Vasut Bill Puts Academic Fees Outside The Student Vote

The text as introduced · 922 words

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.