1 | 1 | | 89R7311 KJE-D |
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2 | 2 | | By: Vasut H.B. No. 2228 |
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3 | 3 | | |
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4 | 4 | | |
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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 student fees at public institutions of higher |
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10 | 10 | | education. |
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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 Sections 54.5001 and 54.5002 to read as follows: |
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14 | 14 | | Sec. 54.5001. ACADEMIC FEES. (a) In this section, |
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15 | 15 | | "academic fee" means a fee charged to a student that is directly |
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16 | 16 | | related to instruction, curriculum, or research at an institution |
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17 | 17 | | of higher education. |
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18 | 18 | | (b) The governing board of an institution of higher |
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19 | 19 | | education may charge an academic fee at an amount sufficient to |
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20 | 20 | | cover the cost of providing the applicable good or service. |
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21 | 21 | | (c) The Texas Higher Education Coordinating Board may adopt |
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22 | 22 | | rules to implement this section. |
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23 | 23 | | Sec. 54.5002. NONACADEMIC FEES. (a) In this section, |
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24 | 24 | | "nonacademic fee" means a fee charged to a student that is not: |
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25 | 25 | | (1) an academic fee as defined by Section 54.5001; |
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26 | 26 | | (2) a special fee described by Section 54.005, |
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27 | 27 | | including a building use fee authorized by the legislature to be |
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28 | 28 | | pledged to finance revenue bond issues; or |
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29 | 29 | | (3) an incidental fee as defined by Section 54.504. |
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30 | 30 | | (b) The governing board of an institution of higher |
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31 | 31 | | education may charge a nonacademic fee only as provided by this |
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32 | 32 | | section. |
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33 | 33 | | (c) For purposes of this section, the governing board of an |
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34 | 34 | | institution of higher education shall establish or recognize a |
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35 | 35 | | student government that: |
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36 | 36 | | (1) has three branches as follows: |
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37 | 37 | | (A) a student body president elected by a |
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38 | 38 | | majority vote of the students enrolled at the institution; |
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39 | 39 | | (B) a student senate or representative assembly |
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40 | 40 | | with at least 21 members organized into districts based on academic |
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41 | 41 | | college, residency, or class year, elected by a majority vote of the |
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42 | 42 | | students enrolled at the institution who belong to those districts; |
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43 | 43 | | and |
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44 | 44 | | (C) a judicial court; or |
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45 | 45 | | (2) is a student senate, representative assembly, or |
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46 | 46 | | council with at least seven members organized into districts based |
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47 | 47 | | on academic college, residency, or class year, elected by a |
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48 | 48 | | majority vote of the students enrolled at the institution who |
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49 | 49 | | belong to those districts. |
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50 | 50 | | (d) The governing board of an institution of higher |
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51 | 51 | | education may propose to impose or change a nonacademic fee to the |
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52 | 52 | | student government described by Subsection (c). The governing |
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53 | 53 | | board shall post on the institution's Internet website any |
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54 | 54 | | materials provided to the student government with respect to the |
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55 | 55 | | proposal. |
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56 | 56 | | (e) A student government that receives a proposal under |
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57 | 57 | | Subsection (d) shall hold an open meeting subject to Chapter 551, |
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58 | 58 | | Government Code, on the proposal. The student government shall |
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59 | 59 | | provide at least seven days' notice of the meeting and must provide |
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60 | 60 | | an opportunity for public testimony at the meeting. |
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61 | 61 | | (f) The governing board of an institution of higher |
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62 | 62 | | education may not impose or change a nonacademic fee unless the |
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63 | 63 | | student government described by Subsection (c) approves the |
