1-1 By: Brown of Brazos (Senate Sponsor - Ogden) H.B. No. 1023
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Education; May 9, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 May 9, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1023 By: Sibley
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to recreational sports fees charged at institutions in The
1-11 Texas A&M University System.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 54.539, Education Code, is amended to
1-14 read as follows:
1-15 Sec. 54.539. RECREATIONAL SPORTS FEE; THE TEXAS A&M
1-16 UNIVERSITY SYSTEM. (a) If approved by student vote at an
1-17 institution, the Board of Regents of The Texas A&M University
1-18 System may charge students at such institutions within The Texas
1-19 A&M University System a recreational sports fee not to exceed $100
1-20 [$50] a semester or 12-week summer session or $50 [$25] a six-week
1-21 summer session. The fee may be used only for financing,
1-22 constructing, operating, maintaining, and improving new and
1-23 existing recreational sports facilities and programs at the
1-24 designated university.
1-25 (b) The recreational sports [recreation] fee may not be
1-26 levied unless the levy of the fee has been approved by a majority
1-27 vote of those students at the affected institution participating in
1-28 a general student election called for that purpose.
1-29 (c) The fee authorized by this section may not be increased
1-30 from one academic year to the next unless the increase has been
1-31 approved by a majority vote of the students at the affected
1-32 institution participating in a general election called for that
1-33 purpose. The fee may not exceed the maximum amounts provided by
1-34 Subsection (a).
1-35 (d) A fee may not be imposed under this section until the
1-36 semester in which a campus recreational sports facility will be
1-37 available for use.
1-38 (e) [(d)] Each university shall collect any student
1-39 recreational sports fee imposed under this section and shall
1-40 deposit the money collected in an account to be known as the
1-41 student recreational sports account. A recreational sports fee may
1-42 not be collected after the 20th anniversary of the date it is first
1-43 collected or after all bonded indebtedness for any campus
1-44 recreational sports facility for which the fee receipts are pledged
1-45 is paid, whichever is later.
1-46 (f) [(e)] A student recreational sports fee imposed under
1-47 this section is not counted in determining the maximum student
1-48 services fee which may be charged under Section 54.513 of this
1-49 subchapter.
1-50 (g) [(f)] The board may permit a person who is not enrolled
1-51 at a system institution to use a facility paid for by student
1-52 recreational sports fees if:
1-53 (1) the person's usage does not materially interfere
1-54 with student demand or usage;
1-55 (2) the person is charged a fee that is not less than
1-56 the student fee and is not less than the direct and indirect cost
1-57 to the institution of providing for the person's usage; and
1-58 (3) the person's usage does not increase materially
1-59 the potential liability of the institution.
1-60 (h) [(g)] The president of each institution in the system
1-61 shall establish a formal system for student input with respect to
1-62 matters of construction and operation of a facility or program
1-63 financed by a student recreational sports fee.
1-64 SECTION 2. The change in law made by this Act applies only
2-1 to fees imposed for a semester or term that begins on or after the
2-2 effective date of this Act.
2-3 SECTION 3. This Act takes effect immediately if it receives
2-4 a vote of two-thirds of all the members elected to each house, as
2-5 provided by Section 39, Article III, Texas Constitution. If this
2-6 Act does not receive the vote necessary for immediate effect, this
2-7 Act takes effect September 1, 2001.
2-8 * * * * *