By Van de Putte                                 H.B. No. 2061

      75R5564 JSA-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring certain individuals to file a statement of

 1-3     selective service status before enrolling in a public institution

 1-4     of higher education or receiving certain financial assistance.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is

 1-7     amended by adding Section 51.9095 to read as follows:

 1-8           Sec. 51.9095.  STUDENT COMPLIANCE WITH SELECTIVE SERVICE

 1-9     REGISTRATION.  (a)  An individual may not enroll in an institution

1-10     of higher  education unless the individual files a statement of the

1-11     individual's selective service status with the institution as

1-12     required by this section.

1-13           (b)  An individual may not receive a loan, grant,

1-14     scholarship, or other financial assistance funded by state revenue,

1-15     including federal funds or gifts and grants accepted by this state,

1-16     or receive a student loan guaranteed by this state or the Texas

1-17     Guaranteed Student Loan Corporation, unless the individual files a

1-18     statement of the individual's selective service status with the

1-19     institution or other entity granting or guaranteeing the financial

1-20     assistance as required by this section.

1-21           (c)  If an individual required by this section to file a

1-22     statement of the individual's selective service status files a

1-23     statement indicating that the individual is registered with the

1-24     selective service system as required by federal law, the individual

 2-1     is not required to file a statement of the individual's selective

 2-2     service status the next time the individual seeks to enroll in the

 2-3     same institution or makes an application to the same entity for

 2-4     financial assistance or a student loan guarantee.  If an individual

 2-5     required by this section to file a statement of the  individual's

 2-6     selective service status files a statement indicating that the

 2-7     individual is not required to  register with the selective service

 2-8     system, the institution or other entity shall require the

 2-9     individual to file a new statement of the individual's selective

2-10     service status the next time the individual seeks to enroll in the

2-11     institution or makes an application to the entity for financial

2-12     assistance or a student loan guarantee.

2-13           (d)  This section does not apply to:

2-14                 (1)  a female individual if females are not subject to

2-15     general selective service registration under federal law; or

2-16                 (2)  an individual older than the maximum age at which

2-17     an individual is required to be registered with the selective

2-18     service system under federal law.

2-19           (e)  The statement of an individual's selective service

2-20     status required by this section must require the individual to

2-21     certify that the individual:

2-22                 (1)  has registered with the selective service system

2-23     as required by federal law; or

2-24                 (2)  is exempt from selective service  registration

2-25     under federal law.

2-26           (f)  The Texas Higher Education Coordinating Board shall

2-27     adopt rules for the administration of this section and shall

 3-1     prescribe the form of a statement to be used under this section.

 3-2     The coordinating board shall distribute copies of the form and

 3-3     applicable rules to each institution of higher education.  The form

 3-4     must require an individual claiming to be exempt from registration

 3-5     to specify the basis of the exemption.  The coordinating board may

 3-6     require an individual filing a statement of selective service

 3-7     status to include with the statement any additional information or

 3-8     documentation the coordinating board determines appropriate.

 3-9           SECTION 2.  (a)  The Texas Higher Education Coordinating

3-10     Board shall prescribe the form for a statement of selective service

3-11     status and adopt rules as required by Section 51.9095, Education

3-12     Code, as added by this Act, not later than January 1, 1998.

3-13           (b)  The requirement that an individual file a statement of

3-14     selective service status in accordance with Section 51.9095,

3-15     Education Code, as added by this Act, takes effect January 1,

3-16     1998.

3-17           SECTION 3.  The importance of this legislation and the

3-18     crowded condition of the calendars in both houses create an

3-19     emergency and an imperative public necessity that the

3-20     constitutional rule requiring bills to be read on three several

3-21     days in each house be suspended, and this rule is hereby suspended.