Texas 2021 - 87th Regular

Texas Senate Bill SB1467 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1467
	1	+	By: Hinojosa S.B. No. 1467
	2	+	(Canales)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to The University of Texas Rio Grande Valley, to student
6	8		fees imposed by the university, and to the elimination of certain
7	9		obsolete statutory references in relation to the university.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 25.086(a), Education Code, is amended to
10	12		read as follows:
11	13		(a) A child is exempt from the requirements of compulsory
12	14		school attendance if the child:
13	15		(1) attends a private or parochial school that
14	16		includes in its course a study of good citizenship;
15	17		(2) is eligible to participate in a school district's
16	18		special education program under Section 29.003 and cannot be
17	19		appropriately served by the resident district;
18	20		(3) has a physical or mental condition of a temporary
19	21		and remediable nature that makes the child's attendance infeasible
20	22		and holds a certificate from a qualified physician specifying the
21	23		temporary condition, indicating the treatment prescribed to remedy
22	24		the temporary condition, and covering the anticipated period of the
23	25		child's absence from school for the purpose of receiving and
24	26		recuperating from that remedial treatment;
25	27		(4) is expelled in accordance with the requirements of
26	28		law in a school district that does not participate in a mandatory
27	29		juvenile justice alternative education program under Section
28	30		37.011;
29	31		(5) is at least 17 years of age and:
30	32		(A) is attending a course of instruction to
31	33		prepare for the high school equivalency examination, and:
32	34		(i) has the permission of the child's parent
33	35		or guardian to attend the course;
34	36		(ii) is required by court order to attend
35	37		the course;
36	38		(iii) has established a residence separate
37	39		and apart from the child's parent, guardian, or other person having
38	40		lawful control of the child; or
39	41		(iv) is homeless; or
40	42		(B) has received a high school diploma or high
41	43		school equivalency certificate;
42	44		(6) is at least 16 years of age and is attending a
43	45		course of instruction to prepare for the high school equivalency
44	46		examination, if:
45	47		(A) the child is recommended to take the course
46	48		of instruction by a public agency that has supervision or custody of
47	49		the child under a court order; or
48	50		(B) the child is enrolled in a Job Corps training
49	51		program under the Workforce Investment Act of 1998 (29 U.S.C.
50	52		Section 2801 et seq.);
51	53		(7) is at least 16 years of age and is enrolled in a
52	54		high school diploma program under Chapter 18;
53	55		(8) is enrolled in the Texas Academy of Mathematics
54	56		and Science under Subchapter G, Chapter 105;
55	57		(9) is enrolled in the Texas Academy of Leadership in
56	58		the Humanities;
57	59		(10) is enrolled in the Texas Academy of Mathematics
58	60		and Science at The University of Texas Rio Grande Valley [at
59	61		Brownsville];
60	62		(11) is enrolled in the Texas Academy of International
61	63		Studies; or
62	64		(12) is specifically exempted under another law.
63	65		SECTION 2. Section 54.223(a), Education Code, is amended to
64	66		read as follows:
65	67		(a) A person enrolled in The University of Texas Rio Grande
66	68		Valley or [at Brownsville and] Texas Southmost College is entitled
67	69		to pay tuition and fees at the rates provided for Texas residents if
68	70		the person:
69	71		(1) is in residence and in training as a participating
70	72		athlete in a Community Olympic Development Program or at a United
71	73		States Olympic training center located in this state;
72	74		(2) is residing permanently or temporarily in this
73	75		state while in training as a participating athlete:
74	76		(A) in a Community Olympic Development Program
75	77		located in this state; or
76	78		(B) at a United States Olympic training center
77	79		located in this state in a program approved by the governing body
78	80		for the athlete's Olympic sport; or
79	81		(3) is residing permanently or temporarily in this
80	82		state while in training as a participating athlete at a facility in
81	83		this state approved by the governing body for the athlete's Olympic
82	84		sport, in a program approved by that body.
