Sec. 54.528.  RECREATIONAL FACILITY FEE;  THE UNIVERSITY OF HOUSTON.  (a)  The board of regents of the University of Houston System may charge each student enrolled at the University of Houston a recreational and wellness facility fee to finance, construct, operate, maintain, or improve student wellness and recreational facilities at the university.  The initial amount of the fee may not exceed $75 for each semester of the regular term or for each summer session.  The board may prorate the amount of the fee for a summer session.
(b)  The fee may not be imposed unless the fee is approved by a majority vote of those students participating in a general student election called for that purpose.  The fee may not be imposed in a semester or session before the first semester or session in which a wellness and recreational facility is available for use.
(c)  The board may increase the amount of the fee, but may not increase the amount by more than 10 percent from one academic year to the next unless the increase is approved by a majority vote of those students voting in a general student election called for that purpose.
(d)  The board shall deposit the revenue from the fee in an account known as the recreational and wellness facility account.
(e)  The board may pledge revenue from the fee to pay obligations issued pursuant to the revenue financing system of the University of Houston System.
(f)  A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be charged under Section 54.503.
(g)  The board may permit a person who is not enrolled at the University of Houston to use a facility financed with revenue from a fee imposed under this section if:
(1)  the person's use of the facility will not materially interfere with student demand or use;
(2)  the person is charged a fee that is not less than the student fee and that is not less than the direct and indirect cost to the university of providing for the person's use;  and
(3)  the person's use will not materially increase the potential liability of the university.
Added by Acts 1999, 76th Leg., ch. 221, Sec. 1, eff. May 24, 1999.