SRC-JEC, AMY C.S.S.B. 1367 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1367
78R13668 JSA-DBy: Duncan
Subcommittee on Higher Education
5/6/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the students at Texas Tech Health Science Center do not pay a
fee earmarked for its student center, which was constructed and furnished
with gift funds and opened in 2002.  The students and administration have
proposed implementing a fee to generate revenue to maintain, operate,
improve, and equip the center.  C.S.S.B. 1367 establishes the structure to
implement a fee sufficient to support the student center. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 54, Education Code, by adding
Section 54.5241, as follows: 

Sec. 54.5241.  STUDENT UNION FEES; TEXAS TECH UNIVERSITY SYSTEM.  (a)
Authorizes the board of regents of the Texas Tech University System to
impose a fee in a fixed amount on each student enrolled in a component
institution of the Texas Tech University System for the purpose of
providing revenue for financing, operating, maintaining, improving, and
equipping student union facilities or for acquiring or constructing
additions to those facilities. 

(b) Authorizes the board of regents to change the amount of the fee
imposed at an institution as necessary to provide sufficient funds for the
student union but prohibits the increase of the fee from being more than
10 percent unless the amount of the increase is approved by certain
measures. 

(c)   Authorizes the board of regents to prorate the amount of the fee
imposed at an institution based on the length of the semester or term for
which a student enrolls. 

(d) Requires the fiscal officer of each institution to collect the fees
imposed under this section at the institution and to credit the money
received from the fees to an account known as the student union account.
Authorizes the money in the account to be used only for the purposes
provided by Subsection (a) and requires that it be placed under the
control of and subject to the order of the advisory board of the
institution's student union.  Requires the advisory board to annually
submit a complete and itemized budget accompanied by a full and complete
report of all activities conducted during the year and all expenditures
made in connection with those activities.  Requires the board of regents
to make the changes in the budget as it considers necessary before
approving the budget and to impose the fees in an amount sufficient to
meet the budgetary needs of the student union, subject to Subsection (b). 

(e) Authorizes the board of regents to pledge the fees imposed under this
section to pay  obligations issued for authorized purposes pursuant to the
revenue financing system of the Texas Tech University System. 

(f) Provides that student union fees imposed under this section are in
addition to any other fee the board of regents is authorized by law to
impose and prohibits those fees from being considered in determining the
maximum student services fee that may be imposed under Section 54.503(b). 

SECTION 2.  Repealer: Section 54.524 (Student Fees for University Center;
Texas Tech University), Education Code, effective September 1, 2004. 

SECTION 3.  (a)  Provides that Section 54.5241, Education Code, as added
by this Act, takes effect beginning with the 2004 fall semester. 

(b)  Makes application of this Act prospective to fall semester 2004
except as otherwise provided by this subsection.  Requires revenue in the
university center account at a component institution of the Texas Tech
University System at the beginning of the 2004 fall semester to be
transferred to the credit of the student union account established at the
institution under Section 54.5241, Education Code, as added by this Act. 

(c)  Provides that for purposes of determining the amount of a fee
authorized to be imposed at Texas Tech University under Section 54.5241,
Education Code, as added by this Act, in the 2004-2005 academic year, the
amount of the fee imposed in the 2003-2004 academic year under Section
54.524 at the university is treated as if that fee were imposed under
Section 54.5241. 

(d)  Provides that for purposes of determining the amount of a fee
authorized to be imposed at Texas Tech University Health Sciences Center
under Section 54.5241, Education Code, as added by this Act, in the
2004-2005 academic year, the amount of the fee imposed in the 2004 summer
semester under Section 54.515 at the health sciences center is treated as
if that fee were imposed under Section 54.5241. 

SECTION 4.  Effective date:  September 1, 2003.