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  S.B. No. 256
 
 
 
 
AN ACT
  relating to an intercollegiate athletics fee at Midwestern State
  University.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 54, Education Code, is
  amended by adding Section 54.5442 to read as follows:
         Sec. 54.5442.  INTERCOLLEGIATE ATHLETICS FEE; MIDWESTERN
  STATE UNIVERSITY. (a)  The board of regents of Midwestern State
  University may charge each student enrolled at the university an
  intercollegiate athletics fee in an amount that, except as
  authorized under Subsection (d), may not exceed:
               (1)  the lesser of $10 per semester credit hour or $120
  for each regular semester or each summer session of more than six
  weeks; or
               (2)  $60 for each summer session of six weeks or less.
         (b)  The fee may not be charged unless approved by a majority
  vote of the students enrolled at the university who participate in a
  general student election held for that purpose.
         (c)  The fee may be used only to develop and maintain an
  intercollegiate athletics program at the university.
         (d)  The board of regents may increase the amount of the fee
  for a semester or summer session in excess of the applicable amount
  provided by Subsection (a) if the increase:
               (1)  is approved by a majority vote of the students
  enrolled at the university who participate in a general student
  election called for that purpose; or
               (2)  does not exceed 10 percent of the amount of the fee
  charged for the same semester or summer session in the preceding
  academic year.
         (e)  The chief fiscal officer of the university shall collect
  the fee and shall deposit the revenue from the fee in an account to
  be known as the Midwestern State University intercollegiate
  athletics fee account.
         (f)  The fee is not considered in determining the maximum
  amount of student services fees that may be charged under Section
  54.503.
         (g)  A fee may not be charged after the fifth academic year in
  which the fee is first charged unless, before the end of that
  academic year, the institution of higher education has issued bonds
  payable from the fee, in which event the fee may not be charged
  after the academic year in which all such bonds, including
  refunding bonds for those bonds, have been fully paid.
         SECTION 2.  The change in law made by this Act applies only
  to fees imposed for a semester or term that begins on or after the
  effective date of this Act.
         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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 256 passed the Senate on
  April 29, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 256 passed the House on
  May 15, 2009, by the following vote:  Yeas 144, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor