Texas 2025 - 89th Regular

Texas House Bill HB2228 Compare Versions

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11 89R7311 KJE-D
22 By: Vasut H.B. No. 2228
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to student fees at public institutions of higher
1010 education.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter E, Chapter 54, Education Code, is
1313 amended by adding Sections 54.5001 and 54.5002 to read as follows:
1414 Sec. 54.5001. ACADEMIC FEES. (a) In this section,
1515 "academic fee" means a fee charged to a student that is directly
1616 related to instruction, curriculum, or research at an institution
1717 of higher education.
1818 (b) The governing board of an institution of higher
1919 education may charge an academic fee at an amount sufficient to
2020 cover the cost of providing the applicable good or service.
2121 (c) The Texas Higher Education Coordinating Board may adopt
2222 rules to implement this section.
2323 Sec. 54.5002. NONACADEMIC FEES. (a) In this section,
2424 "nonacademic fee" means a fee charged to a student that is not:
2525 (1) an academic fee as defined by Section 54.5001;
2626 (2) a special fee described by Section 54.005,
2727 including a building use fee authorized by the legislature to be
2828 pledged to finance revenue bond issues; or
2929 (3) an incidental fee as defined by Section 54.504.
3030 (b) The governing board of an institution of higher
3131 education may charge a nonacademic fee only as provided by this
3232 section.
3333 (c) For purposes of this section, the governing board of an
3434 institution of higher education shall establish or recognize a
3535 student government that:
3636 (1) has three branches as follows:
3737 (A) a student body president elected by a
3838 majority vote of the students enrolled at the institution;
3939 (B) a student senate or representative assembly
4040 with at least 21 members organized into districts based on academic
4141 college, residency, or class year, elected by a majority vote of the
4242 students enrolled at the institution who belong to those districts;
4343 and
4444 (C) a judicial court; or
4545 (2) is a student senate, representative assembly, or
4646 council with at least seven members organized into districts based
4747 on academic college, residency, or class year, elected by a
4848 majority vote of the students enrolled at the institution who
4949 belong to those districts.
5050 (d) The governing board of an institution of higher
5151 education may propose to impose or change a nonacademic fee to the
5252 student government described by Subsection (c). The governing
5353 board shall post on the institution's Internet website any
5454 materials provided to the student government with respect to the
5555 proposal.
5656 (e) A student government that receives a proposal under
5757 Subsection (d) shall hold an open meeting subject to Chapter 551,
5858 Government Code, on the proposal. The student government shall
5959 provide at least seven days' notice of the meeting and must provide
6060 an opportunity for public testimony at the meeting.
6161 (f) The governing board of an institution of higher
6262 education may not impose or change a nonacademic fee unless the
6363 student government described by Subsection (c) approves the
6464 imposition or change by:
6565 (1) for the imposition or increase of a fee, a
6666 two-thirds majority vote of the student senate, representative
6767 assembly, or council and, if applicable, signature by the student
6868 body president or a vote of the student senate, representative
6969 assembly, or council to override the president's veto as provided
7070 by the student government's constitution; or
7171 (2) for the decrease of a fee, a majority vote of the
7272 student senate, representative assembly, or council and, if
7373 applicable, signature by the student body president or a vote of the
7474 student senate, representative assembly, or council to override the
7575 president's veto as provided by the student government's
7676 constitution.
7777 (g) The governing board of an institution of higher
7878 education may not lobby a student government described by
7979 Subsection (c) with respect to the imposition or change of a
8080 nonacademic fee under this section, except that the board may make a
8181 presentation to the student government at a meeting described by
8282 Subsection (e). In imposing or changing a nonacademic fee, the
8383 governing board must certify that the board has complied with this
8484 subsection.
8585 (h) A document provided by the governing board of an
8686 institution of higher education to a student government described
8787 by Subsection (c), or the agenda, minutes, or resolution or other
8888 student legislative document of a student government described by
8989 Subsection (c), relating to the imposition or change of a
9090 nonacademic fee under this section is subject to Chapter 552,
9191 Government Code.
9292 (i) The Texas Higher Education Coordinating Board may adopt
9393 rules to implement this section.
9494 SECTION 2. Sections 54.262, 54.501, 54.503, 54.5031,
9595 54.5032, 54.5033, 54.5041, 54.505, 54.5061, 54.5062, 54.507,
9696 54.508, 54.5081, 54.5085, 54.5089, 54.50891, 54.509, 54.5091,
9797 54.510, 54.511, 54.5111, 54.512, 54.5121, 54.5122, 54.513,
9898 54.5131, 54.5132, 54.5133, 54.5134, 54.5135, 54.514, 54.515,
9999 54.519, 54.5191, 54.5192, 54.520, 54.5201, 54.5202, 54.521,
100100 54.522, 54.5221, 54.5222, 54.5223, 54.523, 54.5241, 54.525,
101101 54.5251, 54.526, 54.527, 54.528, 54.529, 54.530, 54.531, 54.5311,
102102 54.5312, 54.5313, 54.532, 54.5321, 54.5322, 54.533, 54.5331,
103103 54.5332, 54.534, 54.5341, 54.5342, 54.5343, 54.535, 54.536,
104104 54.537, 54.5371, 54.5372, 54.538, 54.5381, 54.5382, 54.539,
105105 54.5391, 54.5392, 54.5393, 54.5394, 54.5395, 54.5396, 54.5397,
106106 54.53971, 54.53975, 54.5398, 54.540, 54.5401, 54.5402, 54.5405,
107107 54.5406, 54.541, 54.542, 54.5421, 54.543, 54.544, 54.545, and
108108 54.551, Education Code, are repealed.
109109 SECTION 3. The changes in law made by this Act to Subchapter
110110 E, Chapter 54, Education Code, apply beginning with fees charged by
111111 a public institution of higher education for the 2026 fall
112112 semester. Fees charged by a public institution of higher education
113113 for an academic period before that semester are governed by the law
114114 in effect immediately before the effective date of this Act, and
115115 that former law is continued in effect for that purpose.
116116 SECTION 4. This Act takes effect September 1, 2025.