89R7311 KJE-D
By: Vasut H.B. No. 2228
A BILL TO BE ENTITLED
AN ACT
relating to student fees 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 Sections 54.5001 and 54.5002 to read as follows:
Sec. 54.5001. ACADEMIC FEES. (a) In this section,
"academic fee" means a fee charged to a student that is directly
related to instruction, curriculum, or research at an institution
of higher education.
(b) The governing board of an institution of higher
education may charge an academic fee at an amount sufficient to
cover the cost of providing the applicable good or service.
(c) The Texas Higher Education Coordinating Board may adopt
rules to implement this section.
Sec. 54.5002. NONACADEMIC FEES. (a) In this section,
"nonacademic fee" means a fee charged to a student that is not:
(1) an academic fee as defined by Section 54.5001;
(2) a special fee described by Section 54.005,
including a building use fee authorized by the legislature to be
pledged to finance revenue bond issues; or
(3) an incidental fee as defined by Section 54.504.
(b) The governing board of an institution of higher
education may charge a nonacademic fee only as provided by this
section.
(c) For purposes of this section, the governing board of an
institution of higher education shall establish or recognize a
student government that:
(1) has three branches as follows:
(A) a student body president elected by a
majority vote of the students enrolled at the institution;
(B) a student senate or representative assembly
with at least 21 members organized into districts based on academic
college, residency, or class year, elected by a majority vote of the
students enrolled at the institution who belong to those districts;
and
(C) a judicial court; or
(2) is a student senate, representative assembly, or
council with at least seven members organized into districts based
on academic college, residency, or class year, elected by a
majority vote of the students enrolled at the institution who
belong to those districts.
(d) The governing board of an institution of higher
education may propose to impose or change a nonacademic fee to the
student government described by Subsection (c). The governing
board shall post on the institution's Internet website any
materials provided to the student government with respect to the
proposal.
(e) A student government that receives a proposal under
Subsection (d) shall hold an open meeting subject to Chapter 551,
Government Code, on the proposal. The student government shall
provide at least seven days' notice of the meeting and must provide
an opportunity for public testimony at the meeting.
(f) The governing board of an institution of higher
education may not impose or change a nonacademic fee unless the
student government described by Subsection (c) approves the
imposition or change by:
(1) for the imposition or increase of a fee, a
two-thirds majority vote of the student senate, representative
assembly, or council and, if applicable, signature by the student
body president or a vote of the student senate, representative
assembly, or council to override the president's veto as provided
by the student government's constitution; or
(2) for the decrease of a fee, a majority vote of the
student senate, representative assembly, or council and, if
applicable, signature by the student body president or a vote of the
student senate, representative assembly, or council to override the
president's veto as provided by the student government's
constitution.
(g) The governing board of an institution of higher
education may not lobby a student government described by
Subsection (c) with respect to the imposition or change of a
nonacademic fee under this section, except that the board may make a
presentation to the student government at a meeting described by
Subsection (e). In imposing or changing a nonacademic fee, the
governing board must certify that the board has complied with this
subsection.
(h) A document provided by the governing board of an
institution of higher education to a student government described
by Subsection (c), or the agenda, minutes, or resolution or other
student legislative document of a student government described by
Subsection (c), relating to the imposition or change of a
nonacademic fee under this section is subject to Chapter 552,
Government Code.
(i) The Texas Higher Education Coordinating Board may adopt
rules to implement this section.
SECTION 2. Sections 54.262, 54.501, 54.503, 54.5031,
54.5032, 54.5033, 54.5041, 54.505, 54.5061, 54.5062, 54.507,
54.508, 54.5081, 54.5085, 54.5089, 54.50891, 54.509, 54.5091,
54.510, 54.511, 54.5111, 54.512, 54.5121, 54.5122, 54.513,
54.5131, 54.5132, 54.5133, 54.5134, 54.5135, 54.514, 54.515,
54.519, 54.5191, 54.5192, 54.520, 54.5201, 54.5202, 54.521,
54.522, 54.5221, 54.5222, 54.5223, 54.523, 54.5241, 54.525,
54.5251, 54.526, 54.527, 54.528, 54.529, 54.530, 54.531, 54.5311,
54.5312, 54.5313, 54.532, 54.5321, 54.5322, 54.533, 54.5331,
54.5332, 54.534, 54.5341, 54.5342, 54.5343, 54.535, 54.536,
54.537, 54.5371, 54.5372, 54.538, 54.5381, 54.5382, 54.539,
54.5391, 54.5392, 54.5393, 54.5394, 54.5395, 54.5396, 54.5397,
54.53971, 54.53975, 54.5398, 54.540, 54.5401, 54.5402, 54.5405,
54.5406, 54.541, 54.542, 54.5421, 54.543, 54.544, 54.545, and
54.551, Education Code, are repealed.
SECTION 3. The changes in law made by this Act to Subchapter
E, Chapter 54, Education Code, apply beginning with fees charged by
a public institution of higher education for the 2026 fall
semester. Fees charged by a public institution of higher education
for an academic period before that semester are governed by the law
in effect immediately before the effective date of this Act, and
that former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.