|  | 
|  | 
|  | 
|  | AN ACT | 
|  | relating to student fees at component institutions of The Texas A&M | 
|  | University System. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Subsection (a), Section 54.5031, Education Code, | 
|  | is amended to read as follows: | 
|  | (a)  A student fee advisory committee is established at each | 
|  | institution of higher education except The University of Texas at | 
|  | Austin and the institutions of The Texas A&M University System to | 
|  | advise the governing board and administration of the institution on | 
|  | the type, amount, and expenditure of compulsory fees for student | 
|  | services under Section 54.503 of this code. | 
|  | SECTION 2.  Subchapter E, Chapter 54, Education Code, is | 
|  | amended by adding Section 54.5032 to read as follows: | 
|  | Sec. 54.5032.  STUDENT FEE ADVISORY COMMITTEE; THE TEXAS A&M | 
|  | UNIVERSITY SYSTEM.  (a)  A student fee advisory committee is | 
|  | established at each component institution of The Texas A&M | 
|  | University System to advise the board of regents and the | 
|  | administration of the institution on the type, amount, and | 
|  | expenditure of compulsory fees for student services under Section | 
|  | 54.503, for student health and medical services under Section | 
|  | 54.507, for student center facilities under Section 54.521, and for | 
|  | recreational sports under Section 54.539. | 
|  | (b)  Each committee is composed of the following nine | 
|  | members: | 
|  | (1)  five student members who are enrolled for not less | 
|  | than six semester credit hours at the institution and who are | 
|  | representative of all students enrolled at the institution, | 
|  | selected under Subsection (c); and | 
|  | (2)  four members who are representative of the entire | 
|  | institution, appointed by the president of the institution. | 
|  | (c)  If the institution has a student government, the student | 
|  | government shall appoint three students to serve two-year terms on | 
|  | the committee and two students to serve one-year terms on the | 
|  | committee.  If the institution does not have a student government, | 
|  | the students enrolled at the institution shall elect three students | 
|  | to serve two-year terms on the committee and two students to serve | 
|  | one-year terms on the committee.  A candidate for a position on the | 
|  | committee must designate whether the position is for a one-year or | 
|  | two-year term. | 
|  | (c-1)  This subsection expires September 1, 2009. | 
|  | Notwithstanding Subsection (c): | 
|  | (1)  a person serving on the student fee advisory | 
|  | committee under Section 54.5031 at an institution to which this | 
|  | section applies on the date this section takes effect is considered | 
|  | to be a member of the student fee advisory committee established at | 
|  | the institution under this section for the same term that the person | 
|  | is serving when this section takes effect; and | 
|  | (2)  a person appointed, elected, or otherwise selected | 
|  | to serve on the student fee advisory committee under Section | 
|  | 54.5031 at an institution to which this section applies before the | 
|  | date this section takes effect for a term that was to begin on or | 
|  | after the date this section takes effect is considered to have been | 
|  | appointed, elected, or otherwise selected to serve on the student | 
|  | fee advisory committee established at the institution under this | 
|  | section for the same term. | 
|  | (d)  A student member of the committee who withdraws from the | 
|  | institution must resign from the committee. | 
|  | (e)  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.  A vacancy in an elective | 
|  | position on the committee shall be filled for the unexpired portion | 
|  | of the term by appointment by the president of the institution. | 
|  | (f)  The committee shall: | 
|  | (1)  study the type, amount, and expenditure of the | 
|  | compulsory fees imposed under Sections 54.503, 54.507, 54.521, and | 
|  | 54.539; and | 
|  | (2)  meet with appropriate administrators of the | 
|  | institution, submit a written report on the study under Subdivision | 
|  | (1), and recommend the type, amount, and expenditure of the | 
|  | compulsory fees to be charged for the next academic year. | 
|  | (g)  Before recommending the student fee budget to the board | 
|  | of regents each year, the president of the institution shall | 
