HBA-MPM, MPM H.B. 2181 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2181
By: Coleman
Higher Education
6/7/1999
Enrolled



BACKGROUND AND PURPOSE 

Major universities across the country have recently built or plan to build
comprehensive recreation and wellness centers.  Where such centers were
once simply places for intramural sports, they now offer facilities
designed for the entire student body to include food service areas and
multi-purpose meeting rooms.  Prior to the 76th Legislative Session, the
board of regents (board) of the University of Houston System was not
authorized to impose a recreational and wellness facility fee on students
enrolled at the university to finance, construct, operate, maintain, and
improve student wellness and recreational facilities.  H.B. 2181 authorizes
the board to impose such a fee, and prohibits the fee from being imposed in
certain cases.  It also authorizes the board to increase the fee, but no
more than 10 percent from one academic year to the next unless approved by
a majority vote in a student election, and requires the board to deposit
revenue from the fee in a special account. 

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 Subchapter E, Chapter 54, Education Code, by adding
Section 54.528, as follows: 

Sec. 54.528.  RECREATIONAL FACILITY FEE; THE UNIVERSITY OF HOUSTON.  (a)
Authorizes the board of regents (board) of the University of Houston System
(university) to charge each student enrolled at the university a
recreational and wellness facility fee to finance, construct, operate,
maintain, or improve student wellness and recreational facilities at the
university.  Prohibits the initial amount of this fee from exceeding $75
for each regular term semester or summer session.  Authorizes the board to
prorate the fee for a summer session. 

(b)  Prohibits the fee from being imposed unless approved by a majority
vote of students participating in a general student election called for
that purpose.  Prohibits the fee from being imposed in a semester or
session before the first semester or session in which a wellness and
recreational facility is available for use. 

(c)  Authorizes the board to increase the fee, but prohibits it from
increasing it by more than 10 percent from one academic year to the next
unless approved by a majority vote in a student election called for that
purpose. 

(d)  Requires the board to deposit the revenue from the fee in an account
known as the recreational and wellness facility account. 

(e)  Authorizes the board to pledge revenue from the fee to pay obligations
issued under the revenue financing system of the system. 

(f) Prohibits a fee imposed under this section from being considered in
determining the maximum amount of student services fees that may be charged
under Section 54.503  (Student Services Fees), Education Code. 

(g)  Authorizes the board to permit a person who is not enrolled at the
university to use a facility financed with revenue from a fee imposed under
this section under certain conditions. 

SECTION 2.  Makes this Act applicable beginning with the 1999 fall semester.

SECTION 3.Emergency clause.
  Effective date: upon passage.