Texas Education Code - Section 55.16. Board Responsibility
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§ 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,
§ 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,
§ 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,
§ 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,
§ 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,
§ 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,
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1973, 63rd Leg., p. 1759, ch. 641, § 1,
eff. Aug. 27, 1973; Acts 1975, 64th Leg., p. 1245, ch. 469, § 1,
eff. June 19, 1975; Acts 1989, 71st Leg., ch. 716, § 1, eff. June
14, 1989; Acts 1991, 72nd Leg., ch. 839, § 1, eff. Aug. 26, 1991;
Acts 1993, 73rd Leg., ch. 327, § 1, eff. May 29, 1993; Acts 1995,
74th Leg., ch. 757, § 7, eff. June 16, 1995; Acts 1997, 75th
Leg., ch. 1073, § 1.05, eff. Aug. 1, 1997; Acts 2001, 77th Leg.,
ch. 769, § 13, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
1432, § 2, eff. Sept. 1, 2001.
Section: 55.03 55.04 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.171 55.1711 55.1712 55.1713 55.1714 55.1715
Last modified: August 10, 2007
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