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AN ACT
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relating to intercollegiate athletics fees at institutions within |
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the Texas State University System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 54, Education Code, is |
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amended by adding Sections 54.5381 and 54.5382 to read as follows: |
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Sec. 54.5381. INTERCOLLEGIATE ATHLETICS FEE: CERTAIN |
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INSTITUTIONS IN TEXAS STATE UNIVERSITY SYSTEM. (a) The board of |
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regents of the Texas State University System may impose an |
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intercollegiate athletics fee on each student enrolled at a |
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component institution of the Texas State University System, other |
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than Texas State University--San Marcos, in an amount not to |
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exceed: |
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(1) $8.75 per semester credit hour for each regular |
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semester; and |
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(2) $4.50 per semester credit hour for each summer |
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session. |
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(b) The fee may not be imposed unless approved by a majority |
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vote of the students of the applicable component institution who |
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participate in a general student election held for that purpose. |
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(c) A fee imposed under this section may be used to develop |
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and maintain an intercollegiate athletics program at the component |
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institution. |
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(d) The amount of the fee may not be increased to an amount |
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that exceeds by 10 percent or more the total amount of the fee as |
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last approved by a student vote under Subsection (b) or this |
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subsection unless the increase has been approved by a majority vote |
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of the students enrolled at the component institution who |
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participate in a general student election called for that purpose. |
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(e) A fee imposed under this section is in addition to any |
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other fee authorized by law and may not be considered in determining |
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the maximum amount of student services fees that may be imposed |
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under Section 54.503. |
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(f) If the imposition of a mandatory intercollegiate |
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athletics fee as described by this section was approved by a |
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majority vote of the students of the component institution who |
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participated in a general student election held on or after January |
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1, 2005, the board of regents may impose the fee as prescribed by |
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the results of the election without calling an additional election. |
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This subsection expires January 1, 2008. |
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Sec. 54.5382. INTERCOLLEGIATE ATHLETICS FEE: TEXAS STATE |
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UNIVERSITY--SAN MARCOS. (a) The board of regents of the Texas |
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State University System may impose an intercollegiate athletics fee |
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on each student enrolled at Texas State University--San Marcos in |
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an amount not to exceed: |
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(1) $8.75 per semester credit hour for each regular |
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semester; and |
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(2) $4.50 per semester credit hour for each summer |
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session. |
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(b) The fee may not be imposed unless approved by a majority |
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vote of the students of the university who participate in a general |
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student election held at the university for that purpose. |
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(c) A fee imposed under this section may be used to develop |
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and maintain an intercollegiate athletics program at the |
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university. |
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(d) Not more than once in an academic year, the board of |
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regents may increase the amount of the fee authorized by this |
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section by not more than five percent if the increase is approved by |
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the student government of the university. An increase of more than |
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five percent must be approved by a majority vote of the students of |
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the university who participate in a general student election called |
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for that purpose. |
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(e) A fee imposed under this section is in addition to any |
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other fee authorized by law and may not be considered in determining |
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the maximum amount of student services fees that may be imposed |
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under Section 54.503. |
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(f) An intercollegiate athletics fee committee is |
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established at the university to advise the board of regents and the |
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administration of the university regarding the expenditure of |
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revenue generated by the fees imposed under this section. The |
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committee is composed of the following members: |
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(1) three students of the university appointed by the |
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student government of the university; |
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(2) two students of the university who participate in |
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intercollegiate athletics appointed by the student athlete |
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advisory committee; |
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(3) the university's athletic director; and |
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(4) the university's assistant athletic director for |
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business affairs. |
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(g) A student member of the intercollegiate athletics fee |
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committee serves a one-year term. A student member of the committee |
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who withdraws from the university must resign from the committee. A |
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vacancy in an appointive position on the committee shall be filled |
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for the unexpired portion of the term in the same manner as the |
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original appointment. |
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(h) The intercollegiate athletics fee committee shall study |
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the amounts of the fee imposed under this section and make |
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recommendations to the appropriate administrators of the |
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university regarding the expenditure of revenue generated by the |
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fees imposed under this section. |
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(i) Before recommending the intercollegiate athletics fee |
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budget to the board of regents each year, the president of the |
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university shall consider the recommendations of the |
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intercollegiate athletics fee committee. If the president's |
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recommendations to the board are substantially different from the |
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committee's recommendations, the president of the university shall |
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notify the committee not later than the last date on which the |
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committee may request an appearance at the meeting of the board of |
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regents at which the intercollegiate athletics fee budget will be |
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considered. On request of a member of the committee, the president |
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shall provide the member with a written report of the president's |
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recommendations to the board. |
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(j) If the imposition of a mandatory intercollegiate |
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athletics fee as described by this section was approved by a |
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majority vote of the students of the university who participated in |
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a general student election held on or after January 1, 2005, the |
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board of regents may impose the fee as prescribed by the results of |
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the election without calling an additional election. This |
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subsection expires January 1, 2008. |
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SECTION 2. This Act applies beginning with the 2007 fall |
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semester. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 161 passed the Senate on |
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April 18, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 24, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 161 passed the House, with |
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amendment, on May 17, 2007, by the following vote: Yeas 143, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |