S.B. 1230 78(R)    BILL ANALYSIS


S.B. 1230
By: Wentworth
Higher Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

S.B. 1230 allows the Texas State University System to charge each students
at Southwest Texas State University a $1 environmental service fee if a
majority of the student body approve this measure in an election and sets
forth provisions regarding the authority to increase that fee.  

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 54.5111, as follows:  

Sec. 54.5111.  ENVIRONMENTAL SERVICE FEE; SOUTHWEST TEXAS STATE
UNIVERSITY.  (a)  Authorizes the board of regents of the Texas State
University System to charge each student enrolled at Southwest Texas State
University an environmental service fee in an initial amount not to exceed
$1 per semester of the regular term or term of the summer session.
Prohibits the fee from being imposed unless approved by a majority vote of
the students at the university voting in an election held for that purpose
at the same time and using the same ballot as a student government 
election. 

(b)  Authorizes the board of regents, not more than once in an academic
year, to increase the amount of the fee authorized by this section to
cover increased operating costs of environmental services funded from
revenue from the fee. Prohibits the board from increasing the amount of
the fee unless the increase is approved by a majority vote of the students
at the university voting in an election held for that purpose in which at
least 1,000 student at the university cast ballots and that is held at the
same time and using the same ballot as a student government election.
Prohibits the total amount of the increased fee from exceeding certain
amounts.  
  
(c)  Authorizes a  fee imposed under this section to be used only to
provide environmental improvements at the university through services
suchas recycling, transportation, employment, product purchasing, matching
funds for grants, planning and maintenance, and irrigation.  

(d)  Prohibits the university from using revenue from the fee imposed
under this section to reduce or replace other money allocated by the
university for environmental projects.  
 
(e)  Requires the university to retain any fee revenue that exceeds the
amount necessary to cover current operating expenses for environmental
services and any interest generated from that revenue. Authorizes the
university to use the excess revenue and interest generated from that
revenue only for the purposes provided by Subsection (c).  

 SECTION 2.  Provides that this Act applies beginning with the 2003 fall
semester.  

SECTION 3.  Effective date:  upon passage or 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.