By: Crownover (Senate Sponsor - Estes) H.B. No. 902
         (In the Senate - Received from the House April 16, 2007;
  April 17, 2007, read first time and referred to Subcommittee on
  Higher Education; May 8, 2007, reported adversely, with favorable
  Committee Substitute from Committee on Education by the following
  vote:  Yeas 5, Nays 0; May 8, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 902 By:  Averitt
 
 
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 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 for that purpose.
         (d)  The amount of the fee may not be increased to an amount
  that exceeds by 10 percent or more the total amount of the fee as
  last approved by a student vote under Subsection (c) or this
  subsection 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.
         (e)  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.
         (f)  The fee is not considered in determining the maximum
  amount of student services fees that may be charged under Section
  54.503.
         (g)  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.
 
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