HBA-MPM H.B. 2622 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2622
By: Chavez
Higher Education
7/19/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, some institutions of higher education had
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 would apply to students taking courses via
distance education and who were not "on campus" students; students who
attended other special courses offered at a location away from campus; and
employees who enrolled for a course who did not require student health
center 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 (Tuition and Fees) or 55 (Financing Permanent Improvements),
Education Code.  

H.B. 2622 authorizes the board of an institution of higher education to
waive certain mandatory or discretionary fees for certain students if those
students will not utilize the service or services provided by the fee. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

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

Sec. 54.5035.  WAIVER OF FEES.  (a)  Authorizes the governing board (board)
of an institution of higher education (institution) to waive a mandatory or
discretionary fee for a student if it is determined that the student is not
reasonably able to participate in or use the activity, service, or facility
for which the fee is charged, except as provided by Subsection (c). 

(b)  Authorizes the board of an institution to waive a mandatory or
discretionary fee for a specific category of students if it is determined
that the waiver is in the best interest of the institution or is critical
to the viability of an academic initiative. 

(c)  Provides that the board must ensure that a waiver under this section
does not cause 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. 

(d)  Provides that this section does not permit the board to waive payment
of tuition or laboratory fees. 

(e)  Authorizes the board to limit or prohibit a student's participation in
or use of an activity, service, or facility supported by a fee waived for
the student under this section. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.