Texas 2021 - 87th Regular

Texas House Bill HB3993 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R16342~~ KEL-F
	1	+	87R11560 KEL-F
2	2		By: Canales H.B. No. 3993
3		-	Substitute the following for H.B. No. 3993:
4		-	By: Ortega C.S.H.B. No. 3993
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to The University of Texas Rio Grande Valley, to student
10	8		fees imposed by the university, and to the elimination of certain
11	9		obsolete statutory references in relation to the university.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 25.086(a), Education Code, is amended to
14	12		read as follows:
15	13		(a) A child is exempt from the requirements of compulsory
16	14		school attendance if the child:
17	15		(1) attends a private or parochial school that
18	16		includes in its course a study of good citizenship;
19	17		(2) is eligible to participate in a school district's
20	18		special education program under Section 29.003 and cannot be
21	19		appropriately served by the resident district;
22	20		(3) has a physical or mental condition of a temporary
23	21		and remediable nature that makes the child's attendance infeasible
24	22		and holds a certificate from a qualified physician specifying the
25	23		temporary condition, indicating the treatment prescribed to remedy
26	24		the temporary condition, and covering the anticipated period of the
27	25		child's absence from school for the purpose of receiving and
28	26		recuperating from that remedial treatment;
29	27		(4) is expelled in accordance with the requirements of
30	28		law in a school district that does not participate in a mandatory
31	29		juvenile justice alternative education program under Section
32	30		37.011;
33	31		(5) is at least 17 years of age and:
34	32		(A) is attending a course of instruction to
35	33		prepare for the high school equivalency examination, and:
36	34		(i) has the permission of the child's parent
37	35		or guardian to attend the course;
38	36		(ii) is required by court order to attend
39	37		the course;
40	38		(iii) has established a residence separate
41	39		and apart from the child's parent, guardian, or other person having
42	40		lawful control of the child; or
43	41		(iv) is homeless; or
44	42		(B) has received a high school diploma or high
45	43		school equivalency certificate;
46	44		(6) is at least 16 years of age and is attending a
47	45		course of instruction to prepare for the high school equivalency
48	46		examination, if:
49	47		(A) the child is recommended to take the course
50	48		of instruction by a public agency that has supervision or custody of
51	49		the child under a court order; or
52	50		(B) the child is enrolled in a Job Corps training
53	51		program under the Workforce Investment Act of 1998 (29 U.S.C.
54	52		Section 2801 et seq.);
55	53		(7) is at least 16 years of age and is enrolled in a
56	54		high school diploma program under Chapter 18;
57	55		(8) is enrolled in the Texas Academy of Mathematics
58	56		and Science under Subchapter G, Chapter 105;
59	57		(9) is enrolled in the Texas Academy of Leadership in
60	58		the Humanities;
61	59		(10) is enrolled in the Texas Academy of Mathematics
62	60		and Science at The University of Texas Rio Grande Valley [at
63	61		Brownsville];
64	62		(11) is enrolled in the Texas Academy of International
65	63		Studies; or
66	64		(12) is specifically exempted under another law.
67	65		SECTION 2. Section 54.223(a), Education Code, is amended to
68	66		read as follows:
69	67		(a) A person enrolled in The University of Texas Rio Grande
70	68		Valley or [at Brownsville and] Texas Southmost College is entitled
71	69		to pay tuition and fees at the rates provided for Texas residents if
72	70		the person:
73	71		(1) is in residence and in training as a participating
74	72		athlete in a Community Olympic Development Program or at a United
75	73		States Olympic training center located in this state;
76	74		(2) is residing permanently or temporarily in this
77	75		state while in training as a participating athlete:
78	76		(A) in a Community Olympic Development Program
79	77		located in this state; or
80	78		(B) at a United States Olympic training center
81	79		located in this state in a program approved by the governing body
82	80		for the athlete's Olympic sport; or
83	81		(3) is residing permanently or temporarily in this
84	82		state while in training as a participating athlete at a facility in
85	83		this state approved by the governing body for the athlete's Olympic
86	84		sport, in a program approved by that body.
87	85		SECTION 3. Section 54.542, Education Code, is amended to
88	86		read as follows:
89	87		Sec. 54.542. STUDENT UNION FACILITIES [BUILDING] FEE; THE
90	88		UNIVERSITY OF TEXAS RIO GRANDE VALLEY [TEXAS-PAN AMERICAN]. (a)
91	89		Except as provided by Subsection (c) [of this section], the board of
92	90		regents of The University of Texas System may levy a student union
93	91		fee, not to exceed $30 for each student for each regular semester or
94	92		$15 for each student for each term of the summer session, for the
95	93		sole purpose of financing, constructing, operating, maintaining,
96	94		renovating, and improving [a] student union facilities [building]
97	95		for The University of Texas Rio Grande Valley [Texas-Pan American].
98	96		(b) The board of regents may pledge the fees levied under
99	97		this section to pay obligations issued pursuant to the revenue
100	98		financing system of The University of Texas System.
101	99		(c) A student union fee levied under this section may not be
102	100		levied or increased unless the levy or increase is approved by a
103	101		majority vote of those students participating in a general election
104	102		held for that purpose.
105	103		(d) Student union fees levied under this section are in
106	104		addition to any other fee the board of regents is authorized by law
107	105		to charge and may not be considered in determining the maximum
108	106		student services fee that may be charged under Section 54.503(b)
109	107		[of this code].
110	108		(e) Revenue from the fee collected under Subsection (a)
111	109		shall be deposited [The board shall deposit student union fees
112	110		levied under this section] to the credit of an account known as The
113		-	University of Texas Rio Grande Valley student ~~union fee account~~
114		-	~~[Texas-Pan American Student~~ Union Fee Account].
	111	+	University of Texas Rio Grande Valley [Texas-Pan American] Student
	112	+	Union Fee Account.
115	113		(f) Notwithstanding Section 51.002 [of this code], student
116	114		union fees levied under this section are under the control of the
117	115		Student Union Advisory Committee. The committee annually shall
118	116		submit to the president of The University of Texas Rio Grande Valley
119	117		[Texas-Pan American] a complete and itemized budget with a complete
120	118		report of all activities conducted during the past year and all
121	119		expenditures made in connection with those activities. The
122	120		president shall submit the budget to the board of regents as part of
123	121		the institutional budget. Before approving the budget, the board of
124	122		regents may make changes in the budget that the board determines are
125	123		necessary. After approving the budget, the board, in accordance
126	124		with this section, may levy the student union fees for that year in
127	125		amounts sufficient to meet the budgetary needs of the student union
128	126		facilities [building].
129	127		SECTION 4. Section 54.5421, Education Code, is amended to
130	128		read as follows:
131	129		Sec. 54.5421. SPORTS RECREATION AND WELLNESS FACILITY FEE;
132	130		THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY [TEXAS--PAN AMERICAN].
133	131		(a) The board of regents of The University of Texas System may
134	132		charge each student enrolled at The University of Texas Rio Grande
135	133		Valley [Texas--Pan American] a sports recreation and wellness
136	134		facility fee to finance, construct, operate, maintain, or improve
137	135		sports recreation and wellness programs and facilities at the
138	136		university. The amount of the fee may not exceed $79 per student
139	137		[$75] for each regular semester and $39.50 per student [of the
140	138		regular term or] for each term of the summer session.
141	139		(b) A fee charged under this section is in addition to any
142	140		other fee the board is authorized by law to charge [The fee may not
143	141		be imposed unless the fee is approved by a majority vote of those
144	142		students voting in a general student election called for that
145	143		purpose].
146	144		(c) The board may not increase the amount of the fee by more
147	145		than 10 percent in any [from one] academic year [to the next] unless
148	146		the amount of the increase is approved by:
149	147		(1) a majority vote of those students participating
150	148		[voting] in a general student election held at the institution and
151	149		called for that purpose; and
152	150		(2) a majority of the members of the legislative body
153	151		of the student government of the institution.