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64 | 64 | | imposition or change by: |
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65 | 65 | | (1) for the imposition or increase of a fee, a |
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66 | 66 | | two-thirds majority vote of the student senate, representative |
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67 | 67 | | assembly, or council and, if applicable, signature by the student |
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68 | 68 | | body president or a vote of the student senate, representative |
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69 | 69 | | assembly, or council to override the president's veto as provided |
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70 | 70 | | by the student government's constitution; or |
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71 | 71 | | (2) for the decrease of a fee, a majority vote of the |
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72 | 72 | | student senate, representative assembly, or council and, if |
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73 | 73 | | applicable, signature by the student body president or a vote of the |
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74 | 74 | | student senate, representative assembly, or council to override the |
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75 | 75 | | president's veto as provided by the student government's |
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76 | 76 | | constitution. |
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77 | 77 | | (g) The governing board of an institution of higher |
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78 | 78 | | education may not lobby a student government described by |
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79 | 79 | | Subsection (c) with respect to the imposition or change of a |
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80 | 80 | | nonacademic fee under this section, except that the board may make a |
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81 | 81 | | presentation to the student government at a meeting described by |
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82 | 82 | | Subsection (e). In imposing or changing a nonacademic fee, the |
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83 | 83 | | governing board must certify that the board has complied with this |
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84 | 84 | | subsection. |
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85 | 85 | | (h) A document provided by the governing board of an |
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86 | 86 | | institution of higher education to a student government described |
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87 | 87 | | by Subsection (c), or the agenda, minutes, or resolution or other |
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88 | 88 | | student legislative document of a student government described by |
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89 | 89 | | Subsection (c), relating to the imposition or change of a |
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90 | 90 | | nonacademic fee under this section is subject to Chapter 552, |
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91 | 91 | | Government Code. |
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92 | 92 | | (i) The Texas Higher Education Coordinating Board may adopt |
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93 | 93 | | rules to implement this section. |
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94 | 94 | | SECTION 2. Sections 54.262, 54.501, 54.503, 54.5031, |
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95 | 95 | | 54.5032, 54.5033, 54.5041, 54.505, 54.5061, 54.5062, 54.507, |
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96 | 96 | | 54.508, 54.5081, 54.5085, 54.5089, 54.50891, 54.509, 54.5091, |
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97 | 97 | | 54.510, 54.511, 54.5111, 54.512, 54.5121, 54.5122, 54.513, |
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98 | 98 | | 54.5131, 54.5132, 54.5133, 54.5134, 54.5135, 54.514, 54.515, |
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99 | 99 | | 54.519, 54.5191, 54.5192, 54.520, 54.5201, 54.5202, 54.521, |
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100 | 100 | | 54.522, 54.5221, 54.5222, 54.5223, 54.523, 54.5241, 54.525, |
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101 | 101 | | 54.5251, 54.526, 54.527, 54.528, 54.529, 54.530, 54.531, 54.5311, |
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102 | 102 | | 54.5312, 54.5313, 54.532, 54.5321, 54.5322, 54.533, 54.5331, |
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103 | 103 | | 54.5332, 54.534, 54.5341, 54.5342, 54.5343, 54.535, 54.536, |
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104 | 104 | | 54.537, 54.5371, 54.5372, 54.538, 54.5381, 54.5382, 54.539, |
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105 | 105 | | 54.5391, 54.5392, 54.5393, 54.5394, 54.5395, 54.5396, 54.5397, |
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106 | 106 | | 54.53971, 54.53975, 54.5398, 54.540, 54.5401, 54.5402, 54.5405, |
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107 | 107 | | 54.5406, 54.541, 54.542, 54.5421, 54.543, 54.544, 54.545, and |
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108 | 108 | | 54.551, Education Code, are repealed. |
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109 | 109 | | SECTION 3. The changes in law made by this Act to Subchapter |
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110 | 110 | | E, Chapter 54, Education Code, apply beginning with fees charged by |
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111 | 111 | | a public institution of higher education for the 2026 fall |
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112 | 112 | | semester. Fees charged by a public institution of higher education |
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113 | 113 | | for an academic period before that semester are governed by the law |
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114 | 114 | | in effect immediately before the effective date of this Act, and |
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115 | 115 | | that former law is continued in effect for that purpose. |
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116 | 116 | | SECTION 4. This Act takes effect September 1, 2025. |
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