By Brown of Brazos H.B. No. 1023
77R3416 QS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to recreational sports fees charged at institutions in The
1-3 Texas A&M University System.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.539, Education Code, is amended to read
1-6 as follows:
1-7 Sec. 54.539. RECREATIONAL SPORTS FEE; THE TEXAS A&M
1-8 UNIVERSITY SYSTEM. (a) If approved by student vote at an
1-9 institution, the Board of Regents of The Texas A&M University
1-10 System may charge students at such institutions within The Texas
1-11 A&M University System a recreational sports fee not to exceed $100
1-12 [$50] a semester or 12-week summer session or $50 [$25] a six-week
1-13 summer session. The fee may be used only for financing,
1-14 constructing, operating, maintaining, and improving new and
1-15 existing recreational sports facilities and programs at the
1-16 designated university.
1-17 (b) The recreational sports [recreation] fee may not be
1-18 levied unless the levy of the fee has been approved by a majority
1-19 vote of those students at the affected institution participating in
1-20 a general student election called for that purpose.
1-21 (c) The fee authorized by this section may not be increased
1-22 by more than 10 percent from one academic year to the next unless
1-23 the increase has been approved by a majority vote of the students
1-24 at the affected institution participating in a general election
2-1 called for that purpose. The fee may not exceed the maximum
2-2 amounts provided by Subsection (a).
2-3 (d) A fee may not be imposed under this section until the
2-4 semester in which a campus recreational sports facility will be
2-5 available for use.
2-6 (e) [(d)] Each university shall collect any student
2-7 recreational sports fee imposed under this section and shall
2-8 deposit the money collected in an account to be known as the
2-9 student recreational sports account. A recreational sports fee may
2-10 not be collected after the 20th anniversary of the date it is first
2-11 collected or after all bonded indebtedness for any campus
2-12 recreational sports facility for which the fee receipts are pledged
2-13 is paid, whichever is later.
2-14 (f) [(e)] A student recreational sports fee imposed under
2-15 this section is not counted in determining the maximum student
2-16 services fee which may be charged under Section 54.513 of this
2-17 subchapter.
2-18 (g) [(f)] The board may permit a person who is not enrolled
2-19 at a system institution to use a facility paid for by student
2-20 recreational sports fees if:
2-21 (1) the person's usage does not materially interfere
2-22 with student demand or usage;
2-23 (2) the person is charged a fee that is not less than
2-24 the student fee and is not less than the direct and indirect cost
2-25 to the institution of providing for the person's usage; and
2-26 (3) the person's usage does not increase materially
2-27 the potential liability of the institution.
3-1 (h) [(g)] The president of each institution in the system
3-2 shall establish a formal system for student input with respect to
3-3 matters of construction and operation of a facility or program
3-4 financed by a student recreational sports fee.
3-5 SECTION 2. The change in law made by this Act applies only to
3-6 fees imposed for a semester or term that begins on or after the
3-7 effective date of this Act.
3-8 SECTION 3. This Act takes effect immediately if it receives
3-9 a vote of two-thirds of all the members elected to each house, as
3-10 provided by Section 39, Article III, Texas Constitution. If this
3-11 Act does not receive the vote necessary for immediate effect, this
3-12 Act takes effect September 1, 2001.