H.B. 2457 78(R)    BILL ANALYSIS


H.B. 2457
By: Rangel
Higher Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

During the 2002 fall semester, the Student Government Association at the
Texas A&M UniversityKingsville requested that the university consider the
implementation of an intercollegiate athletics fee to assist in the
operation, development and maintenance of the school's athletic program.
During the 2002 spring semester, the intercollegiate athletic fee was
approved by a majority of the students voting in a general student
election. The election produced a record turnout, with 706 of the 6,359
students voting, a turnout of 11% of the total student body population.
The vote returns showed the 74 percent of those students voting favored
the implementation of the fee.  To demonstrate the diverse support for the
fee, a statistical analysis of those students voting produced the
following: 

  Class AnalysisEthnic Analysis

  Seniors - 20%Hispanic - 58%
  Juniors - 21%Anglo - 25%
  Sophomores - 21%African American - 9%
  Freshmen - 29%

HB 2457 will authorize the board of regents of The Texas A&M University
System to impose an intercollegiate athletics fee on each student enrolled
at Texas A&M University-Kingsville. 

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

HB 2457 amends Subchapter E, Chapter 54, Education Code, by adding Section
54.5392 to authorize the board of regents of The Texas A&M University
System to impose an intercollegiate athletics fee on each student enrolled
at Texas A&M University-Kingsville.  The bill provides that the fee may
not be imposed unless approved by a majority vote of the students
participating in a general student election held at the university for
that purpose, and that the amount of the fee may not exceed $12 per
semester credit hour for each semester or summer session, unless the
amount is increased as provided by Subsection (c).  The bill provides that
the fee may be used to develop and maintain an intercollegiate athletics
program at the university. 

HB 2457 provides that the amount of the fee per semester credit hour may
be increased from one academic year to the next only if approved by a
majority vote of the students participating in a general student election
held for that purpose or, if the amount of the increase does not exceed
five percent, by a majority vote of the legislative body of the student
government of the university. 

HB 2457 provides that a student enrolled in more than 13 semester credit
hours shall pay the fee in an amount equal to the amount imposed on a
student enrolled in 13 semester credit hours during the same semester or
session.  

 HB 2457 provides that a fee imposed under this section is in addition to
any other fee authorized by law and may not be considered in determining
the maximum amount of student services fees that may be imposed under
Section 54.503(b). 

HB 2457 provides that if the imposition the fee as described by this Act
was approved by a majority vote of the students of the university
participating in a general student election held on or after January 1,
2002, the board of regents may impose the fee as prescribed by the results
of the election without calling an additional election.  The bill provides
that subsection (g) expires January 1, 2005. 

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.