154	152		(d) The board shall deposit the revenue from the fee to the
155	153		credit of [in] an account known as The University of Texas Rio
156	154		Grande Valley [Texas--Pan American] sports recreation and wellness
157	155		facility account. Money in the account shall be used to the extent
158	156		required in accordance with the terms of the settlement agreement
159	157		between the board of regents of The University of Texas System and
160	158		the board of trustees of the Texas Southmost College District, as
161	159		amended from time to time, terminating the partnership agreement
162	160		authorized by former Section 78.02.
163	161		(e) The board may:
164	162		(1) pledge revenue from the fee to pay obligations
165	163		issued pursuant to the revenue financing system of The University
166	164		of Texas System; and
167	165		(2) use revenue from the fee to pay an obligation
168	166		issued to finance, construct, operate, maintain, renovate, or
169	167		improve a wellness, recreational, and fitness complex owned by
170	168		Texas Southmost College and used by the university under the terms
171	169		of the settlement agreement between the board of regents of The
172	170		University of Texas System and the board of trustees of the Texas
173	171		Southmost College District.
174	172		(f) A fee imposed under this section may not be considered
175	173		in determining the maximum amount of student services fees that may
176	174		be charged under Section 54.503.
177	175		(g) The board may permit a person who is not enrolled at The
178	176		University of Texas Rio Grande Valley [Texas--Pan American] to use
179		-	a ~~university~~ facility financed with revenue from a fee imposed
180		-	~~under this~~ section if:
	177	+	a facility financed with revenue from a fee imposed under this
	178	+	section if:
181	179		(1) the person's use of the facility will not
182	180		materially interfere with student demand or use;
183	181		(2) the person is charged a fee that is not less than
184	182		the student fee and that is not less than the direct and indirect
185	183		cost to the university of providing for the person's use; and
186	184		(3) the person's use will not materially increase the
187	185		potential liability of the university.
188	186		(h) The board of trustees of the Texas Southmost College
189	187		District may pledge revenue from a fee imposed under this section,
190	188		whether received directly from a student or from The University of
191	189		Texas Rio Grande Valley, under the terms of the settlement
192	190		agreement between the board of regents of The University of Texas
193	191		System and the board of trustees of the Texas Southmost College
194	192		District, for the payment of obligations issued by Texas Southmost
195	193		College District to finance the construction, operation,
196	194		maintenance, renovation, and improvement of a wellness,
197	195		recreational, and fitness complex owned by Texas Southmost College
198	196		District and used by the university under the settlement agreement.
199	197		If the fee imposed under this section is pledged to the payment of
200	198		obligations issued by Texas Southmost College District, the board
201	199		of regents of The University of Texas System may not pledge revenue
202	200		from the fee for the payment of obligations issued for an authorized
203	201		purpose under the revenue financing system of The University of
204	202		Texas System.
205	203		SECTION 5. Section 54.551, Education Code, is amended to
206	204		read as follows:
207	205		Sec. 54.551. INTERCOLLEGIATE ATHLETICS FEE; THE
208	206		UNIVERSITY OF TEXAS RIO GRANDE VALLEY [AT BROWNSVILLE]. (a) The
209	207		board of regents of The University of Texas System may impose on
210	208		each student enrolled at The University of Texas Rio Grande Valley
211	209		[at Brownsville] an intercollegiate athletics fee in an amount not
212	210		to exceed $15 [$7] per semester credit hour for each regular
213	211		semester or summer session, unless the amount is increased as
214	212		provided by Subsection (d).
215	213		(b) The board shall deposit revenue from the fee to the
216	214		credit of an account known as The University of Texas Rio Grande
217	215		Valley [at Brownsville] intercollegiate athletics fee
218	216		account. Revenue from the fee charged under this section may be
219	217		used only for financing, constructing, operating, maintaining,
220	218		renovating, or improving an athletic facility or for operating an
221	219		intercollegiate athletics program at the university [Money in the
222	220		account shall be used in accordance with the terms of the
223	221		partnership agreements entered into between The University of Texas
224	222		at Brownsville and Texas Southmost College under Section 78.02].
