By:  Ellis                                            S.B. No. 1716
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to authorizing a recreational and wellness facility fee at
 1-2     the University of Houston.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter E, Chapter 54, Education Code, is
 1-5     amended by adding Section 54.528 to read as follows:
 1-6           Sec. 54.528.  RECREATIONAL FACILITY FEE;  THE UNIVERSITY OF
 1-7     HOUSTON.  (a)  The board of regents of the University of Houston
 1-8     System may charge each student enrolled at the University of
 1-9     Houston a recreational and wellness facility fee to finance,
1-10     construct, operate, maintain, or improve student wellness and
1-11     recreational facilities at the university.  The initial amount of
1-12     the fee may not exceed $75 for each semester of the regular term or
1-13     for each summer session.  The board may prorate the amount of the
1-14     fee for a summer session.
1-15           (b)  The fee may not be imposed unless the fee is approved by
1-16     a majority vote of those students participating in a general
1-17     student election called for that purpose.  The fee may not be
1-18     imposed in a semester or session before the first semester or
1-19     session in which a wellness and recreational facility is available
1-20     for use.
1-21           (c)  The board may increase the amount of the fee, but may
1-22     not increase the amount by more than 10 percent from one academic
1-23     year to the next unless the increase is approved by a majority vote
1-24     of those students voting in a general student election called for
 2-1     that purpose.
 2-2           (d)  The board shall deposit the revenue from the  fee in an
 2-3     account known as the recreational and wellness facility account.
 2-4           (e)  The board may pledge revenue from the fee to pay
 2-5     obligations issued pursuant to the revenue financing system of the
 2-6     University of Houston System.
 2-7           (f)  A fee imposed under this section may not be considered
 2-8     in determining the maximum amount of student services fees that may
 2-9     be charged under Section 54.503.
2-10           (g)  The board may permit a person who is not enrolled at the
2-11     University of Houston to use a facility financed with revenue from
2-12     a fee imposed under this section if:
2-13                 (1)  the person's use of the facility will not
2-14     materially interfere with student demand or use;
2-15                 (2)  the person is charged a fee that is not less than
2-16     the student fee and that is not less than the direct and indirect
2-17     cost to the university of providing for the person's use; and
2-18                 (3)  the person's use will not materially increase the
2-19     potential liability of the university.
2-20           SECTION 2.  This Act applies beginning with the 1999 fall
2-21     semester.
2-22           SECTION 3.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     days in each house be suspended, and this rule is hereby suspended,
 3-1     and that this Act take effect and be in force from and after its
 3-2     passage, and it is so enacted.