SRC-MKV S.B. 628 77(R)BILL ANALYSIS Senate Research CenterS.B. 628 By: Staples Education 5/24/2001 Enrolled DIGEST AND PURPOSE The 75th Legislature authorized the University of Texas at Tyler to add freshman classes beginning in 1998. As part of building a full four-year university, a facility housing the Health and Kinesiology academic unit and a student recreational center is planned for construction, and construction is expected to begin in 2001 and be completed in 2003. Reflecting the fact that one-half of the complex is for student recreational use, students are asked to fund one-half of maintenance and operations expenses. Legislation is needed to enable UT-Tyler to collect a fee from all students beginning in the academic term when building construction is completed. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 54E, Education Code, by adding Section 54.5341, as follows: Sec. 54.5341. STUDENT RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT TYLER. (a) Authorizes the board of regents of The University of Texas System (board) to impose a recreational facility fee on each student enrolled at The University of Texas at Tyler. Prohibits the fee from being imposed unless approved by a majority vote of the students participating in a general student election held at the university for that purpose. (b) Prohibits the fee from exceeding certain specified amounts. (c) Authorizes the board to use revenue from the fee only to finance, construct, equip, operate, maintain, or improve a recreational facility or program at the university and pledge revenue from the fee to pay an obligation issued under the revenue financing system of The University of Texas System. (d) Requires the board to deposit revenue from the fee to the credit of an account known as "The University of Texas at Tyler recreational facility fee account" under the control of the student fee advisory committee (committee) established under Section 54.5031. (e) Requires the committee to annually submit to the board a complete and itemized budget for the recreational facility with a complete report of all recreational facility activities conducted during the past year and all expenditures made in connection with those activities. Authorizes the board to make changes in the budget that the board determines are necessary. Authorizes the board, after approving the budget, to impose the recreational facility fees for that year in amounts sufficient to meet the budgetary needs of the recreational facility. Authorizes the board to contract for the construction of the facility if the budget approved contains an expenditure for the construction of a facility. (f) Prohibits the board from increasing the amount of the recreational facility fee unless the amount of the increase is approved by a majority vote of the students participating in a general student election held at the university for that purpose. (g) Provides that a fee imposed under this section is in addition to any other fee the board is authorized by law to impose. (h) Prohibits a fee imposed under this section from being considered in determining the maximum amount of student services fees that may be imposed under Section 54.503(b). (i) Authorizes the board, if a recreational fee as described by this section was approved by a majority vote of the students of the university participating in a general student election held on or after January 1, 2000, to impose the fee without calling an additional election under Subsection (a). Provides that this subsection expires January 1, 2003. SECTION 2. Provides that this Act applies beginning with the 2001 fall semester. SECTION 3. Effective date: upon passage or September 1, 2001.