HBA-MPM C.S.S.B. 947 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 947
By: Barrientos
Higher Education
5/18/1999
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.S.B. 947 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 the amount and the
methodology 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 prohibit the
compulsory fee for operating, maintaining, improving, equipping, and/or
constructing additions to the existing Texas Union (union) building near
Guadalupe Street from exceeding $33 for each regular session and $16.50 for
each term of the summer session unless a higher amount is approved as
provided by this section.  Authorizes the board of regents (board) of the
University of Texas System, with the concurrence of the student fees
advisory committee, to increase the amount of the fee to no more than 10
percent of the amount imposed in the preceding academic year if that method
for increasing the fee has been approved by a majority vote of those
students participating in a general election called for that purpose.
Authorizes the board to increase the fee to an amount that is more than 10
percent of the amount imposed in the preceding academic year, rather than a
fee not to exceed $40 for each regular semester and $20 for each term of
the summer session, if the increase is approved by a majority vote of
students participating in a general election called for that purpose.
Authorizes the board to increase the fee to an amount that is more than $33
but not more than $50 for each regular semester, and more than $16.50 but
not more than $30 for each term of the summer session, but only if the
maximum amount has been approved by a majority vote of those students
participating in a general election called for that purpose.  Makes
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 the first day of the
2000 fall semester, 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 consisting 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 listed number of proposed
members of the panel is less than five. 

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

SECTION 3.  Makes SECTION 1 of this Act applicable beginning with the 1999
fall semester and prospective to fees charged on or after that date. 

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 947 differs from the original in SECTION 1 (Section 54.530(a),
Education Code), by clarifying that the fee increase set forth in this
section may take effect if the method for increasing the fee amount has
been approved by a majority vote of students participating in a general
election called for that purpose, as by making a conforming change. 

The original bill prohibited the board of regents (board) of the University
of Texas System from increasing the fee amount to more than $50 for each
regular semester and $30 for each term of each summer session.  This
provision is deleted in the substitute, and language is added to authorize
the board to increase the fee to an amount that is more than $33 but not
more than $50 for each regular semester, and more than $16.50 but not more
than $30 for each term of the summer session, but only if the maximum
amount has been approved by a majority vote of students participating in a
general election called for that purpose.