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A BILL TO BE ENTITLED
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AN ACT
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relating to an environmental service fee at public institutions of |
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higher education. |
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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 Section 54.5041 to read as follows: |
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Sec. 54.5041. ENVIRONMENTAL SERVICE FEE. (a) The |
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governing board of an institution of higher education may charge |
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each student enrolled at the institution an environmental service |
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fee, if the fee has been approved by a majority vote of the students |
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enrolled at the institution who participate in a general student |
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election called for that purpose. |
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(b) Unless increased in accordance with Subsection (d), the |
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amount of the fee may not exceed: |
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(1) $5 for each regular semester or summer term of more |
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than six weeks; or |
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(2) $2.50 for each summer session of six weeks or less. |
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(c) The fee may be used only to: |
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(1) provide environmental improvements at the |
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institution through services related to recycling, energy |
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efficiency and renewable energy, transportation, employment, |
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product purchasing, planning and maintenance, or irrigation; or |
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(2) provide matching funds for grants to obtain |
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environmental improvements described by Subdivision (1). |
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(d) The amount of the fee may not be increased unless the |
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increase has been approved by a majority vote of the students |
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enrolled at the institution who participate in a general student |
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election called for that purpose. The fee may not be increased |
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under this subsection if the increase would result in a fee under |
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this section in an amount that exceeds: |
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(1) $10 for each regular semester or summer term of |
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more than six weeks; or |
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(2) $5 for each summer session of six weeks or less. |
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(e) An institution that imposes the environmental service |
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fee may not use the revenue generated by the fee to reduce or |
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replace other money allocated by the institution for environmental |
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projects. |
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(f) Any fee revenue that exceeds the amount necessary to |
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cover current operating expenses for environmental services and any |
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interest generated from that revenue may be used only for purposes |
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provided under Subsection (c). |
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(g) The fee is not considered in determining the maximum |
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amount of student services fees that an institution of higher |
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education may charge. |
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(h) The fee may not be charged after the fifth academic year |
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in which the fee is first charged unless, before the end of that |
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academic year, the institution has issued bonds payable from the |
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fee, in which event the fee may not be charged after the academic |
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year in which all such bonds, including refunding bonds for those |
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bonds, have been fully paid. |
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SECTION 2. The change in law made by this Act applies only |
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to fees imposed for a semester or term that begins on or after the |
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effective date of this Act. |
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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, 2009. |
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