H.B. No. 3353
AN ACT
relating to an environmental service fee at public institutions of
higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 54, Education Code, is
amended by adding Section 54.5041 to read as follows:
Sec. 54.5041. ENVIRONMENTAL SERVICE FEE. (a) The
governing board of an institution of higher education may charge
each student enrolled at the institution an environmental service
fee, if the fee has been approved by a majority vote of the students
enrolled at the institution who participate in a general student
election called for that purpose.
(b) Unless increased in accordance with Subsection (d), the
amount of the fee may not exceed:
(1) $5 for each regular semester or summer term of more
than six weeks; or
(2) $2.50 for each summer session of six weeks or less.
(c) The fee may be used only to:
(1) provide environmental improvements at the
institution through services related to recycling, energy
efficiency and renewable energy, transportation, employment,
product purchasing, planning and maintenance, or irrigation; or
(2) provide matching funds for grants to obtain
environmental improvements described by Subdivision (1).
(d) The amount of the fee may not be increased unless the
increase has been approved by a majority vote of the students
enrolled at the institution who participate in a general student
election called for that purpose. The fee may not be increased
under this subsection if the increase would result in a fee under
this section in an amount that exceeds:
(1) $10 for each regular semester or summer term of
more than six weeks; or
(2) $5 for each summer session of six weeks or less.
(e) An institution that imposes the environmental service
fee may not use the revenue generated by the fee to reduce or
replace other money allocated by the institution for environmental
projects.
(f) Any fee revenue that exceeds the amount necessary to
cover current operating expenses for environmental services and any
interest generated from that revenue may be used only for purposes
provided under Subsection (c).
(g) The fee is not considered in determining the maximum
amount of student services fees that an institution of higher
education may charge.
(h) The 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 has issued bonds payable in whole or
in part 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 certify that H.B. No. 3353 was passed by the House on May
15, 2009, by the following vote: Yeas 136, Nays 8, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3353 was passed by the Senate on May
25, 2009, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor