80R14470 KSD-F
 
  By: Rose H.B. No. 3449
 
Substitute the following for H.B. No. 3449:
 
  By:  Brown of Brazos C.S.H.B. No. 3449
 
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of an intercollegiate athletics fee at
Texas State University--San Marcos.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter E, Chapter 54, Education Code, is
amended by adding Section 54.5381 to read as follows:
       Sec. 54.5381.  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.
       SECTION 2.  This Act applies beginning with the 2007 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, 2007.