1-1 By: Harris S.B. No. 732 1-2 (In the Senate - Filed February 26, 1999; March 1, 1999, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; March 4, 1999, reported favorably by the following vote: 1-5 Yeas 5, Nays 0; March 4, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to authorizing certain governmental entities located in 1-9 certain municipalities with a development corporation to assess 1-10 fees with the approval of the municipality. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 4B, Development Corporation Act of 1979 1-13 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by 1-14 adding Subsection (o) to read as follows: 1-15 (o) This subsection applies only to a city with a population 1-16 of more than 250,000 that is located in a county with a population 1-17 of more than 1.1 million in which there are at least two 1-18 municipalities with a population of more than 250,000. The 1-19 governing board of a general academic teaching institution, as 1-20 defined by Section 61.003, Education Code, that is located in a 1-21 city to which this subsection applies that has created a 1-22 corporation under this Act that is governed by this section may 1-23 impose a mandatory intercollegiate athletics fee on each student at 1-24 the institution with the approval of the governing body of the 1-25 city. The governing body of the city may approve the imposition of 1-26 the fee only if the governing body finds that the operation of any 1-27 facility at the institution to be financed directly or indirectly 1-28 with revenue from the fee will not have a seriously detrimental 1-29 effect on the ability of the corporation to raise revenue to pay 1-30 the premium of or interest on outstanding bonds or other 1-31 obligations issued by the corporation. Once approved, the 1-32 governing board of the institution may impose the fee without 1-33 additional approval, and the governing body of the city may not 1-34 withdraw or revoke its approval. The amount of the fee may not 1-35 exceed $7.75 per semester credit hour for each regular semester, 1-36 unless increased as provided by this subsection. The fee may not 1-37 be imposed unless approved by a majority vote of the students 1-38 participating in a general student election held for that purpose. 1-39 The amount of the fee per semester credit hour may be increased 1-40 from one academic year to the next only if approved by a majority 1-41 vote of the students participating in a general student election 1-42 held for that purpose or, if the amount of the increase does not 1-43 exceed five percent, by the legislative body of the student 1-44 government of the institution. The governing board of the 1-45 institution may prorate the amount of the fee for a summer session. 1-46 The fee imposed under this subsection may not be considered in 1-47 determining the maximum student services fees that may be imposed 1-48 under Section 54.503, Education Code. If a mandatory 1-49 intercollegiate athletic fee in an amount within the limit provided 1-50 by this subsection was approved by a majority vote of the students 1-51 participating in a general student election at the institution not 1-52 more than two years before the effective date of this subsection, 1-53 the governing board may impose the fee without calling an 1-54 additional student election. 1-55 SECTION 2. This Act applies beginning with the 1999 fall 1-56 semester. 1-57 SECTION 3. The importance of this legislation and the 1-58 crowded condition of the calendars in both houses create an 1-59 emergency and an imperative public necessity that the 1-60 constitutional rule requiring bills to be read on three several 1-61 days in each house be suspended, and this rule is hereby suspended, 1-62 and that this Act take effect and be in force from and after its 1-63 passage, and it is so enacted. 1-64 * * * * *