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                                                                  H.B. No. 258




AN ACT

relating to authorizing a sports recreation and wellness facility 
fee at The University of Texas--Pan American.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter E, Chapter 54, Education Code, is 
amended by adding Section 54.5421 to read as follows:
	Sec. 54.5421.  SPORTS RECREATION AND WELLNESS FACILITY FEE; 
THE UNIVERSITY OF TEXAS--PAN AMERICAN.  (a)  The board of regents of 
The University of Texas System may charge each student enrolled at 
The University of Texas--Pan American a sports recreation and 
wellness facility fee to finance, construct, operate, maintain, or 
improve sports recreation and wellness programs and facilities at 
the university.  The amount of the fee may not exceed $75 for each 
semester of the regular term or for each summer session.
	(b)  The fee may not be imposed unless the fee is approved by 
a majority vote of those students voting in a general student 
election called for that purpose.
	(c)  The board may not increase the amount of the fee from one 
academic year to the next unless the amount of the increase is 
approved by a majority vote of those students voting in a general 
student election called for that purpose.
	(d)  The board shall deposit the revenue from the fee in an 
account known as The University of Texas--Pan American sports 
recreation and wellness facility account.
	(e)  The board may pledge revenue from the fee to pay 
obligations issued pursuant to the revenue financing system of The 
University of Texas System.
	(f)  A fee imposed under this section may not be considered 
in determining the maximum amount of student services fees that may 
be charged under Section 54.503.
	(g)  The board may permit a person who is not enrolled at The 
University of Texas--Pan American to use a facility financed with 
revenue from a fee imposed under this section if:
		(1)  the person's use of the facility will not 
materially interfere with student demand or use;
		(2)  the person is charged a fee that is not less than 
the student fee and that is not less than the direct and indirect 
cost to the university of providing for the person's use; and
		(3)  the person's use will not materially increase the 
potential liability of the university.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 258 was passed by the House on April 
7, 2005, by the following vote:  Yeas 147, Nays 0, 1 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 258 was passed by the Senate on May 
24, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor