HBA-NMO C.S.S.B. 900 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 900
By: Sibley
Higher Education
4/29/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE

Current law authorizes the governing board of the University of North Texas
to charge a medical service fee.  This fee may need to be raised to provide
adequate medical services to university students.  In addition the student
association sponsored a student referendum in April, 1998, to determine
whether students would support a recreational sports fee of $50 to
construct and equip a recreation facility. The referendum passed.  C.S.S.B.
900 authorizes the board of regents of the University of North Texas to
increase the medical services fee to not more than $50 and impose a
recreational facility fee of not more than $50.   

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 54.5081, Education Code, by amending Subsections
(a) and (d) and adding Subsection (e), as follows: 

(a) Authorizes the board of regents (board), rather than governing board,
of the University of North Texas to charge each student registered at the
university a medical services fee not to exceed $50, rather than $25, for
each semester of the regular term or 12-week summer session and not to
exceed $25, rather than $12.50, for each six-week or shorter term of the
summer session. 

(d) Prohibits the board from increasing the amount of the medical services
fee by more than 10 percent in any academic year unless the increase has
been approved by a majority vote of the students at the institution
participating in an election called for that purpose. 

(e) Redesignated from existing Subsection (d).
 
SECTION 2. Amends Subchapter E, Chapter 54, Education Code, by adding
Section 54.5082, as follows: 

Sec. 54.5082.  RECREATIONAL FACILITY FEE; UNIVERSITY OF NORTH TEXAS. (a)
Authorizes the board to impose a recreational facility fee in an amount not
to exceed $50 per student for each semester of the regular term or the
summer session on each student enrolled in the university for the purpose
of constructing, operating, maintaining, improving, and equipping a
recreational facility or program at the university.  Provides that a fee
imposed under this section is in addition to any other use or service fee
authorized to be imposed.  

(b) Requires that revenue from a fee imposed under this section be
deposited to the credit of an account known as the "University of North
Texas recreational facility fee account" under the control of the student
fee advisory committee.   

(c) Requires the student fee advisory committee to annually submit to the
board a complete and itemized budget for the recreation facility with a
complete report of all recreational facility activities conducted during
the past year and all expenditures made  in connection with those
activities.  Authorizes the board to make changes in the budget that the
board determines are necessary.  Authorizes the board, after approving the
budget, to impose the recreational facility fees for that year in amounts
sufficient to meet the budgetary needs of the recreational facility.
Authorizes the board to contract for the construction of a facility, if the
budget approved by the board contains an expenditure for the construction
of a facility.   

(d) Prohibits the board from increasing the amount of the recreational
facility fee by more than 10 percent in any academic year unless the amount
of the increase is approved by a majority of the students voting in an
election held for that purpose. 

(e) Prohibits a fee imposed under this section from being considered in
determining the maximum student services fees. 

SECTION 3.  Makes application of this Act prospective beginning with the
1999 fall semester. Provides that the change in Section 54.5081(a),
Education Code, takes effect only if it is approved by a majority of the
students voting in an election held for that purpose.  

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 (Section 54.5081,
Education Code) by adding a new Subsection (d) that prohibits the board of
regents (board) of the University of North Texas from increasing the amount
of the medical services fee by more than 10 percent in any academic year
unless the increase has been approved by a majority vote of the students at
the institution participating in an election called for that purpose; and
by redesignating existing Subsection (d) as Subsection (e). 

The substitute differs from the original in SECTION 2 (proposed Section
54.5082, Education Code, by deleting language from proposed Subsection (d)
that would have provided that a majority vote of the legislative body of
the student government of the university could approve an increase in the
amount of the recreational facility fee. 

The substitute differs from the original in SECTION 3 by adding language to
provide that the change in Section 54.5081(a), Education Code, takes effect
only if it is approved by a majority of the students voting in an election
held for that purpose.