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.