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.
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