By Harris S.B. No. 732
76R7906 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing certain governmental entities located in
1-3 certain municipalities with a development corporation to assess
1-4 fees with the approval of the municipality.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 4B, Development Corporation Act of 1979
1-7 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
1-8 adding Subsection (o) to read as follows:
1-9 (o) This subsection applies only to a city with a population
1-10 of more than 250,000 that is located in a county with a population
1-11 of more than 1.1 million in which there are at least two
1-12 municipalities with a population of more than 250,000. The
1-13 governing board of a general academic teaching institution, as
1-14 defined by Section 61.003, Education Code, that is located in a
1-15 city to which this subsection applies that has created a
1-16 corporation under this Act that is governed by this section may
1-17 impose a mandatory intercollegiate athletics fee on each student at
1-18 the institution with the approval of the governing body of the
1-19 city. The governing body of the city may approve the imposition of
1-20 the fee only if the governing body finds that the operation of any
1-21 facility at the institution to be financed directly or indirectly
1-22 with revenue from the fee will not have a seriously detrimental
1-23 effect on the ability of the corporation to raise revenue to pay
1-24 the premium of or interest on outstanding bonds or other
2-1 obligations issued by the corporation. Once approved, the
2-2 governing board of the institution may impose the fee without
2-3 additional approval, and the governing body of the city may not
2-4 withdraw or revoke its approval. The amount of the fee may not
2-5 exceed $7.75 per semester credit hour for each regular semester,
2-6 unless increased as provided by this subsection. The fee may not
2-7 be imposed unless approved by a majority vote of the students
2-8 participating in a general student election held for that purpose.
2-9 The amount of the fee per semester credit hour may be increased
2-10 from one academic year to the next only if approved by a majority
2-11 vote of the students participating in a general student election
2-12 held for that purpose or, if the amount of the increase does not
2-13 exceed five percent, by the legislative body of the student
2-14 government of the institution. The governing board of the
2-15 institution may prorate the amount of the fee for a summer session.
2-16 The fee imposed under this subsection may not be considered in
2-17 determining the maximum student services fees that may be imposed
2-18 under Section 54.503, Education Code. If a mandatory
2-19 intercollegiate athletic fee in an amount within the limit provided
2-20 by this subsection was approved by a majority vote of the students
2-21 participating in a general student election at the institution not
2-22 more than two years before the effective date of this subsection,
2-23 the governing board may impose the fee without calling an
2-24 additional student election.
2-25 SECTION 2. This Act applies beginning with the 1999 fall
2-26 semester.
2-27 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.