2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 55 - Financing Permanent Improvements › Subchapter B. Revenue Bonds and Facilities › Section 55.16. Board Responsibility

Sec. 55.16.  BOARD RESPONSIBILITY.  (a)  Each board shall be authorized to fix and collect rentals, rates, and charges from students and others for the occupancy, services, use, and/or availability of all or any of its property, buildings, structures, activities, operations, or other facilities as provided by this section.
Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 769, Sec. 13
(b)  Unless it is expressly provided by law that specified funds under the control of a board are not considered revenue funds, a provision in this title or another law that limits the purpose for which funds under the control of the board may be spent does not impair a board's ability to pledge and use all revenue funds under the board's control to secure and pay obligations of the board under this chapter or other law.
Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 1432, Sec. 2
(b)  Unless expressly provided by law that specified money under the control of a board is not considered revenue funds, a provision of this title or another law that limits the purposes for which money under the control of the board may be spent does not impair the board's authority to pledge and use any revenue or money under the board's control to secure or pay obligations of the board under this chapter or other law.
Text of subsec. (c) as amended by Acts 2001, 77th Leg., ch. 769, Sec. 13
(c)  A board shall fix each rental, rate, charge, or fee that the board has authority under this title to fix in an amount determined to be necessary to pay or provide, for each activity or service, all associated capital costs, including debt service, operation and maintenance costs, including associated overhead costs of a system or institution, and prudent reserves.  Except as otherwise provided by Subsection (e), this section does not authorize a board to impose a rental, rate, charge, or fee at an amount exceeding a limit imposed by another provision of this title.
Text of subsec. (c) as amended by Acts 2001, 77th Leg., ch. 1432, Sec. 2
(c)  A board shall fix each rental, rate, charge, or fee that the board is authorized by this title to fix in an amount the board determines necessary to pay or provide, for each activity or service for which the rental, rate, charge, or fee is imposed, all associated capital costs, including debt service, operation and maintenance costs, including associated overhead costs of a system or institution, and prudent reserves.  Except as otherwise provided by Subsection (e), this section does not authorize a board to impose a rental, rate, charge, or fee in an amount that exceeds any applicable limit imposed by another provision of this title.
Text of subsec. (d) as amended by Acts 2001, 77th Leg., ch. 769, Sec. 13
(d)  For billing and reporting purposes, a board shall accumulate all mandatory fees or charges provided for by this section or Chapter 54 as a separate facilities and services charge.
Text of subsec. (d) as amended by Acts 2001, 77th Leg., ch. 1432, Sec. 2
(d)  For billing and reporting purposes, a governing board may accumulate all mandatory fees or charges authorized by this section or by Chapter 54 as a separate facilities and services charge.
(e)  If bonds have been or are issued pursuant to this title, or secured or to be secured by a pledge of part or all of the board's revenue funds, and if, at the time of authorizing the issuance of the bonds, (1) the estimated maximum amount per semester hour of such pledged revenue funds (based on then current enrollment and conditions) during any future semester necessary to provide for the payment of the principal of and interest on the bonds when due, together with (2) the aggregate amount of all such pledged revenue funds which were levied on a semester hour basis for the then current semester to pay the principal of and interest on all previously issued bonds, do not exceed the amount permitted by this title, then any necessary fees, tuition, rentals, rates, or other charges constituting revenue funds shall be levied and collected when and to the extent required by the resolution authorizing the issuance of the bonds in any amount required to provide revenue funds sufficient for the payment of the principal of and interest on the bonds, regardless of any other provision or limitation provided by this title.
(f)  A board is not required to charge students enrolled in different degree programs at the institution the same rentals, rates, charges, and fees under this section.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.  Amended by Acts 1973, 63rd Leg., p. 1759, ch. 641, Sec. 1, eff. Aug. 27, 1973;  Acts 1975, 64th Leg., p. 1245, ch. 469, Sec. 1, eff. June 19, 1975;  Acts 1989, 71st Leg., ch. 716, Sec. 1, eff. June 14, 1989;  Acts 1991, 72nd Leg., ch. 839, Sec. 1, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 327, Sec. 1, eff. May 29, 1993;  Acts 1995, 74th Leg., ch. 757, Sec. 7, eff. June 16, 1995;  Acts 1997, 75th Leg., ch. 1073, Sec. 1.05, eff. Aug. 1, 1997;  Acts 2001, 77th Leg., ch. 769, Sec. 13, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1432, Sec. 2, eff. Sept. 1, 2001.