SRC-TNM H.B. 2061 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2061
By: Van de Putte (Patterson)
Education
5-15-97
Engrossed


DIGEST 

Currently, Texas law requires every male between the ages of 18 and 26
years of age residing in the United States, other than those granted
non-immigration status, to register with the selective service system.
There are specific penalties under the law for failure to register
including fine and imprisonment.  An additional penalty, added by the
Higher Education Act of 1965, 20 U.S.C. 1070, et seq., causes the young
man to be ineligible for assistance and certain benefits.  H.B. 2061 would
require proof of registration with the selective service to qualify for
enrollment in an institution of higher education or to receive state
financial assistance. 

PURPOSE

As proposed, H.B. 2061 outlines provisions requiring certain individuals
to file a statement of selective service status before receiving certain
financial assistance. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Higher Education Coordinating
Board under SECTION 1 (Section 51.905(e), Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 51Z, Education Code, by adding Section 51.9095,
as follows: 

Sec. 51.9095. STUDENT COMPLIANCE WITH SELECTIVE SERVICE REGISTRATION.
Prohibits an individual from receiving a loan, grant, scholarship, or
other financial assistance funded by state revenue, including federal
funds or gifts and grants accepted by this state, or receiving a student
loan guaranteed by this state or the Texas Guaranteed Student Loan
Corporation, unless the individual files a statement of the individual's
selective service status with the institution or other entity granting or
guaranteeing the financial assistance as required by this section.
Provides that if an individual required by this section to file a
statement of the individual's selective service status files a statement
indicating that the individual is registered with the selective service
system as required by federal law, the individual is not required to file
a statement of the individual's selective service status the next time the
individual makes an application to the same entity for financial
assistance or a student loan guarantee.    

(b) Provides that if an individual required by this section to file a
statement of the individual's selective service status files a statement
indicating that the individual is not required to register with the
selective service system, the institution or other entity shall require
the individual to file a new statement of the individual's selective
service status the next time the individual makes an application to the
entity for financial assistance or a student loan guarantee.   

(c) Sets forth individuals to which this section does not apply. 

(d) Requires the statement of an individual's selective service status
required by this section to require the individual to certify that the
individual has registered with the selective service system as required by
federal law or is exempt from selective service registration under
federal law. 

(e) Requires the Texas Higher Education Coordinating Board (board) to
adopt rules for the administration of this section and to prescribe the
statement to be used under this section. Requires the board to notify each
institution of higher education of the required statement and the
applicable rules.  Requires the statement to require an individual
claiming to be exempt from registration to specify the basis of the
exemption.  Authorizes the board to require an individual filing a
statement of selective service status to include with the statement any
additional information or documentation the board determines appropriate. 

SECTION 2. (a)  Requires the board to prescribe the statement of selective
service status and adopt rules as required by Section 51.9095, Education
Code, as added by this Act, not later than January 1, 1998. 

(b) Provides that the requirement that an individual file a statement of
selective service status in accordance with Section 51.9095, Education
Code, as added by this Act, takes effect January 1, 1998. 

SECTION 3. Emergency clause.
  Effective date: 90 days after adjournment.