225	223		(c) If compulsory student services fees are charged to
226	224		students enrolled at the university under Section 54.503, the total
227	225		amount of those fees charged to a student shall be reduced by $15
228		-	per semester credit hour ~~beginning with~~ the first semester in which
229		-	an intercollegiate athletics fee is charged under this section [The
	226	+	per semester credit hour for the first semester in which an
	227	+	intercollegiate athletics fee is charged under this section [The
230	228		fee may not be imposed unless approved by a majority vote of the
231	229		students of the university who participate in a general student
232	230		election held for that purpose].
233	231		(d) The fee authorized by this section may not be increased
234	232		by more than 10 percent from one academic year to the next [amount
235	233		of the fee may not be increased to an amount that exceeds by 10
236	234		percent or more the total amount of the fee as last approved by a
237	235		student vote under Subsection (c) or this subsection] unless the
238	236		increase has been approved by a majority vote of those [the]
239	237		students participating [enrolled at the university who
240	238		participate] in a general student election held at the institution
241	239		and called for that purpose.
242	240		(e) A fee imposed under this section is in addition to any
243	241		other fee the board is authorized by law to impose, and may not be
244	242		considered in determining the maximum amount of student services
245	243		fees that may be imposed under Section 54.503.
246	244		[(f) Subject to the limitations of this section on the
247	245		amount of the fee and any increase in the amount of the fee, the fee
248	246		imposed under this section must be in the same amount as the
249	247		intercollegiate athletics fee charged a student at Texas Southmost
250	248		College by the board of trustees of Southmost Union Junior College
251	249		District. A student attending either or both institutions may be
252	250		charged an intercollegiate athletics fee by only one of the
253	251		institutions.
254	252		[(g) The board may not impose the fee authorized by this
255	253		section on a student who is enrolled solely in online courses at the
256	254		university.]
257	255		SECTION 6. Section 61.003(3), Education Code, is amended to
258	256		read as follows:
259	257		(3) "General academic teaching institution" means The
260	258		University of Texas at Austin; The University of Texas at El Paso;
261	259		The University of Texas of the Permian Basin; The University of
262	260		Texas at Dallas; The University of Texas at San Antonio; Texas A&M
263	261		University, Main University; The University of Texas at Arlington;
264	262		Tarleton State University; Prairie View A&M University; Texas
265	263		Maritime Academy; Texas Tech University; University of North Texas;
266	264		Lamar University; Lamar State College--Orange; Lamar State
267	265		College--Port Arthur; Texas A&M University--Kingsville; Texas A&M
268	266		University--Corpus Christi; Texas Woman's University; Texas
269	267		Southern University; Midwestern State University; University of
270	268		Houston; The University of Texas Rio Grande Valley [Texas--Pan
271	269		American; The University of Texas at Brownsville]; Texas A&M
272	270		University--Commerce; Sam Houston State University; Texas State
273	271		University; West Texas A&M University; Stephen F. Austin State
274	272		University; Sul Ross State University; Angelo State University; The
275	273		University of Texas at Tyler; and any other college, university, or
276	274		institution so classified as provided in this chapter or created
277	275		and so classified, expressly or impliedly, by law.
278	276		SECTION 7. Section 69.22(e), Education Code, is amended to
279	277		read as follows:
280	278		(e) The center established under this section shall
281	279		cooperate fully with similar programs operated by Texas A&M
282	280		International University, The University of Texas Rio Grande Valley
283	281		[Texas--Pan American, The University of Texas at Brownsville], and
284	282		other institutions of higher education.
285	283		SECTION 8. Section 87.504(e), Education Code, is amended to
286	284		read as follows:
287	285		(e) The center established under this section shall
288	286		cooperate fully with similar programs operated by The University of
289	287		Texas at El Paso, The University of Texas Rio Grande Valley
290	288		[Texas--Pan American, The University of Texas at Brownsville], and
291	289		other institutions of higher education.
