By:  Miller (Senate Sponsor - Fraser)                             H.B. No. 1102
	(In the Senate - Received from the House May 16, 2005; 
May 17, 2005, read first time and referred to Committee on 
Education; May 20, 2005, reported favorably by the following vote:  
Yeas 6, Nays 0; May 20, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to certain student fees at Tarleton State University.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 54.521(e), Education Code, is amended to 
read as follows:
	(e)  The fee authorized by this section may not be increased 
from one academic year to the next unless the increase has been 
approved by a majority vote of the students at the affected 
institution participating in a general election called for that 
purpose, except that at Tarleton State University the fee may be 
increased by not more than 10 percent from one academic year to the 
next without holding an election.  The fee may not exceed the 
maximum amounts provided by Subsection (a).
	SECTION 2.  Section 54.539(c), Education Code, is amended to 
read as follows:
	(c)  The fee authorized by this section may not be increased 
from one academic year to the next unless the increase has been 
approved by a majority vote of the students at the affected 
institution participating in a general election called for that 
purpose, except that at Tarleton State University the fee may be 
increased by not more than 10 percent from one academic year to the 
next without holding an election.  The fee may not exceed the 
maximum amounts provided by Subsection (a).
	SECTION 3.  Subchapter E, Chapter 54, Education Code, is 
amended by adding Section 54.5394 to read as follows:
	Sec. 54.5394.  INTERCOLLEGIATE ATHLETICS FEE: TARLETON 
STATE UNIVERSITY.  (a)  The board of regents of The Texas A&M 
University System may impose an intercollegiate athletics fee on 
each student enrolled at Tarleton State University in an amount not 
to exceed $10 per semester credit hour.
	(b)  The amount of the fee imposed on a student in a semester 
or session may not exceed the amount of the fee imposed on a student 
enrolled in 13 semester credit hours during the same semester or 
session.
	(c)  The fee may not be imposed unless approved by a majority 
vote of the students of the university participating in a general 
student election held for that purpose.
	(d)  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 legislative body of the student government of 
the university.  If the amount of the increase exceeds five percent, 
the increase must also be approved by a majority vote of the 
students of the university participating in a general student 
election held for that purpose.
	(e)  A fee imposed under this section may be used to develop 
and maintain an intercollegiate athletics program at the 
university.
	(f)  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.
	SECTION 4.  This Act applies beginning with the 2005 fall 
semester.          
	SECTION 5.  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, 2005.



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