A governing board may charge an environmental service fee only with student approval, must stay within stated caps, and may use the money only for environmental purposes.
Sec. 54.5041. ENVIRONMENTAL SERVICE FEE. (a) The governing board of an institution of higher education may charge each student enrolled at the institution an environmental service fee, if the fee has been approved by a majority vote of the students enrolled at the institution who participate in a general student election called for that purpose. (b) Unless increased in accordance with Subsection (d), the amount of the fee may not exceed: (1) $5 for each regular semester or summer term of more than six weeks; or (2) $2.50 for each summer session of six weeks or less. (c) The fee may be used only to: (1) provide environmental improvements at the institution through services related to recycling, energy efficiency and renewable energy, transportation, employment, product purchasing, planning and maintenance, or irrigation; or (2) provide matching funds for grants to obtain environmental improvements described by Subdivision (1). (d) The amount of the fee may not be increased unless the increase has been approved by a majority vote of the students enrolled at the institution who participate in a general student election called for that purpose. The fee may not be increased under this subsection if the increase would result in a fee under this section in an amount that exceeds: (1) $10 for each regular semester or summer term of more than six weeks; or (2) $5 for each summer session of six weeks or less. (e) An institution that imposes the environmental service fee may not use the revenue generated by the fee to reduce or replace other money allocated by the institution for environmental projects. (f) Any fee revenue that exceeds the amount necessary to cover current operating expenses for environmental services and any interest generated from that revenue may be used only for purposes provided under Subsection (c). (g) The fee is not considered in determining the maximum amount of student services fees that an institution of higher education may charge. (h) The fee may not be charged after the fifth academic year in which the fee is first charged unless, before the end of that academic year, the institution has issued bonds payable in whole or in part from the fee, in which event the fee may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid. Added by Acts 2009, 81st Leg., R.S., Ch. 1325 (H.B. 3353), Sec. 1, eff. June 19, 2009. Added by Acts 2009, 81st Leg., R.S., Ch. 1395 (S.B. 2182), Sec. 1, eff. September 1, 2009.