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H.B. No. 1063
AN ACT
relating to a fee to support the wellness, recreational, and
fitness complex at The University of Texas at Brownsville.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 54, Education Code, is
amended by adding Section 54.550 to read as follows:
Sec. 54.550. WELLNESS, RECREATIONAL, AND FITNESS COMPLEX
FEE; THE UNIVERSITY OF TEXAS AT BROWNSVILLE. (a) The board of
regents of The University of Texas System may charge each student
enrolled at The University of Texas at Brownsville a wellness,
recreational, and fitness complex fee. The amount of the fee may
not exceed $79 per student for each regular semester and $39.50 per
student for each term of the summer session.
(b) The board may:
(1) use revenue from the fee only to finance,
construct, operate, maintain, renovate, or improve a wellness,
recreational, and fitness complex owned by Texas Southmost College
and used by the partnership of The University of Texas at
Brownsville and Texas Southmost College under Section 78.02; and
(2) pledge revenue from the fee to pay an obligation
issued for a purpose authorized by Subdivision (1) under the
revenue financing system of The University of Texas System.
(c) The board shall deposit revenue from the fee to the
credit of an account known as The University of Texas at Brownsville
wellness, recreational, and fitness complex fee account. Money in
the account shall be used in accordance with the terms of the
partnership agreements entered into between The University of Texas
at Brownsville and Texas Southmost College under Section 78.02.
(d) The board may not increase the amount of the fee by more
than 10 percent in any academic year unless the amount of the
increase is approved by:
(1) a majority vote of the students participating in a
general student election held at the institution for that purpose;
and
(2) a majority of the members of the legislative body
of the student government of the institution.
(e) A fee charged under this section is in addition to any
other fee the board is authorized by law to charge.
(f) Subject to the limitations of this section on the amount
of the fee and any increase in the amount of the fee, the fee charged
under this section must be in the same amount as the wellness,
recreational, and fitness complex fee charged a student at Texas
Southmost College by the board of trustees of Southmost Union
Junior College District. A student attending either or both
institutions may be charged a wellness, recreational, and fitness
complex fee by only one of the institutions.
(g) The board of trustees of the Southmost Union Junior
College District may pledge revenue from a fee imposed under this
section, whether received directly from a student or from The
University of Texas at Brownsville, under terms of the partnership
agreement between The University of Texas at Brownsville and Texas
Southmost College, for the payment of obligations issued by the
Southmost Union Junior College District to finance the
construction, operation, maintenance, renovation, and improvement
of a wellness, recreational, and fitness complex owned by Texas
Southmost College and used by the two institutions under the
partnership. If the fee imposed under this section is pledged to
the payment of obligations issued by Southmost Union Junior College
District, the board of regents of The University of Texas System may
not pledge revenue from the fee for the payment of obligations
issued for an authorized purpose under the revenue financing system
of The University of Texas System.
SECTION 2. This Act applies beginning with the 2005 fall
semester.
SECTION 3. 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 September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1063 was passed by the House on April
7, 2005, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1063 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor