By:  Harris                                            S.B. No. 732
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to authorizing certain governmental entities located in
 1-2     certain municipalities with a development corporation to assess
 1-3     fees with the approval of the municipality.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 4B, Development Corporation Act of 1979
 1-6     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
 1-7     adding Subsection (o) to read as follows:
 1-8           (o)  This subsection applies only to a city with a population
 1-9     of more than 250,000 that is located in a county with a population
1-10     of more than 1.1 million in which there are at least two
1-11     municipalities with a population of more than 250,000.  The
1-12     governing board of a general academic teaching institution, as
1-13     defined by Section 61.003, Education Code, that is located in a
1-14     city to which this subsection applies that has created a
1-15     corporation under this Act that is governed by this section may
1-16     impose a mandatory intercollegiate athletics fee on each student at
1-17     the institution with the approval of the governing body of the
1-18     city.  The governing body of the city may approve the imposition of
1-19     the fee only if the governing body finds that the operation of any
1-20     facility at the institution to be financed directly or indirectly
1-21     with revenue from the fee will not have a seriously detrimental
1-22     effect on the ability of the corporation to raise revenue to pay
1-23     the premium of or interest on outstanding bonds or other
1-24     obligations issued by the corporation.  Once approved, the
 2-1     governing board of the institution may impose the fee without
 2-2     additional approval, and the governing body of the city may not
 2-3     withdraw or revoke its approval.  The amount of the fee may not
 2-4     exceed $7.75 per semester credit hour for each regular semester,
 2-5     unless increased as provided by this subsection.  The fee may not
 2-6     be imposed unless approved by a majority vote of the students
 2-7     participating in a general student election held for that purpose.
 2-8     The amount of the fee per semester credit hour may be increased
 2-9     from one academic year to the next only if approved by a majority
2-10     vote of the students participating in a general student election
2-11     held for that purpose or, if the amount of the increase does not
2-12     exceed five percent, by the legislative body of the student
2-13     government of the institution.  The governing board of the
2-14     institution may prorate the amount of the fee for a summer session.
2-15     The fee imposed under this subsection may not be considered in
2-16     determining the maximum student services fees that may be imposed
2-17     under Section 54.503, Education Code.  If a mandatory
2-18     intercollegiate athletic fee in an amount within the limit provided
2-19     by this subsection was approved by a majority vote of the students
2-20     participating in a general student election at the institution not
2-21     more than two years before the effective date of this subsection,
2-22     the governing board may impose the fee without calling an
2-23     additional student election.
2-24           SECTION 2.  This Act applies beginning with the 1999 fall
2-25     semester.
2-26           SECTION 3.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended,
 3-5     and that this Act take effect and be in force from and after its
 3-6     passage, and it is so enacted.