MMA C.S.H.B. 2010 75(R)BILL ANALYSIS


HIGHER EDUCATION
C.S.H.B. 2010
By: Wilson
4-12-97
Committee Report (Substituted)



BACKGROUND 

Currently, an institution of higher education can award a scholarship,
grant, or other financial assistance to a student on the basis of the
student's status as an athlete.   Some scholarships and awards have
certain restrictions the recipient must fulfill, however there are no
statewide standards that require a certain level of academic achievement
to be maintained.  In light of recent court decisions emphasizing academic
merit, it is fitting that a student be awarded scholarships and other
forms of financial assistance contingent upon their continued academic
excellence. 


PURPOSE

C.S.H.B. 2010 would place certain restrictions on awarding scholarships,
grants or other financial assistance on the basis of the student being a
student athlete. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 56, Education Code, to read as
follows: 
Sec. 56.004.  ATHLETIC SCHOLARSHIP RESTRICTIONS.
(a)  Permits an institution of higher education to award a student a state
funded scholarship, grant or other financial assistance on the basis of
the student's status as a student athlete only if: 
 (1) an entering freshman's high school grade point average (GPA) is equal
to or greater than the average high school GPA of all entering freshman
students of the preceding academic year; 
 (2) a student other than a freshman, has a cumulative college-level GPA
equal to or greater than the average cumulative college-level GPA of all
undergraduate students enrolled at the institution the previous academic
year. 
(b)  Mandates that a scholarship, grant or other financial assistance be
contingent upon the student's compliance with Subsection (a) in each
academic year for which they receive the financial aid. 
 (c)  Defines "student athlete."

SECTION 2.  (a) Effective date:  September 1, 1997.  Only applies to a
scholarship or other financial aid awarded before or on the effective
date. 
(b) Exempts scholarships or other financial aid awarded or promised before
the effective date. 

SECTION 3.  Emergency clause.

 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2010 amends the caption to read "relating to restrictions on the
extension of athletic scholarships or similar financial assistance at
public institutions of higher education." 

H.B. 2010 prohibited an institution from awarding state funded
scholarships, grants or other financial aid on the basis of the student's
status as a student athlete.  C.S.H.B. 2010 instead of prohibiting these
awards, places certain academic restrictions that a student must comply
with each time they are to receive an award. 

C.S.H.B. 2010 also makes conforming changes to the section title and to
the subsection sequencing.