HBA-MPM C.S.H.B. 1932 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1932
By: Maxey
Higher Education
4/23/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The University of Texas at Austin's Texas Union (union) is a place where
students congregate in an unstructured setting.  The union is also the
primary planner and presenter of events and activities for the campus and
the principal source of co-sponsorship funding for events presented by
other students.  Every time a union fee increase is sought, the union must
go through a referendum voted on by the student body.  Other groups on
campus can raise their fees with only the approval of the Student Fees
Advisory Committee, a representative panel of students, administrators, and
faculty that analyzes and votes on the need to raise the fee.  The student
referendum requirement has left the union unable to raise its fees in line
with normal inflation and legislatively mandated increases in cost.
Current law states that this fee may not exceed $33 per regular session or
$16.50 for each summer session. 

C.S.H.B. 1932 allows the compulsory fee dedicated to the existing union
building to be increased if the board of regents of the university and the
Student Fees Advisory Committee concur and if this amount is approved by
students in an election for that purpose. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 54.530(a), Education Code, to stipulate that a
compulsory fee for operating, maintaining, improving, equipping, and/or
constructing additions to the existing Texas Union (union) building near
Guadalupe Street may not exceed $33 for each regular session and $16.50 for
each term of the summer session unless the board of regents (board) of the
University of Texas System increases the amount as provided by this
subsection.  Authorizes the board, with the concurrence of the Student Fees
Advisory Committee, to increase the amount of the fee, if that increase is
approved by a majority vote of students participating in a general election
called for that purpose.  Prohibits the board from increasing the fee
amount to more than $40 for each regular session and $20 for each summer
session.  Makes conforming and nonsubstantive changes. 

SECTION 2.  (a)  Requires a review panel of three members appointed under
this section and financed by the office of the vice president of student
affairs at The University of Texas at Austin (university) to conduct an
external review of the operation of the union to ensure the appropriate use
of the fee.  Requires the review to include an examination of management
decisions and other areas relating to the operation of the union as
necessary.  Requires the review panel, no later than May 1, 2000, to make
to the board of directors of the union related recommendations on ways to
improve the facilities and operations of the union. 

(b)  Requires the vice president of student affairs to compile a list of
seven proposed members of the review panel, which must consist of current
or former union directors, associate union directors, or college or
university presidents with union experience.  Provides that a proposed
panel member may have acquired the necessary union experience at a college
or university outside of this state.  Prohibits the vice president of
student affairs from serving on the panel. 
 
(c)  Requires the vice president of student affairs to submit the list of
proposed panel members to a student committee, which must consist of five
representatives to the student assembly of the university, to be selected
by the student assembly.  Requires the student committee to select three
persons from the submitted list.  Requires the student committee to select
another person from the list to fill a vacant position, should one occur on
the panel. Provides that the student committee's selections, including any
replacement selections, are final, unless a proposed member is unable to
serve, in which event the student committee is required to select a
replacement. 

(d)  Requires the vice president of student affairs to submit to the
student committee additional names as necessary to restore the list of
proposed members to seven, if, at any time, the number of proposed members
of the panel is less than five. 

(e)  Provides that this section expires January 1, 2001.

SECTION 3.  Makes this Act prospective to the 1999 fall semester.

SECTION 4.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1932 differs from the original in SECTION 1 by modifying Section
54.530(a) to delete the proposed provision authorizing the compulsory fee
described by this section to be increased by an amount that is no more than
10 percent of the amount imposed in the preceding academic year, with the
concurrence of the Student Fees Advisory Board and the authorization of the
board of regents (board) of The University of Texas System.  The substitute
further deletes text authorizing the board to increase the amount of the
fee to an amount that is more than 10 percent of the amount imposed in the
preceding academic year.  Instead, the substitute limits the board's
authority to increase fees by specifying that it is prohibited from
increasing a fee to an amount of more than $40 per regular semester and $20
per each summer session term. 

The substitute adds completely new SECTION 2, which requires a three-member
review panel appointed under this section and financed by the office of the
vice president of student affairs to review the operation of the Texas
Union (union).  This section further sets out the duties of this panel and
the method by which the panel is appointed.  Please see the analysis in
this document. 

SECTIONS 3 and 4 of the substitute are redesignated from SECTIONS 2 and 3
of the original.