83	85		SECTION 3. Section 54.542, Education Code, is amended to
84	86		read as follows:
85	87		Sec. 54.542. STUDENT UNION FACILITIES [BUILDING] FEE; THE
86	88		UNIVERSITY OF TEXAS RIO GRANDE VALLEY [TEXAS-PAN AMERICAN]. (a)
87	89		Except as provided by Subsection (c) [of this section], the board of
88	90		regents of The University of Texas System may levy a student union
89	91		fee, not to exceed $30 for each student for each regular semester or
90	92		$15 for each student for each term of the summer session, for the
91	93		sole purpose of financing, constructing, operating, maintaining,
92	94		renovating, and improving [a] student union facilities [building]
93	95		for The University of Texas Rio Grande Valley [Texas-Pan American].
94	96		(b) The board of regents may pledge the fees levied under
95	97		this section to pay obligations issued pursuant to the revenue
96	98		financing system of The University of Texas System.
97	99		(c) A student union fee levied under this section may not be
98	100		levied or increased unless the levy or increase is approved by a
99	101		majority vote of those students participating in a general election
100	102		held for that purpose.
101	103		(d) Student union fees levied under this section are in
102	104		addition to any other fee the board of regents is authorized by law
103	105		to charge and may not be considered in determining the maximum
104	106		student services fee that may be charged under Section 54.503(b)
105	107		[of this code].
106	108		(e) Revenue from the fee collected under Subsection (a)
107	109		shall be deposited [The board shall deposit student union fees
108	110		levied under this section] to the credit of an account known as The
109	111		University of Texas Rio Grande Valley student union fee account
110	112		[Texas-Pan American Student Union Fee Account].
111	113		(f) Notwithstanding Section 51.002 [of this code], student
112	114		union fees levied under this section are under the control of the
113	115		Student Union Advisory Committee. The committee annually shall
114	116		submit to the president of The University of Texas Rio Grande Valley
115	117		[Texas-Pan American] a complete and itemized budget with a complete
116	118		report of all activities conducted during the past year and all
117	119		expenditures made in connection with those activities. The
118	120		president shall submit the budget to the board of regents as part of
119	121		the institutional budget. Before approving the budget, the board
120	122		of regents may make changes in the budget that the board determines
121	123		are necessary. After approving the budget, the board, in
122	124		accordance with this section, may levy the student union fees for
123	125		that year in amounts sufficient to meet the budgetary needs of the
124	126		student union facilities [building].
125	127		SECTION 4. Section 54.5421, Education Code, is amended to
126	128		read as follows:
127	129		Sec. 54.5421. SPORTS RECREATION AND WELLNESS FACILITY FEE;
128	130		THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY [TEXAS--PAN AMERICAN].
129	131		(a) The board of regents of The University of Texas System may
130	132		charge each student enrolled at The University of Texas Rio Grande
131	133		Valley [Texas--Pan American] a sports recreation and wellness
132	134		facility fee to finance, construct, operate, maintain, or improve
133	135		sports recreation and wellness programs and facilities at the
134	136		university. The amount of the fee may not exceed $79 per student
135	137		[$75] for each regular semester and $39.50 per student [of the
136	138		regular term or] for each term of the summer session.
137	139		(b) A fee charged under this section is in addition to any
138	140		other fee the board is authorized by law to charge [The fee may not
139	141		be imposed unless the fee is approved by a majority vote of those
140	142		students voting in a general student election called for that
141	143		purpose].
142	144		(c) The board may not increase the amount of the fee by more
143	145		than 10 percent in any [from one] academic year [to the next] unless
144	146		the amount of the increase is approved by:
145	147		(1) a majority vote of those students participating
146	148		[voting] in a general student election held at the institution and
147	149		called for that purpose; and
148	150		(2) a majority of the members of the legislative body
149	151		of the student government of the institution.
