MMA H.B. 3089 75(R)BILL ANALYSIS


HIGHER EDUCATION
H.B. 3089
By: Jones, Jesse
4-17-97
Committee Report (Unamended)



BACKGROUND 

Students may apply for federal loans to cover the expenses associated with
attending an institution of higher education.  The loan may cover tuition
and fees, costs associated with attending the institution, and living
expenses incurred while attending school.  Most students with a disability
or chronic illness may not use the funds obtained to pay for expenses
incurred in connection with treatment of the student's disability or
illness. 

PURPOSE

H.B. 3089 would prevent an institution of higher education from adopting a
policy that prevents a student with a disability or chronic illness from
using federal loans to pay for expenses incurred in connection with
treatment of the student's disability or illness. 

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, by adding
Section 56.004, to read as follows: 
Sec. 56.004.  STUDENT LOANS FOR STUDENT WITH DISABILITY OR CHRONIC
ILLNESS.  (a)  Prohibits an institution of higher education from adopting
or enforcing a policy which prevents a student with a disability or or
chronic illness from receiving the maximum amount of loan funds for which
a student is eligible to pay for tuition and fees, costs related to
attending the institution, living expenses and medical or personal care
expenses in connection with treatment of the student's disability or
illness. 
(b)  Clarifies that this section does not prohibit an institution from
limiting the maximum amount of loan funds that other students at the
institution may receive if federal law permits. 
(c)  Defines a student to have a disability, for purposes of this section,
by the Americans with Disabilities Act. 

SECTION 2.  Emergency clause.