HB2228 - Relating to student fees at public institutions of higher education.

  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.