|  | consider the report and recommendations of the committee.  If the | 
|  | president's recommendations to the board of regents are | 
|  | substantially different from the committee's recommendations to | 
|  | the president, the president of the institution 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 student fee budget will be considered.  On request of a | 
|  | member of the committee, the president of the institution shall | 
|  | provide the member with a written report of the president's | 
|  | recommendations to the board of regents. | 
|  | SECTION 3.  Subsections (a), (c), (d), and (e), Section | 
|  | 54.539, Education Code, are amended to read as follows: | 
|  | (a)  If approved by student vote at an institution, the Board | 
|  | of Regents of The Texas A&M University System may charge students at | 
|  | a component institution of [ such institutions within] The Texas A&M | 
|  | University System a recreational sports fee not to exceed $175 for | 
|  | each regular [ $100 a] semester and not to exceed $87.50 for each | 
|  | term of each [ or 12-week] summer session [or $50 a six-week summer  | 
|  | session].  The fee may be used only for financing, constructing, | 
|  | operating, maintaining, and improving new and existing | 
|  | recreational sports facilities and programs at the designated | 
|  | institution [ university]. | 
|  | (c)  The amount of the fee authorized by this section may not | 
|  | be increased to an amount that exceeds by 10 percent or more the | 
|  | total amount of the fee that is in effect on September 1, 2007, or as | 
|  | last approved by a student vote under this subsection [ from one  | 
|  | academic year to the next] unless the increase has been approved by | 
|  | a majority vote of the students at the affected institution | 
|  | participating in a general election called for that purpose[ ,  | 
|  | except that at Tarleton State University the fee may be increased by  | 
|  | not more than 10 percent from one academic year to the next without  | 
|  | holding an election].  The fee may not exceed the maximum amounts | 
|  | provided by Subsection (a). | 
|  | (d)  If, in an academic year, the total compulsory fee | 
|  | charged under this section is proposed to be increased by an amount | 
|  | less than an amount that would require a student election under | 
|  | Subsection (c), the board of regents of The Texas A&M University | 
|  | System may, in lieu of an election, hold a public meeting on the | 
|  | increase at which students have the opportunity to comment before | 
|  | the increase takes effect [ A fee may not be imposed under this  | 
|  | section until the semester in which a campus recreational sports  | 
|  | facility will be available for use]. | 
|  | (e)  Each university shall collect any student recreational | 
|  | sports fee imposed under this section and shall deposit the money | 
|  | collected in an account to be known as the student recreational | 
|  | sports account.  [ A recreational sports fee may not be collected  | 
|  | after the 20th anniversary of the date it is first collected or  | 
|  | after all bonded indebtedness for any campus recreational sports  | 
|  | facility for which the fee receipts are pledged is paid, whichever  | 
|  | is later.] | 
|  | SECTION 4.  Subchapter E, Chapter 54, Education Code, is | 
|  | amended by adding Sections 54.5395, 54.5396, and 54.5397 to read as | 
|  | follows: | 
|  | Sec. 54.5395.  INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M | 
|  | INTERNATIONAL UNIVERSITY.  (a)  The board of regents of The Texas | 
|  | A&M University System may impose an intercollegiate athletics fee | 
|  | on each student enrolled at Texas A&M International University. | 
|  | The fee may not be imposed unless approved by a majority vote of the | 
|  | students participating in a general student election held at the | 
|  | university for that purpose. | 
|  | (b)  The amount of the fee may not exceed $5 per semester | 
|  | credit hour for each regular semester or summer session, unless the | 
|  | amount is increased as provided by Subsection (c). | 
|  | (c)  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 (a) 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 held for that purpose. | 
|  | (d)  A student enrolled in more than 15 semester credit hours | 
|  | shall pay the fee in an amount equal to the amount imposed on a | 
|  | student enrolled in 15 semester credit hours during the same | 
|  | semester or session. | 
