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.