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.