1-1 By: Chavez (Senate Sponsor - Shapleigh) H.B. No. 2622 1-2 (In the Senate - Received from the House April 9, 1999; 1-3 April 12, 1999, read first time and referred to Committee on 1-4 Education; May 6, 1999, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 6, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the authority of the governing board of an institution 1-9 of higher education to waive certain fees. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter E, Chapter 54, Education Code, is 1-12 amended by adding Section 54.5035 to read as follows: 1-13 Sec. 54.5035. WAIVER OF FEES. (a) Except as provided by 1-14 Subsection (c), the governing board of an institution of higher 1-15 education may waive a mandatory or discretionary fee for a student 1-16 if the board determines that the student is not reasonably able to 1-17 participate in or use the activity, service, or facility for which 1-18 the fee is charged. 1-19 (b) Except as provided by Subsection (c), the governing 1-20 board of an institution of higher education may waive a mandatory 1-21 or discretionary fee for a specific category of students if the 1-22 board determines that the waiver is in the best interest of the 1-23 institution or is critical to the viability of an academic 1-24 initiative. 1-25 (c) The governing board must ensure that a waiver under this 1-26 section does not result in the institution's inability to service a 1-27 debt to which revenue from the fee is obligated or to support an 1-28 activity, service, or facility for which the fee is charged. 1-29 (d) This section does not permit the governing board to 1-30 waive payment of tuition or laboratory fees. 1-31 (e) The governing board may limit or prohibit a student's 1-32 participation in or use of an activity, service, or facility 1-33 supported by a fee that is waived for the student under this 1-34 section. 1-35 SECTION 2. This Act takes effect September 1, 1999. 1-36 SECTION 3. The importance of this legislation and the 1-37 crowded condition of the calendars in both houses create an 1-38 emergency and an imperative public necessity that the 1-39 constitutional rule requiring bills to be read on three several 1-40 days in each house be suspended, and this rule is hereby suspended. 1-41 * * * * *