292	290		SECTION 9. Section 88.601(2), Education Code, is amended to
293	291		read as follows:
294	292		(2) "Consortium" means Lamar University, Texas A&M
295	293		University-Corpus Christi, Texas A&M University at Galveston, The
296	294		University of Texas Rio Grande Valley [at Brownsville], Texas A&M
297	295		University, Texas Transportation Institute, and the Center for
298	296		Transportation Research at The University of Texas at Austin.
299	297		SECTION 10. Section 110.40(h), Education Code, is amended
300	298		to read as follows:
301	299		(h) In conducting its activities under this section, the
302	300		center shall consult with The University of Texas Rio Grande Valley
303	301		[Texas-Pan American] Border Health Office that administers the Type
304	302		2 Diabetes risk assessment program under Chapter 95, Health and
305	303		Safety Code.
306	304		SECTION 11. Section 155.003(b), Education Code, is amended
307	305		to read as follows:
308	306		(b) The commission shall appoint an advisory committee to
309	307		advise the commission regarding the development of priorities,
310	308		guidelines, and procedures for the implementation of this
311	309		chapter. The advisory committee must include representatives of:
312	310		(1) Rice University;
313	311		(2) the University of Houston;
314	312		(3) The University of Texas at Austin;
315	313		(4) Texas A&M University;
316	314		(5) Texas A&M University at Galveston;
317	315		(6) Texas Southern University;
318	316		(7) The University of Texas Rio Grande Valley [at
319	317		Brownsville];
320	318		(8) regional planning commissions, councils of
321	319		governments, or similar regional planning agencies created under
322	320		Chapter 391, Local Government Code, whose membership includes a
323	321		municipality or county located in the Gulf Coast Region;
324	322		(9) engineering and construction firms associated
325	323		with public works contracts; and
326	324		(10) the medical profession in a major urban area
327	325		located in the Gulf Coast Region.
328	326		SECTION 12. Section 490A.003(a), Government Code, is
329	327		amended to read as follows:
330	328		(a) The founding members of the network are:
331	329		(1) the Texas Cooperative Extension of The Texas A&M
332	330		University System;
333	331		(2) the IC2 Institute at The University of Texas at
334	332		Austin;
335	333		(3) the College of Agricultural Sciences and Natural
336	334		Resources at Texas Tech University;
337	335		(4) the Department of Agriculture;
338	336		(5) the Texas Workforce Commission;
339	337		(6) the Texas Department of Rural Affairs;
340	338		(7) the Texas Center for Rural Entrepreneurship;
341	339		(8) the Texas Economic Development Council;
342		-	(9) the Texas Center for Border Economic and
343		-	Enterprise Development [CoSERVE] at The University of Texas Rio
344		-	Grande Valley [Texas--Pan American];
	340	+	(9) CoSERVE at The University of Texas Rio Grande
	341	+	Valley [Texas--Pan American];
345	342		(10) the office of external affairs at Texas Southern
346	343		University; and
347		-	(11) the John F. Baugh Center for Entrepreneurship ~~and~~
348		-	~~Enterprise at~~ Baylor University.
	344	+	(11) the John F. Baugh Center for Entrepreneurship at
	345	+	Baylor University.
349	346		SECTION 13. Section 95.001(4), Health and Safety Code, is
350	347		amended to read as follows:
351	348		(4) "Office" means The University of Texas Rio Grande
352	349		Valley [Texas-Pan American] Border Health Office.
353	350		SECTION 14. Sections 54.546 and 54.550, Education Code, are
354	351		repealed.
355	352		SECTION 15. This Act takes effect immediately if it
356	353		receives a vote of two-thirds of all the members elected to each
357	354		house, as provided by Section 39, Article III, Texas Constitution.
358	355		If this Act does not receive the vote necessary for immediate
359	356		effect, this Act takes effect September 1, 2021.