80R3666 KEL-D
 
  By: Crownover H.B. No. 902
 
A BILL TO BE ENTITLED
AN ACT
relating to a student fitness and recreational fee at Texas Woman's
University.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter E, Chapter 54, Education Code, is
amended by adding Section 54.5251 to read as follows:
       Sec. 54.5251.  STUDENT FITNESS AND RECREATIONAL FEE; TEXAS
WOMAN'S UNIVERSITY. (a) The board of regents of Texas Woman's
University may charge each student enrolled at the university a
student fitness and recreational fee in an amount not to exceed:
             (1)  $125 for each regular semester or each summer
session of more than six weeks; or
             (2)  $62.50 for each summer session of six weeks or
less.
       (b)  The fee may be used only for financing, constructing,
operating, maintaining, or improving a fitness or recreational
facility or for operating a fitness or recreational program at the
university.
       (c)  The amount of the fee may not be increased by more than
10 percent from one academic year to the next unless the increase
has been approved by a majority vote of the students enrolled at the
university who participate in a general student election called for
that purpose.
       (d)  The chief fiscal officer of the university shall collect
the fee and shall deposit the revenue from the fee in an account to
be known as the student fitness and recreational account.
       (e)  The fee is not considered in determining the maximum
amount of student services fees that may be charged under Section
54.503.
       (f)  The board may permit a person who is not enrolled at the
university to use a facility financed with revenue from the fee
imposed under this section only if:
             (1)  the person's use will not materially interfere
with use of the facility by students of the university;
             (2)  the person is charged a fee in an amount that is
not less than the amount of the student fee or the total amount of
the direct and indirect costs to the university of providing for the
person's use, except that a charge under this subdivision may not be
imposed on a person who uses the facility under an existing lifetime
contract with the university for the use of fitness and
recreational facilities; and
             (3)  the person's use will not materially increase the
potential liability of the university.
       SECTION 2.  The change in law made by this Act applies only
to fees imposed for a semester or term that begins on or after the
effective date of this Act.
       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, 2007.