79R95 JRJ-F

By:  Oliveira                                                     H.B. No. 1063



A BILL TO BE ENTITLED

AN ACT

relating to a fee to support the wellness, recreational, and 
fitness complex at The University of Texas at Brownsville.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 54, Education Code, is 
amended by adding Section 54.550 to read as follows:
	Sec. 54.550.  WELLNESS, RECREATIONAL, AND FITNESS COMPLEX 
FEE;  THE UNIVERSITY OF TEXAS AT BROWNSVILLE.  (a)  The board of 
regents of The University of Texas System may impose on each student 
enrolled at The University of Texas at Brownsville a wellness, 
recreational, and fitness complex fee initially set at $79 per 
student for each regular semester and $39.50 per student for each 
term of the summer session.
	(b)  The board may:                                                     
		(1)  use revenue from the fee only to finance, 
construct, operate, maintain, renovate, or improve a wellness, 
recreational, and fitness complex owned by Texas Southmost College 
and used by the partnership of The University of Texas at 
Brownsville and Texas Southmost College under Section 78.02;  and
		(2)  pledge revenue from the fee to pay an obligation 
issued for a purpose authorized by Subdivision (1) under the 
revenue financing system of The University of Texas System.
	(c)  The board shall deposit revenue from the fee to the 
credit of an account known as The University of Texas at Brownsville 
wellness, recreational, and fitness complex fee account.  Money in 
the account shall be used in accordance with the terms of the 
partnership agreements entered into between The University of Texas 
at Brownsville and Texas Southmost College under Section 78.02.
	(d)  The board may not increase the amount of the fee by more 
than 10 percent in any academic year unless the amount of the 
increase is approved by:
		(1)  a majority vote of the students participating in a 
general student election held at the institution for that purpose; 
and
		(2)  a majority of the members of the legislative body 
of the student government of the institution.
	(e)  A fee imposed under this section is in addition to any 
other fee the board is authorized by law to impose.
	(f)  Subject to the limitations of this section on the amount 
of the fee and any increase in the amount of the fee, the fee imposed 
under this section must be in the same amount as the wellness, 
recreational, and fitness complex fee charged a student at Texas 
Southmost College by the board of trustees of Southmost Union 
Junior College District. A student attending either or both 
institutions may be charged a wellness, recreational, and fitness 
complex fee by only one of the institutions.
	SECTION 2.  This Act applies beginning with the 2004 fall 
semester.          
	SECTION 3.  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, 2004.