Amend SB 161 (House Committee Printing) in SECTION 1 of the 
bill as follows:
	(1)  In the recital to SECTION 1 of the bill (page 1, line 6), 
strike "adding Section 54.5381" and substitute "adding Sections 
54.5381 and 54.5382".
	(2)  In the heading to added Section 54.5381, Education Code 
(page 1, line 7), immediately preceding "TEXAS STATE", insert 
"CERTAIN INSTITUTIONS IN".
	(3)  In added Subsection (a), Section 54.5381, Education 
Code (page 1, line 11), between "System" and "in", insert ", other 
than Texas State University--San Marcos,".
	(4)  Immediately following added Section 54.5381, Education 
Code (page 2, between lines 14 and 15), insert the following:
	Sec. 54.5382.  INTERCOLLEGIATE ATHLETICS FEE: TEXAS STATE 
UNIVERSITY--SAN MARCOS.  (a)  The board of regents of the Texas 
State University System may impose an intercollegiate athletics fee 
on each student enrolled at Texas State University--San Marcos in 
an amount not to exceed:
		(1)  $8.75 per semester credit hour for each regular 
semester; and   
		(2)  $4.50 per semester credit hour for each summer 
session.         
	(b)  The fee may not be imposed unless approved by a majority 
vote of the students of the university who participate in a general 
student election held at the university for that purpose.
	(c)  A fee imposed under this section may be used to develop 
and maintain an intercollegiate athletics program at the 
university.
	(d)  Not more than once in an academic year, the board may 
increase the amount of the fee authorized by this section by not 
more than five percent if the increase is approved by the student 
government of the university.  An increase of more than five percent 
must be approved by a majority vote of the students of the 
university who participate in a general student election called for 
that purpose.
	(e)  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.
	(f)  An intercollegiate athletics fee committee is 
established at the university to advise the board and the 
administration of the university regarding the expenditure of 
revenue generated by the fees imposed under this section.  The 
committee is composed of the following members:
		(1)  three students of the university appointed by the 
student government of the university;
		(2)  two students of the university who participate in 
intercollegiate athletics appointed by the student athlete 
advisory committee;
		(3)  the university's athletic director; and                           
		(4)  the university's assistant athletic director for 
business affairs.
	(g)  A student member of the intercollegiate athletics fee 
committee serves a one-year term.  A student member of the committee 
who withdraws from the university must resign from the committee.  A 
vacancy in an appointive position on the committee shall be filled 
for the unexpired portion of the term in the same manner as the 
original appointment.
	(h)  The intercollegiate athletics fee committee shall study 
the amounts of the fee imposed under this section and make 
recommendations to the appropriate administrators of the 
university regarding the expenditure of revenue generated by the 
fees imposed under this section.
	(i)  Before recommending the intercollegiate athletics fee 
budget to the board of regents each year, the president of the 
university shall consider the recommendations of the 
intercollegiate athletics fee committee.  If the president's 
recommendations to the board are substantially different from the 
committee's recommendations, the president of the university shall 
notify the committee not later than the last date on which the 
committee may request an appearance at the meeting of the board of 
regents at which the intercollegiate athletics fee budget will be 
considered.  On request of a member of the committee, the president 
shall provide the member with a written report of the president's 
recommendations to the board.
	(j)  If the imposition of a mandatory intercollegiate 
athletics fee as described by this section was approved by a 
majority vote of the students of the university who participated in 
a general student election held on or after January 1, 2005, the 
board may impose the fee as prescribed by the results of the 
election without calling an additional election.  This subsection 
expires January 1, 2008.