MMA H.B. 2061 75(R)BILL ANALYSIS


HIGHER EDUCATION
H.B. 2061
By: Van de Putte
3-29-97
Committee Report (Amended)


BACKGROUND 
Currently, under federal law every male between 18 and 26 years of age
residing in the United States, other than those granted non-immigrant
status must register with the selective service system.  One penalty for
not registering is ineligible for receipt of any benefits under Title IV
of the Higher Education Act of 1965, 20 U.S.C. 1070 et seq. 

PURPOSE
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. 

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does expressly grant
additional rulemaking authority to the Texas Higher Education Coordinating
Board (THECB) in  SECTION 1 [Sec. 51.9095(f)] and referred to in SECTION 2
(a). 

SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding
Section 51.9095 to read as follows: 
Sec. 51.9095.  STUDENT COMPLIANCE WITH SELECTIVE SERVICE REGISTRATION. (a)
Requires that a student file a statement of selective service status with
an institution of higher education (institution) prior to enrolling. 
  (b)  Requires that a student file a statement of selective service
status with an institution or appropriate entity prior to receiving any
state funded financial assistance for college or any loan guaranteed by
the Texas Guaranteed Student Loan Corporation. 
  (c)  Dictates that an enrollee needs to prove only once the status of
their selective service registration, upon initial enrollment or financial
aid application.  If initially the student was not required to register
with selective service, the former shall file a new statement of their
selective service status the next time they enroll or apply for financial
aid. 
  (d)  Exempts female students not subject to selective service
registration and students older than the maximum age required for
selective service registration. 
  (e)  Mandates that the statement of status with the selective services
include proof  of registration or that the student is exempt from that
registration according to federal law. 
  (f)  Requires THECB to adopt rules and appropriate forms for the
administration of this section.  The form adopted by THECB must require an
individual claiming to be exempt to specify the reason.  THECB may require
additional statements or documentation. 

SECTION 2.  (a)  Requires THECB to adopt a form to be used to implement
this Section by January 1, 1998. 
  (b) The requirement of selective service status takes effect January 1,
1998. 

SECTION 3.  Emergency clause.

EXPLANATION OF AMENDMENTS
Committee amendment number one makes several non-substantive changes to
SECTION 1, Sec. 51.9095(f) to allow the Texas Higher Education
Coordinating Board to use current administrative procedures to implement
this program.