HBA-MPM C.S.S.B. 1763 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1763 By: Barrientos Higher Education 4/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, Texas law authorizes the University of Texas System to charge certain fees. C.S.S.B. 1763 authorizes the University of Texas System to increase the medical services fee at component institutions. 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 A, Chapter 54, Education Code, by adding Section 54.010, as follows: Sec. 54.010. PRORATION OF STUDENT FEE. Requires the governing board (board) of an institution of higher education, for a student fee authorized by this chapter to be charged per academic semester or term, including a fee authorized to be charged per semester credit hour, to prorate the fee charged for a term of the summer session of nine weeks or less based on the length of the term, unless the statute authorizing the fee specifies a reduced fee amount for that term. SECTION 2. Amends Section 54.50891, Education Code, by amending Subsections (a) and (b) and adding Subsections (e) and (f), as follows: (a) Authorizes the board of regents of the University of Texas System (system) to charge each student registered at a component institution of the system a medical services fee not to exceed $55 for each semester or term, rather than for each semester of the regular term. Provides that if approved by a majority vote of students participating in a general election held at the institution for that purpose, the maximum amount of the medical services fee that may be charged at a component institution is increased to the amount stated on the ballot proposition, not to exceed $75 for each semester or term. Provides that approval at the election of an increase in the maximum amount of the fee that may be charged at a component institution does not affect the application of Subsection (e) to an increase in the amount of the fee actually charged at that institution from one academic year to the next. Makes a conforming change. (b) Provides that before increasing the medical services fee amount at the University of Texas at Austin, a medical services fee committee, the majority of which must be comprised of university students, must approve the increase. (e) Prohibits the board from increasing the amount of the fee charged at a component institution of the system by more than 10 percent from one academic year to the next unless the increase is approved by the majority of the students of the institution voting in a general election at the institution for that purpose. (f) Requires the board to prorate the amount of a fee charged to a student under this section based on the length of the semester or term for which the student is enrolled. SECTION 3. Amends Sections 54.536(a) and (b), Education Code, as follows: (a) Authorizes the fee described in this subsection to be used for maintenance of the student health center building at the university, among other purposes, or for operating the student health center. (b) Makes conforming and nonsubstantive changes. SECTION 4. Amends Sections 54.537(a) and (b), Education Code, to authorize fee described under this subsection to be used for operating the student services building. (b) Makes conforming and nonsubstantive changes. SECTION 5. Makes this Act applicable beginning with fees imposed for the 1999 fall semester. SECTION 6.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1763 modifies the original as follows: The substitute adds completely new SECTION 1, which amends Subchapter A, Chapter 54, Education Code, by adding Section 54.010 (Proration of Student Fee) to require the governing board (board) of an institution of higher education, for a student fee authorized by this chapter to be charged per academic semester or term, including a fee authorized to be charged per semester credit hour, to prorate the fee charged for a term of the summer session of nine weeks or less based on the length of the term, unless the statute authorizing the fee specifies a reduced fee amount for that term. SECTION 2 of the substitute is redesignated from SECTION 1 of the original, and modifies proposed Section 54.50891, Education Code, by further amending Subsections (a) and (b) and added Subsections (e) and (f), as follows: (a) The substitute authorizes the board of regents (board) of The University of Texas System (system) to charge each student registered at a component institution of the system a medical services fee not to exceed $55, rather than $70, for each semester or regular term, rather than for each semester of the regular term. The substitute adds additional language authorizing the fee to be charged at a component institution to be increased to the amount stated in a ballot proposition, not to exceed $75 for each semester or term, if approved by the majority of students at the institution who vote in a general election held for that purpose. The substitute also provides that approval at the election of an increase in the maximum amount of the fee that may be charged at a component institution does not affect the application of Subsection (e) to an increase in the amount of the fee actually charged at that institution from one academic year to the next. (b) The substitute makes nonsubstantive changes. (e) The substitute modifies this subsection to delete the option for a fee increase to be approved by a majority of the elected student government in lieu of a majority vote by the general student body. (f) The substitute makes a nonsubstantive change. SECTION 3 of the original is redesignated from SECTION 2 of the substitute, and further modifies Section 54.536(a), as well as amending existing Section 54.346(b), Education Code, as follows: (a) The substitute includes maintenance, rather than operation and maintenance, of the student health center building among those services for which the fee described by this subsection may be used. The substitute optionally authorizes the fee to be used for operating the student health center. (b) The substitute makes conforming changes. SECTION 4 of the substitute, redesignated from SECTION 3 of the original, further modifies Section 54.537(a), and amends existing Section 54.537(b), as follows: (a) The substitute makes a nonsubstantive change. (b) The substitute makes conforming changes. SECTIONS 5 and 6 of the substitute are redesignated from SECTIONS 4 and 5 of the original. The substitute makes a nonsubstantive change in SECTION 5.