1 | 1 | | S.B. No. 2182 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to an environmental service fee at public institutions of |
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6 | 6 | | higher education. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter E, Chapter 54, Education Code, is |
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9 | 9 | | amended by adding Section 54.5041 to read as follows: |
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10 | 10 | | Sec. 54.5041. ENVIRONMENTAL SERVICE FEE. (a) The |
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11 | 11 | | governing board of an institution of higher education may charge |
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12 | 12 | | each student enrolled at the institution an environmental service |
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13 | 13 | | fee, if the fee has been approved by a majority vote of the students |
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14 | 14 | | enrolled at the institution who participate in a general student |
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15 | 15 | | election called for that purpose. |
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16 | 16 | | (b) Unless increased in accordance with Subsection (d), the |
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17 | 17 | | amount of the fee may not exceed: |
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18 | 18 | | (1) $5 for each regular semester or summer term of more |
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19 | 19 | | than six weeks; or |
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20 | 20 | | (2) $2.50 for each summer session of six weeks or less. |
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21 | 21 | | (c) The fee may be used only to: |
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22 | 22 | | (1) provide environmental improvements at the |
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23 | 23 | | institution through services related to recycling, energy |
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24 | 24 | | efficiency and renewable energy, transportation, employment, |
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25 | 25 | | product purchasing, planning and maintenance, or irrigation; or |
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26 | 26 | | (2) provide matching funds for grants to obtain |
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27 | 27 | | environmental improvements described by Subdivision (1). |
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28 | 28 | | (d) The amount of the fee may not be increased unless the |
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29 | 29 | | increase has been approved by a majority vote of the students |
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30 | 30 | | enrolled at the institution who participate in a general student |
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31 | 31 | | election called for that purpose. The fee may not be increased |
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32 | 32 | | under this subsection if the increase would result in a fee under |
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33 | 33 | | this section in an amount that exceeds: |
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34 | 34 | | (1) $10 for each regular semester or summer term of |
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35 | 35 | | more than six weeks; or |
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36 | 36 | | (2) $5 for each summer session of six weeks or less. |
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37 | 37 | | (e) An institution that imposes the environmental service |
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38 | 38 | | fee may not use the revenue generated by the fee to reduce or |
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39 | 39 | | replace other money allocated by the institution for environmental |
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40 | 40 | | projects. |
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41 | 41 | | (f) Any fee revenue that exceeds the amount necessary to |
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42 | 42 | | cover current operating expenses for environmental services and any |
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43 | 43 | | interest generated from that revenue may be used only for purposes |
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44 | 44 | | provided under Subsection (c). |
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45 | 45 | | (g) The fee is not considered in determining the maximum |
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46 | 46 | | amount of student services fees that an institution of higher |
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47 | 47 | | education may charge. |
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48 | 48 | | (h) The fee may not be charged after the fifth academic year |
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49 | 49 | | in which the fee is first charged unless, before the end of that |
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50 | 50 | | academic year, the institution has issued bonds payable from the |
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51 | 51 | | fee, in which event the fee may not be charged after the academic |
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52 | 52 | | year in which all such bonds, including refunding bonds for those |
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53 | 53 | | bonds, have been fully paid. |
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54 | 54 | | SECTION 2. The change in law made by this Act applies only |
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55 | 55 | | to fees imposed for a semester or term that begins on or after the |
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56 | 56 | | effective date of this Act. |
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57 | 57 | | SECTION 3. This Act takes effect immediately if it receives |
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58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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61 | 61 | | Act takes effect September 1, 2009. |
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62 | 62 | | ______________________________ ______________________________ |
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63 | 63 | | President of the Senate Speaker of the House |
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64 | 64 | | I hereby certify that S.B. No. 2182 passed the Senate on |
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65 | 65 | | May 6, 2009, by the following vote: Yeas 25, Nays 6. |
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66 | 66 | | ______________________________ |
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67 | 67 | | Secretary of the Senate |
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68 | 68 | | I hereby certify that S.B. No. 2182 passed the House on |
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69 | 69 | | May 26, 2009, by the following vote: Yeas 80, Nays 64, one |
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70 | 70 | | present not voting. |
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71 | 71 | | ______________________________ |
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72 | 72 | | Chief Clerk of the House |
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73 | 73 | | Approved: |
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74 | 74 | | ______________________________ |
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75 | 75 | | Date |
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76 | 76 | | ______________________________ |
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77 | 77 | | Governor |
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