150	152		(d) The board shall deposit the revenue from the fee to the
151	153		credit of [in] an account known as The University of Texas Rio
152	154		Grande Valley [Texas--Pan American] sports recreation and wellness
153	155		facility account. Money in the account shall be used to the extent
154	156		required in accordance with the terms of the settlement agreement
155	157		between the board of regents of The University of Texas System and
156	158		the board of trustees of the Texas Southmost College District, as
157	159		amended from time to time, terminating the partnership agreement
158	160		authorized by former Section 78.02.
159	161		(e) The board may:
160	162		(1) pledge revenue from the fee to pay obligations
161	163		issued pursuant to the revenue financing system of The University
162	164		of Texas System; and
163	165		(2) use revenue from the fee to pay an obligation
164	166		issued to finance, construct, operate, maintain, renovate, or
165	167		improve a wellness, recreational, and fitness complex owned by
166	168		Texas Southmost College and used by the university under the terms
167	169		of the settlement agreement between the board of regents of The
168	170		University of Texas System and the board of trustees of the Texas
169	171		Southmost College District.
170	172		(f) A fee imposed under this section may not be considered
171	173		in determining the maximum amount of student services fees that may
172	174		be charged under Section 54.503.
173	175		(g) The board may permit a person who is not enrolled at The
174	176		University of Texas Rio Grande Valley [Texas--Pan American] to use
175	177		a university-owned facility financed with revenue from a fee
176	178		imposed under this section if:
177	179		(1) the person's use of the facility will not
178	180		materially interfere with student demand or use;
179	181		(2) the person is charged a fee that is not less than
180	182		the student fee and that is not less than the direct and indirect
181	183		cost to the university of providing for the person's use; and
182	184		(3) the person's use will not materially increase the
183	185		potential liability of the university.
184	186		(h) The board of trustees of the Texas Southmost College
185	187		District may pledge revenue from a fee imposed under this section,
186	188		whether received directly from a student or from The University of
187	189		Texas Rio Grande Valley, under the terms of the settlement
188	190		agreement between the board of regents of The University of Texas
189	191		System and the board of trustees of the Texas Southmost College
190	192		District, for the payment of obligations issued by Texas Southmost
191	193		College District to finance the construction, operation,
192	194		maintenance, renovation, and improvement of a wellness,
193	195		recreational, and fitness complex owned by Texas Southmost College
194	196		District and used by the university under the settlement agreement.
195	197		If the fee imposed under this section is pledged to the payment of
196	198		obligations issued by Texas Southmost College District, the board
197	199		of regents of The University of Texas System may not pledge revenue
198	200		from the fee for the payment of obligations issued for an authorized
199	201		purpose under the revenue financing system of The University of
200	202		Texas System.
201	203		SECTION 5. Section 54.551, Education Code, is amended to
202	204		read as follows:
203	205		Sec. 54.551. INTERCOLLEGIATE ATHLETICS FEE; THE
204	206		UNIVERSITY OF TEXAS RIO GRANDE VALLEY [AT BROWNSVILLE]. (a) The
205	207		board of regents of The University of Texas System may impose on
206	208		each student enrolled at The University of Texas Rio Grande Valley
207	209		[at Brownsville] an intercollegiate athletics fee in an amount not
208	210		to exceed $15 [$7] per semester credit hour for each regular
209	211		semester or summer session, unless the amount is increased as
210	212		provided by Subsection (d).
211	213		(b) The board shall deposit revenue from the fee to the
212	214		credit of an account known as The University of Texas Rio Grande
213	215		Valley [at Brownsville] intercollegiate athletics fee
214	216		account. Revenue from the fee charged under this section may be
215	217		used only for financing, constructing, operating, maintaining,
216	218		renovating, or improving an athletic facility or for operating an
217	219		intercollegiate athletics program at the university [Money in the
218	220		account shall be used in accordance with the terms of the
219	221		partnership agreements entered into between The University of Texas
220	222		at Brownsville and Texas Southmost College under Section 78.02].
