H.B. 1649 78(R)    BILL ANALYSIS


H.B. 1649
By: Mercer
Higher Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

HB 1649 will authorize the board of regents at the The University of Texas
to impose a Transportation fee, and an Intercollegiate Athletics fee at
the University of Texas-San Antonio, if approved by a student vote.  The
fees are needed before the next legislative session.  If passed, HB1649
would prohibit the fees from being imposed without approval by a majority
vote of those students participating in general student election held for
that purpose. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 54, Education Code by adding
Section 54.5321, as follows: 

(a) Authorizes the board of regents of The University of Texas System to
impose a  transportation fee at The University of Texas-San Antonio for
the sole purpose of financing transportation services, including capital
expenses if approved by a majority vote of the students participating in a
general student election held for that purpose.  The fee is in addition to
any other use fee or service fee authorized by law and may not exceed $50
for each regular semester or $25 for each term of the summer session. 

(b) Provides that the board may not increase the amount of the
transportation fee by more than 10 percent in any academic year without
approval by a majority of the students participating in a general student
election for that purpose. 

(c) Provides that revenue generated by the fee is to be deposited into an
account known as the University of Texas-San Antonio Transportation Fee
Account and shall be expended in accordance with a budget submitted to and
approved by the board.  The board shall make any necessary changes to the
budget and set the fee at an amount sufficient to meet the budget as
approved. 

(d) Provides that the fee may not be considered in determining the maximum
amount of student services fees that may be charged under Section 54.503. 

(e) Requires the university to reserve any excess revenue generated from
the fee to be used for future transportation expenses. 

SECTION 2.  Amends Subchapter E, Chapter 54, Education Code by adding
Section 54.5322, as follows: 

(a) Authorizes the board of regents of The University of Texas System to
impose an intercollegiate athletic fee at The University of Texas-San
Antonio if approved by a majority vote of the students participating in a
general student election held for that purpose.  The fee may not exceed $7
per semester credit hour for each regular semester and may not exceed $84
per semester unless provided by Subsection (b) 

 (b) Provides that the board may not increase the amount of the
intercollegiate fee by more than 10 percent in any academic year without
approval by a majority of the students participating in a general student
election for that purpose. 

(c) Provides that the board may prorate the amount of the fee for a summer
session. 

(d) Provides that the fee may not be considered in determining the maximum
amount of student services fees that may be charged under Section 54.503. 

(e) Provides that the change in law made by this Act applies only to fees
imposed for a semester or term that begins on or after the effective date
of the Act. 

SECTION 3. Provides that the Act takes immediate effect upon passage, or,
if the Act does not receive the  necessary vote, the Act takes effect
September 1, 2003. 

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2003.