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.