| 1 | 1 | | 81R28112 E |
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| 2 | 2 | | By: Farabee H.B. No. 603 |
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| 3 | 3 | | Substitute the following for H.B. No. 603: |
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| 4 | 4 | | By: Branch C.S.H.B. No. 603 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to an intercollegiate athletics fee at Midwestern State |
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| 10 | 10 | | University. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter E, Chapter 54, Education Code, is |
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| 13 | 13 | | amended by adding Section 54.5442 to read as follows: |
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| 14 | 14 | | Sec. 54.5442. INTERCOLLEGIATE ATHLETICS FEE; MIDWESTERN |
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| 15 | 15 | | STATE UNIVERSITY. (a) The board of regents of Midwestern State |
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| 16 | 16 | | University may charge each student enrolled at the university an |
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| 17 | 17 | | intercollegiate athletics fee in an amount that, except as |
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| 18 | 18 | | authorized under Subsection (d), may not exceed: |
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| 19 | 19 | | (1) the lesser of $10 per semester credit hour or $120 |
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| 20 | 20 | | for each regular semester or each summer session of more than six |
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| 21 | 21 | | weeks; or |
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| 22 | 22 | | (2) $60 for each summer session of six weeks or less. |
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| 23 | 23 | | (b) The fee may not be charged unless approved by a majority |
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| 24 | 24 | | vote of the students enrolled at the university who participate in a |
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| 25 | 25 | | general student election held for that purpose. |
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| 26 | 26 | | (c) The fee may be used only to develop and maintain an |
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| 27 | 27 | | intercollegiate athletics program at the university. |
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| 28 | 28 | | (d) The board may increase the amount of the fee for a |
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| 29 | 29 | | semester or summer session in excess of the applicable amount |
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| 30 | 30 | | provided by Subsection (a) if the increase: |
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| 31 | 31 | | (1) is approved by a majority vote of the students |
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| 32 | 32 | | enrolled at the university who participate in a general student |
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| 33 | 33 | | election called for that purpose; or |
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| 34 | 34 | | (2) does not exceed 10 percent of the amount of the fee |
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| 35 | 35 | | charged for the same semester or summer session in the preceding |
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| 36 | 36 | | academic year. |
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| 37 | 37 | | (e) The chief fiscal officer of the university shall collect |
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| 38 | 38 | | the fee and shall deposit the revenue from the fee in an account to |
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| 39 | 39 | | be known as the Midwestern State University intercollegiate |
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| 40 | 40 | | athletics fee account. |
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| 41 | 41 | | (f) The fee is not considered in determining the maximum |
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| 42 | 42 | | amount of student services fees that may be charged under Section |
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| 43 | 43 | | 54.503. |
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| 44 | 44 | | (g) The fee may not be charged after the fifth academic year |
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| 45 | 45 | | in which the fee is first charged unless, before the end of that |
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| 46 | 46 | | academic year, the university has issued bonds payable in whole or |
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| 47 | 47 | | in part from the fee, in which event the fee may not be charged after |
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| 48 | 48 | | the academic year in which all such bonds, including refunding |
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| 49 | 49 | | bonds for those bonds, have been fully paid. |
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| 50 | 50 | | SECTION 2. The change in law made by this Act applies only |
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| 51 | 51 | | to fees imposed for a semester or term that begins on or after the |
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| 52 | 52 | | effective date of this Act. |
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| 53 | 53 | | SECTION 3. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2009. |
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