1-1                                   AN ACT
 1-2     relating to the authority of the governing board of an institution
 1-3     of higher education to waive certain fees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 54, Education Code, is
 1-6     amended by adding Section 54.5035 to read as follows:
 1-7           Sec. 54.5035.  WAIVER OF FEES.  (a)  Except as provided by
 1-8     Subsection (c), the governing board of an institution of higher
 1-9     education may waive a mandatory or discretionary fee for a student
1-10     if the board determines that the student is not reasonably able to
1-11     participate in or use the activity, service, or facility for which
1-12     the fee is charged.
1-13           (b)  Except as provided by Subsection (c), the governing
1-14     board of an institution of higher education may waive a mandatory
1-15     or discretionary fee for a specific category of students if the
1-16     board determines that the waiver is in the best interest of the
1-17     institution or is critical to the viability of an academic
1-18     initiative.
1-19           (c)  The governing board must ensure that a waiver under this
1-20     section does not result in the institution's inability to service a
1-21     debt to which revenue from the fee is obligated or to support an
1-22     activity, service, or facility for which the fee is charged.
1-23           (d)  This section does not permit the governing board to
1-24     waive payment of tuition or laboratory fees.
 2-1           (e)  The governing board may limit or prohibit a student's
 2-2     participation in or use of an activity, service, or facility
 2-3     supported by a fee that is waived for the student under this
 2-4     section.
 2-5           SECTION 2.  This Act takes effect September 1, 1999.
 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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2622 was passed by the House on April
         8, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2622 was passed by the Senate on May
         17, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor