By Staples                                             S.B. No. 628
         77R4673 KSD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to imposing a recreational facility fee at The University
 1-3     of Texas at Tyler.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter E, Chapter 54, Education Code, is
 1-6     amended by adding Section 54.5341 to read as follows:
 1-7           Sec. 54.5341.  STUDENT RECREATIONAL FACILITY FEE; THE
 1-8     UNIVERSITY OF TEXAS AT TYLER. (a)  The board of regents of The
 1-9     University of Texas System may impose a recreational facility fee
1-10     on each student enrolled at The University of Texas at Tyler.  The
1-11     fee may not be imposed unless approved by a majority vote of the
1-12     students participating in a general student election held at the
1-13     university for that purpose.
1-14           (b)  The amount of the fee may not exceed:
1-15                 (1)  $40 per student for each regular semester;
1-16                 (2)  $30 per student for each summer session of 12
1-17     weeks or longer;
1-18                 (3)  $15 per student for each summer session of six
1-19     weeks or more but less than 12 weeks; and
1-20                 (4)  $10 per student for each summer session that is
1-21     shorter than six weeks.
1-22           (c)  The board may:
1-23                 (1)  use revenue from the fee only to finance,
1-24     construct, equip, operate, maintain, or improve a recreational
 2-1     facility or program at the university; and
 2-2                 (2)  pledge revenue from the fee to pay an obligation
 2-3     issued under the revenue financing system of The University of
 2-4     Texas System.
 2-5           (d)  The board shall deposit revenue from the fee to the
 2-6     credit of an account known as "The University of Texas at Tyler
 2-7     recreational facility fee account" under the control of the student
 2-8     fee advisory committee established under Section 54.5031.
 2-9           (e)  The student fee advisory committee annually shall submit
2-10     to the board a complete and itemized budget for the recreational
2-11     facility with a complete report of all recreational facility
2-12     activities conducted during the past year and all expenditures made
2-13     in connection with those activities.  The board may make changes in
2-14     the budget that the board determines are necessary.  After
2-15     approving the budget, the board, in accordance with this section,
2-16     may impose the recreational facility fees for that year in amounts
2-17     sufficient to meet the budgetary needs of the recreational
2-18     facility.  If the budget approved by the board contains an
2-19     expenditure for the construction of a facility, the board may
2-20     contract for the construction of the facility.
2-21           (f)  The board may not increase the amount of the
2-22     recreational facility fee unless the amount of the increase is
2-23     approved by a majority vote of the students participating in a
2-24     general student election held at the university for that purpose.
2-25           (g)  A fee imposed under this section is in addition to any
2-26     other fee the board is authorized by law to impose.
2-27           (h)  A fee imposed under this section may not be considered
 3-1     in determining the maximum amount of student services fees that may
 3-2     be imposed under Section 54.503(b).
 3-3           (i)  If a recreational facility fee as described by this
 3-4     section was approved by a majority vote of the students of the
 3-5     university participating in a general student election held on or
 3-6     after January 1, 2000, the board of regents may impose the fee
 3-7     without calling an additional election under Subsection (a).  This
 3-8     subsection expires January 1, 2003.
 3-9           SECTION 2. This Act applies beginning with the 2001 fall
3-10     semester.
3-11           SECTION 3.  This Act takes effect immediately if it receives
3-12     a vote of two-thirds of all the members elected to each house, as
3-13     provided by Section 39, Article III, Texas Constitution.  If this
3-14     Act does not receive the vote necessary for immediate effect, this
3-15     Act takes effect September 1, 2001.