|  | (e)  A fee imposed under this section may be used to develop | 
|  | and maintain an intercollegiate athletics program at the | 
|  | university. | 
|  | (f)  A fee imposed under this section is in addition to any | 
|  | other fee authorized by law and may not be considered in determining | 
|  | the amount of student services fees that may be imposed under | 
|  | Section 54.503. | 
|  | Sec. 54.5396.  INTERCOLLEGIATE ATHLETICS FEES; WEST TEXAS | 
|  | A&M UNIVERSITY.  (a)  The board of regents of The Texas A&M | 
|  | University System may impose an intercollegiate athletics fee on | 
|  | each student enrolled at West Texas A&M University.  The fee may not | 
|  | be imposed unless approved by a majority vote of the students | 
|  | participating in a general student election held at the university | 
|  | for that purpose. | 
|  | (b)  The amount of the fee may not exceed $10 per semester | 
|  | credit hour for each regular semester or summer session, unless the | 
|  | amount is increased as provided by Subsection (c). | 
|  | (c)  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 (a) 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 held for that purpose. | 
|  | (d)  A student enrolled in more than 13 semester credit hours | 
|  | shall pay the fee in an amount equal to the amount imposed on a | 
|  | student enrolled in 13 semester credit hours during the same | 
|  | semester or session. | 
|  | (e)  A fee imposed under this section may be used to develop | 
|  | and maintain an intercollegiate athletics program at the | 
|  | university. | 
|  | (f)  A fee imposed under this section is in addition to any | 
|  | other fee authorized by law and may not be considered in determining | 
|  | the amount of student services fees that may be imposed under | 
|  | Section 54.503. | 
|  | Sec. 54.5397.  INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M | 
|  | UNIVERSITY--COMMERCE.  (a)  The board of regents of The Texas A&M | 
|  | University System may impose an intercollegiate athletics fee on | 
|  | each student enrolled at Texas A&M University--Commerce.  The fee | 
|  | may not be imposed unless approved by a majority vote of the | 
|  | students participating in a general student election held at the | 
|  | university for that purpose. | 
|  | (b)  The amount of the fee may not exceed $10 per semester | 
|  | credit hour for each regular semester or summer session, unless the | 
|  | amount is increased as provided by Subsection (c). | 
|  | (c)  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 (a) 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 held for that purpose. | 
|  | (d)  A student enrolled in more than 13 semester credit hours | 
|  | shall pay the fee in an amount equal to the amount imposed on a | 
|  | student enrolled in 13 semester credit hours during the same | 
|  | semester or session. | 
|  | (e)  A fee imposed under this section may be used to develop | 
|  | and maintain an intercollegiate athletics program at the | 
|  | university. | 
|  | (f)  A fee imposed under this section is in addition to any | 
|  | other fee authorized by law and may not be considered in determining | 
|  | the amount of student services fees that may be imposed under | 
|  | Section 54.503. | 
|  | SECTION 5.  The change in law made by this Act applies | 
|  | beginning with a fee imposed for the 2007 fall semester.  A fee | 
|  | imposed for an academic period before the 2007 fall semester is | 
|  | covered by the law in effect immediately before the effective date | 
|  | of this Act, and the former law is continued in effect for that | 
|  | purpose. | 
|  | SECTION 6.  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. | 
|  |  | 
|  |  | 
|  | 
|  | 
|  | 
|  | ______________________________ | ______________________________ | 
|  | President of the Senate | Speaker of the House | 
|  | 
|  | I hereby certify that S.B. No. 1495 passed the Senate on | 
|  | May 1, 2007, by the following vote:  Yeas 31, Nays 0. | 
|  |  | 
|  | 
|  | ______________________________ | 
|  | Secretary of the Senate | 
|  | 
|  | I hereby certify that S.B. No. 1495 passed the House on | 
|  | May 23, 2007, by the following vote:  Yeas 144, Nays 0, two | 
|  | present not voting. | 
|  |  | 
|  | 
|  | ______________________________ | 
|  | Chief Clerk of the House | 
|  | 
|  |  | 
|  | 
|  | Approved: | 
|  |  | 
|  | ______________________________ | 
|  | Date | 
|  |  | 
|  |  | 
|  | ______________________________ | 
|  | Governor |