221	223		(c) If compulsory student services fees are charged to
222	224		students enrolled at the university under Section 54.503, the total
223	225		amount of those fees charged to a student shall be reduced by $15
224	226		per semester credit hour beginning with the first semester in which
225	227		an intercollegiate athletics fee is charged under this section [The
226	228		fee may not be imposed unless approved by a majority vote of the
227	229		students of the university who participate in a general student
228	230		election held for that purpose].
229	231		(d) The fee authorized by this section may not be increased
230	232		by more than 10 percent from one academic year to the next [amount
231	233		of the fee may not be increased to an amount that exceeds by 10
232	234		percent or more the total amount of the fee as last approved by a
233	235		student vote under Subsection (c) or this subsection] unless the
234	236		increase has been approved by a majority vote of those [the]
235	237		students participating [enrolled at the university who
236	238		participate] in a general student election held at the institution
237	239		and called for that purpose.
238	240		(e) A fee imposed under this section is in addition to any
239	241		other fee the board is authorized by law to impose, and may not be
240	242		considered in determining the maximum amount of student services
241	243		fees that may be imposed under Section 54.503.
242	244		[(f) Subject to the limitations of this section on the
243	245		amount of the fee and any increase in the amount of the fee, the fee
244	246		imposed under this section must be in the same amount as the
245	247		intercollegiate athletics fee charged a student at Texas Southmost
246	248		College by the board of trustees of Southmost Union Junior College
247	249		District. A student attending either or both institutions may be
248	250		charged an intercollegiate athletics fee by only one of the
249	251		institutions.
250	252		[(g) The board may not impose the fee authorized by this
251	253		section on a student who is enrolled solely in online courses at the
252	254		university.]
253	255		SECTION 6. Section 61.003(3), Education Code, is amended to
254	256		read as follows:
255	257		(3) "General academic teaching institution" means The
256	258		University of Texas at Austin; The University of Texas at El Paso;
257	259		The University of Texas of the Permian Basin; The University of
258	260		Texas at Dallas; The University of Texas at San Antonio; Texas A&M
259	261		University, Main University; The University of Texas at Arlington;
260	262		Tarleton State University; Prairie View A&M University; Texas
261	263		Maritime Academy; Texas Tech University; University of North Texas;
262	264		Lamar University; Lamar State College--Orange; Lamar State
263	265		College--Port Arthur; Texas A&M University--Kingsville; Texas A&M
264	266		University--Corpus Christi; Texas Woman's University; Texas
265	267		Southern University; Midwestern State University; University of
266	268		Houston; The University of Texas Rio Grande Valley [Texas--Pan
267	269		American; The University of Texas at Brownsville]; Texas A&M
268	270		University--Commerce; Sam Houston State University; Texas State
269	271		University; West Texas A&M University; Stephen F. Austin State
270	272		University; Sul Ross State University; Angelo State University; The
271	273		University of Texas at Tyler; and any other college, university, or
272	274		institution so classified as provided in this chapter or created
273	275		and so classified, expressly or impliedly, by law.
274	276		SECTION 7. Section 69.22(e), Education Code, is amended to
275	277		read as follows:
276	278		(e) The center established under this section shall
277	279		cooperate fully with similar programs operated by Texas A&M
278	280		International University, The University of Texas Rio Grande Valley
279	281		[Texas--Pan American, The University of Texas at Brownsville], and
280	282		other institutions of higher education.
281	283		SECTION 8. Section 87.504(e), Education Code, is amended to
282	284		read as follows:
283	285		(e) The center established under this section shall
284	286		cooperate fully with similar programs operated by The University of
285	287		Texas at El Paso, The University of Texas Rio Grande Valley
286	288		[Texas--Pan American, The University of Texas at Brownsville], and
287	289		other institutions of higher education.
288	290		SECTION 9. Section 88.601(2), Education Code, is amended to
289	291		read as follows:
290	292		(2) "Consortium" means Lamar University, Texas A&M
291	293		University-Corpus Christi, Texas A&M University at Galveston, The
292	294		University of Texas Rio Grande Valley [at Brownsville], Texas A&M
293	295		University, Texas Transportation Institute, and the Center for
294	296		Transportation Research at The University of Texas at Austin.
