BILL ANALYSIS

S.B. 1145

By: Hegar

Higher Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that, given Prairie View A&M University's membership in the National Collegiate Athletic Association's Division I Southwest Athletic Conference, it must comply with certain standards and meet stringent financial requirements. The intercollegiate athletics fee at the university, which funds in large part the university's athletic programs and grants students free admittance to certain athletic events, is currently capped at $10 per student credit hour.

The parties note that university students recently wrote and passed a student referendum increasing the fee, implementing a structure for student review and approval of any future fee increases, and removing certain sunset and debt obligation provisions. S.B. 1145 seeks to codify that referendum to preserve the number of sports programs and student athlete scholarships at the university and its Division I standing.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

SECTION 1.  Amends Sections 54.5393(a), (b), and (f), Education Code, as follows:

(a) Authorizes the board of regents of The Texas A&M University System (board of regents) to impose an intercollegiate athletics fee on each student enrolled at Prairie View A&M University (Prairie View) in an amount not to exceed $12.60 per semester credit hour, unless the amount is increased as provided by Subsection (b), rather than authorizes the board of regents to impose an intercollegiate athletics fee on each student enrolled at Prairie View in an amount not to exceed $10 per semester credit hour.

(b) Authorizes the amount of the fee per semester credit hour to be increased from one academic year to the next  if:

(1)  the increase is approved by a majority vote of the students participating in a general student election held at the university for that purpose; or

(2)  the amount of the increase does not exceed five percent and is approved by a majority vote of the legislative body of the student government of the university.

Deletes existing text prohibiting the amount of the fee imposed on a student in a semester or session from exceeding the amount of the fee imposed on a student enrolled in 15 semester credit hours during the same semester or session.

(f) Provides that this section expires September 1, 2018, rather than September 1, 2013, except that this section (Intercollegiate Athletics Fee: Prairie View A&M University) does not expire if before the end of the 2017-2018 academic year, rather than before the end of the 2012-2013 academic year, the board of regents issued bonds that are payable wholly or partly from the fee. 

SECTION 2.  Provides that Sections 54.5393(a) and (b), Education Code, as amended by this Act, apply only to a fee imposed for a semester that begins on or after the effective date of this Act.

SECTION 3.  Effective date: upon passage or September 1, 2013.

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2013.