H.B. No. 1261
1-1 AN ACT
1-2 relating to establishing the Texas partnership and scholarship
1-3 program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 2, Education Code, is amended by adding
1-6 Chapter 35 to read as follows:
1-7 CHAPTER 35. TEXAS PARTNERSHIP AND SCHOLARSHIP PROGRAM
1-8 Sec. 35.01. DEFINITIONS. In this chapter:
1-9 (1) "Advisory council" means the Texas partnership and
1-10 scholarship program advisory council created under this chapter.
1-11 (2) "Board" means the Texas Higher Education
1-12 Coordinating Board.
1-13 (3) "Institution of higher education" has the meaning
1-14 assigned by Section 61.003 of this code and includes private
1-15 colleges and universities accredited by a recognized agency under
1-16 Section 61.003(13) of this code.
1-17 Sec. 35.02. PROGRAM NAME AND PURPOSE. (a) The program
1-18 established under this chapter is known as the Texas partnership
1-19 and scholarship program.
1-20 (b) The purpose of the Texas partnership and scholarship
1-21 program is to provide financial assistance to institutions of
1-22 higher education, school districts, and nonprofit organizations
1-23 that operate partnership programs designed to encourage students
1-24 who are at risk of dropping out of school to remain in school,
2-1 graduate, and seek a college education.
2-2 (c) The Texas partnership and scholarship program is
2-3 designed to award a four-year college scholarship for tuition and
2-4 fees for students who participate in a partnership program during
2-5 their high school years and who meet the criteria established by
2-6 this chapter and by board rule.
2-7 Sec. 35.03. ADMINISTRATIVE AUTHORITY. (a) The board shall
2-8 administer the Texas partnership and scholarship program. The
2-9 advisory council shall assist the board as provided by this
2-10 chapter.
2-11 (b) The board shall provide financial assistance on a
2-12 competitive basis to eligible entities that operate partnership
2-13 programs that qualify under this chapter.
2-14 Sec. 35.04. ELIGIBLE ENTITY. (a) To be eligible to receive
2-15 financial assistance under this chapter, an entity must be an
2-16 institution of higher education or a school district or nonprofit
2-17 organization that does not incur debt and that is exempt from
2-18 taxation under Section 501(c)(3) of the Internal Revenue Code of
2-19 1986.
2-20 (b) An eligible entity must apply for financial assistance
2-21 on a form provided by the board and meet any other reasonable
2-22 requirements established by board rule.
2-23 Sec. 35.05. PROGRAM PARTICIPANTS. To be eligible to
2-24 participate in the partnership program, a student must be enrolled
2-25 at an elementary or secondary school that meets the selection
2-26 criteria under Section 35.06 of this code.
2-27 Sec. 35.06. AWARD OF FINANCIAL ASSISTANCE; PARTNERSHIP
3-1 PROGRAM. (a) The board, on a competitive basis, may award
3-2 financial assistance to an eligible entity that provides support
3-3 services to students selected as program participants.
3-4 (b) The types of services provided to program participants
3-5 by a partnership program must include a mentoring program and may
3-6 include skills assessment, tutoring, academic and personal
3-7 counseling, family counseling and home visits, staff development
3-8 activities for personnel with direct responsibility for program
3-9 participants, and mentoring programs.
3-10 (c) An eligible entity must make application to the board to
3-11 receive financial assistance under this chapter. An application
3-12 must demonstrate that the program contains the following elements:
3-13 (1) involvement of public school officials, teachers,
3-14 and counselors in identifying and selecting students in elementary
3-15 school for participation in the partnership program during the
3-16 elementary and secondary school grades;
3-17 (2) criteria for the selection of program participants
3-18 that include consideration of:
3-19 (A) whether the student has a high risk of
3-20 dropping out of school as measured by academic performance,
3-21 attendance, discipline problems, and other factors affecting school
3-22 performance, including teenage pregnancy or parenting, substance
3-23 abuse, child abuse or neglect, or limited English proficiency; and
3-24 (B) whether the student is a low-income student
3-25 as defined by board rule;
3-26 (3) academic and counseling support services for
3-27 program participants;
4-1 (4) involvement of parents and community volunteers to
4-2 the extent possible; and
4-3 (5) an evaluation component that includes follow-up
4-4 relating to the academic performance of program participants during
4-5 secondary school and the program participants' plans concerning
4-6 college attendance.
4-7 (d) If financial assistance is awarded to an eligible entity
4-8 that is not a school district, the application must include a
4-9 description of the frequency and manner of involvement of the
4-10 public schools and school personnel, especially teachers and
4-11 counselors, with the partnership program.
4-12 (e) In awarding financial assistance under this chapter, the
4-13 board shall give priority to an application that:
4-14 (1) provides support services to students enrolled in
4-15 a public school, including a rural public school, that is in a
4-16 school district identified by the Central Education Agency as
4-17 having a higher than average dropout rate;
4-18 (2) is from an eligible entity with demonstrated
4-19 experience in providing support services to students who are at
4-20 high risk of dropping out of school;
4-21 (3) emphasizes cooperation with the public schools in
4-22 which potential program participants are enrolled, including
4-23 communication with the at-risk coordinator designated under Section
4-24 11.205(c) of this code; and
4-25 (4) emphasizes parent involvement and volunteer
4-26 participation from community members.
4-27 (f) Each eligible entity that receives financial assistance
5-1 under this chapter must submit to the board:
5-2 (1) an annual report in the form provided by board
5-3 rule that includes an evaluation of the partnership program
5-4 administered by the eligible entity and follow-up information
5-5 relating to the academic performance and college plans of the
5-6 program participants; and
5-7 (2) a list of the names of program participants who
5-8 are eligible to receive a certificate of completion under Section
5-9 35.07 of this code.
5-10 Sec. 35.07. CERTIFICATE OF COMPLETION. The board shall
5-11 issue a certificate of completion to each student who completes
5-12 participation in a partnership program established under this
5-13 chapter and who meets all other requirements established by this
5-14 chapter and by board rule.
5-15 Sec. 35.08. COOPERATION OF CENTRAL EDUCATION AGENCY. (a)
5-16 The Central Education Agency and the commissioner of education
5-17 shall cooperate with the board concerning the board's
5-18 responsibilities in administering this chapter.
5-19 (b) The Central Education Agency shall provide the board
5-20 with any information concerning the public schools and enrolled
5-21 students that the board requires to administer this chapter and
5-22 that is not considered confidential under other law.
5-23 Sec. 35.09. AWARD OF SCHOLARSHIP. (a) The board shall
5-24 award a scholarship for tuition and compulsory fees, including
5-25 laboratory and building use fees, as provided by this section to a
5-26 student:
5-27 (1) who has received a certificate of completion from
6-1 the board under Section 35.07 of this code;
6-2 (2) who, not later than the second anniversary of the
6-3 date that the student completes high school, enrolls at an
6-4 institution of higher education in this state, a private
6-5 institution of higher education in this state, or an out-of-state
6-6 public or private institution of higher education; and
6-7 (3) who applies for the scholarship on a form provided
6-8 by the board.
6-9 (b) If a student eligible to receive a scholarship under
6-10 this section enrolls at an institution of higher education in this
6-11 state, the board shall award the student a scholarship under this
6-12 section in the amount of tuition and compulsory fees charged at
6-13 that institution.
6-14 (c) If a student eligible to receive a scholarship under
6-15 this section enrolls at a private institution of higher education
6-16 in this state or an out-of-state public or private institution of
6-17 higher education, the board shall award the student a scholarship
6-18 in the amount of the lesser of:
6-19 (1) the amount of tuition and compulsory fees charged
6-20 at that institution; or
6-21 (2) the amount of the average cost of tuition and
6-22 compulsory fees charged at a public senior college or university,
6-23 as defined by Section 61.003 of this code.
6-24 (d) A scholarship under this section may not be used to pay
6-25 voluntary fees or charges for room and board.
6-26 (e) If a student who receives a scholarship under this
6-27 section meets the qualifications under Subsection (g) of this
7-1 section, the board shall award a scholarship to the student for:
7-2 (1) four academic years of full-time undergraduate
7-3 student or the equivalent of part-time study; or
7-4 (2) five academic years of full-time undergraduate
7-5 student or the equivalent of part-time study, if the program of
7-6 study requires five years, as determined by the board.
7-7 (f) A semester, quarter, or term of enrollment during which
7-8 a student receives an award for part-time study under this section
7-9 is counted as one-half of a semester, quarter, or term, as
7-10 appropriate.
7-11 (g) To qualify to continue receiving a scholarship as
7-12 provided by Subsection (e) of this section, a student must:
7-13 (1) retain good academic standing, as provided by
7-14 board rule;
7-15 (2) apply for a scholarship each year on a form and in
7-16 the manner provided by board rule; and
7-17 (3) meet any other reasonable requirements established
7-18 under this subchapter by board rule.
7-19 Sec. 35.10. ADVISORY COUNCIL. (a) The Texas partnership
7-20 and scholarship program advisory council consists of:
7-21 (1) the commissioner of higher education and the
7-22 commissioner of education, who serve as ex officio members;
7-23 (2) three members of the public appointed by the
7-24 governor;
7-25 (3) two members of the public appointed by the
7-26 lieutenant governor; and
7-27 (4) two members of the public appointed by the speaker
8-1 of the house of representatives.
8-2 (b) A member of the advisory council serves for a three-year
8-3 term and may be reappointed for one three-year term, but may not
8-4 serve more than a total of six years. The term of a member expires
8-5 on February 1.
8-6 (c) The advisory council shall elect a presiding officer by
8-7 a majority vote of its members.
8-8 (d) A vacancy on the advisory council shall be filled in the
8-9 same manner in which the position was originally filled. The
8-10 person who fills the vacancy serves for the remainder of the
8-11 unexpired term.
8-12 (e) Members of the advisory council serve without
8-13 compensation but are entitled to reimbursement for actual and
8-14 necessary expenses.
8-15 (f) The advisory council shall:
8-16 (1) review a summary of each application from an
8-17 eligible entity for a grant to establish a partnership program and
8-18 provide its recommendations to the board concerning those
8-19 applications;
8-20 (2) assist the board in evaluating each partnership
8-21 program established under this chapter;
8-22 (3) advise the board concerning any rules adopted by
8-23 the board under this chapter; and
8-24 (4) provide any other assistance to the board that the
8-25 board considers necessary to administer this chapter.
8-26 (g) The board shall provide the advisory council with
8-27 technical and clerical assistance at the request of the council.
9-1 Sec. 35.11. GIFTS, GRANTS, AND DONATIONS. The board may
9-2 solicit and accept gifts, grants, and donations for the purposes of
9-3 this chapter. The board may accept a grant on a matching basis for
9-4 the purposes of this chapter and shall encourage private business
9-5 and industry to provide matching funds.
9-6 Sec. 35.12. ADOPTION AND DISTRIBUTION OF RULES. (a) The
9-7 board may adopt reasonable rules, consistent with the purposes of
9-8 this chapter, to carry out and enforce the requirements expressed
9-9 by this chapter.
9-10 (b) The board shall distribute to the Central Education
9-11 Agency, each public and private institution of higher education,
9-12 each public school district, and any other appropriate entity
9-13 copies of all rules adopted under this chapter.
9-14 Sec. 35.13. FUNDING. Financial assistance provided under
9-15 this chapter is payable solely from funds accepted by the board
9-16 under Section 35.11 of this code.
9-17 Sec. 35.14. ANNUAL REPORT. Not later than September 1 of
9-18 each year, the board shall submit to the governor and the
9-19 legislature a report that includes an evaluation of each
9-20 partnership program and recommendations concerning the
9-21 effectiveness of the Texas partnership and scholarship program in
9-22 motivating students to remain in school and to make plans to attend
9-23 college.
9-24 SECTION 2. (a) The governor, lieutenant governor, and
9-25 speaker of the house of representatives shall make their
9-26 appointments to the Texas partnership and scholarship advisory
9-27 council not later than January 1, 1994. For the initial members of
10-1 the advisory council, each appointing authority shall designate one
10-2 appointee to serve for a three-year term and one appointee to serve
10-3 for a two-year term, and the governor shall designate the
10-4 governor's remaining appointee to serve for a one-year term.
10-5 (b) Not later than January 1, 1994, the Texas Higher
10-6 Education Coordinating Board shall begin accepting applications for
10-7 financial assistance under the Texas partnership and scholarship
10-8 program established under this Act and shall award financial
10-9 assistance as soon as practicable for the 1994-1995 school year.
10-10 (c) Not later than September 1, 1995, the board shall submit
10-11 to the governor and the legislature its first annual report
10-12 concerning the Texas partnership and scholarship program.
10-13 SECTION 3. The importance of this legislation and the
10-14 crowded condition of the calendars in both houses create an
10-15 emergency and an imperative public necessity that the
10-16 constitutional rule requiring bills to be read on three several
10-17 days in each house be suspended, and this rule is hereby suspended,
10-18 and that this Act take effect and be in force from and after its
10-19 passage, and it is so enacted.