295	297		SECTION 10. Section 110.40(h), Education Code, is amended
296	298		to read as follows:
297	299		(h) In conducting its activities under this section, the
298	300		center shall consult with The University of Texas Rio Grande Valley
299	301		[Texas-Pan American] Border Health Office that administers the Type
300	302		2 Diabetes risk assessment program under Chapter 95, Health and
301	303		Safety Code.
302	304		SECTION 11. Section 155.003(b), Education Code, is amended
303	305		to read as follows:
304	306		(b) The commission shall appoint an advisory committee to
305	307		advise the commission regarding the development of priorities,
306	308		guidelines, and procedures for the implementation of this
307	309		chapter. The advisory committee must include representatives of:
308	310		(1) Rice University;
309	311		(2) the University of Houston;
310	312		(3) The University of Texas at Austin;
311	313		(4) Texas A&M University;
312	314		(5) Texas A&M University at Galveston;
313	315		(6) Texas Southern University;
314	316		(7) The University of Texas Rio Grande Valley [at
315	317		Brownsville];
316	318		(8) regional planning commissions, councils of
317	319		governments, or similar regional planning agencies created under
318	320		Chapter 391, Local Government Code, whose membership includes a
319	321		municipality or county located in the Gulf Coast Region;
320	322		(9) engineering and construction firms associated
321	323		with public works contracts; and
322	324		(10) the medical profession in a major urban area
323	325		located in the Gulf Coast Region.
324	326		SECTION 12. Section 490A.003(a), Government Code, is
325	327		amended to read as follows:
326	328		(a) The founding members of the network are:
327	329		(1) the Texas Cooperative Extension of The Texas A&M
328	330		University System;
329	331		(2) the IC2 Institute at The University of Texas at
330	332		Austin;
331	333		(3) the College of Agricultural Sciences and Natural
332	334		Resources at Texas Tech University;
333	335		(4) the Department of Agriculture;
334	336		(5) the Texas Workforce Commission;
335	337		(6) the Texas Department of Rural Affairs;
336	338		(7) the Texas Center for Rural Entrepreneurship;
337	339		(8) the Texas Economic Development Council;
338	340		(9) the Texas Center for Border Economic and
339	341		Enterprise Development [CoSERVE] at The University of Texas Rio
340	342		Grande Valley [Texas--Pan American];
341	343		(10) the office of external affairs at Texas Southern
342	344		University; and
343	345		(11) the John F. Baugh Center for Entrepreneurship and
344	346		Free Enterprise at Baylor University.
345	347		SECTION 13. Section 95.001(4), Health and Safety Code, is
346	348		amended to read as follows:
347	349		(4) "Office" means The University of Texas Rio Grande
348	350		Valley [Texas-Pan American] Border Health Office.
349	351		SECTION 14. Sections 54.546 and 54.550, Education Code, are
350	352		repealed.
351	353		SECTION 15. This Act takes effect immediately if it
352	354		receives a vote of two-thirds of all the members elected to each
353	355		house, as provided by Section 39, Article III, Texas Constitution.
354	356		If this Act does not receive the vote necessary for immediate
355	357		effect, this Act takes effect September 1, 2021.
356		-	______________________________ ______________________________
357		-	President of the Senate Speaker of the House
358		-	I hereby certify that S.B. No. 1467 passed the Senate on
359		-	May 5, 2021, by the following vote: Yeas 30, Nays 1.
360		-	______________________________
361		-	Secretary of the Senate
362		-	I hereby certify that S.B. No. 1467 passed the House on
363		-	May 14, 2021, by the following vote: Yeas 119, Nays 26, two
364		-	present not voting.
365		-	______________________________
366		-	Chief Clerk of the House
367		-	Approved:
368		-	______________________________
369		-	Date
370		-	______________________________
371		-	Governor