
Higher Education
4/29/1999
Engrossed


DIGEST 

Some institutions of higher education have requested that their governing
boards (boards) waive certain fees charged to students who take courses but
who are not using campus-based student services.  Such a waiver could apply
to students who take courses via distance education and are not "on campus"
students; students who attend other special courses offered at a location
away from campus; and employees who enroll for one course who do not
require student health services. According to Attorney General Opinion
H-1028, unless a statute explicitly permits a waiver, a board may not waive
any fee created by Chapters 54 or 55, Education Code.  H.B. 2622 would
establish the authority of the board  to waive certain fees.  

PURPOSE

As proposed, H.B. 2622 establishes the authority of the governing board of
an institution of higher education to waive certain fees.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54E, Education Code, by adding Section 54.5035,
as follows: 

Sec. 54.5035.  WAIVER OF FEES.  Authorizes the governing board of an
institution of higher education (board) to waive a mandatory or
discretionary fee for a student if the board determines that the student is
not reasonably able to participate in or use the activity, service, or
facility for which the fee is charged, with an exception.  Authorizes the
board to waive a mandatory or discretionary fee for a specific category of
students if the board determines that the waiver is in the best interest of
the institution or is critical to the viability of an academic initiative.
Requires the board to ensure that a waiver does not result in the
institution's inability to service a debt to which revenue from the fee is
obligated or to support an activity, service, or facility for which the fee
is charged.  Provides that this section does not  permit the board  to
waive payment of tuition or laboratory fees.  Authorizes the board to limit
or prohibit a student's participation in or use of an activity, service, or
facility supported by the fee that is waived for the student. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.