HBA-DMD, MAJ H.B. 454 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 454
By: Gutierrez
Higher Education
2/19/1999
Introduced



BACKGROUND AND PURPOSE 

There are a large number of illiterate persons in Texas, but there is a
shortage of volunteer tutors willing to assist in literacy programs.  H.B.
454 establishes the Texas Literacy Pilot Program which provides volunteer
tutors to persons who are learning to read.  The bill also provides
financial assistance in the form of an exemption from tuition and fees for
volunteer tutors who are attending college or vocational schools.
Additionally, the bill establishes an eligibility requirement that in order
for the  student to be eligible to receive the tuition and fee exemption
the student must be qualified to provide the tutoring and meet the entrance
and academic progress requirements of the institution granting the
exemption. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 1 (Section 56.260, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 56, Education Code, by adding Subchapter M, as
follows: 

SUBCHAPTER M. TEXAS LITERACY PILOT PROGRAM

Sec. 56.251.  DEFINITIONS.  Defines "eligible institution" and "eligible
literacy program." 

Sec. 56.252.  PROGRAM  NAME; PURPOSE.  Requires that the student financial
assistance program operated under this subchapter be known as the Texas
Literacy Pilot Program (program).  Provides that the purpose of this
subchapter is to increase the number of literate citizens in this state by
offering an exemption from tuition and fees for college and vocational
students working as volunteer tutors in eligible literacy programs. 

Sec. 56.253.  COORDINATING BOARD AUTHORITY.  Requires the Texas Higher
Education Coordinating Board (board) to administer the program and to work
with eligible literacy programs and eligible institutions to provide
eligible students with tuition and fee exemptions under this subchapter.   

Sec. 56.254.  ELIGIBLE LITERACY PROGRAM.  Provides that to participate in
the pilot program an eligible literacy program must apply to the board with
a form developed and distributed by the board, keep an accurate record of
the hours worked by participating student tutors, notify the board that a
student is eligible to receive a tuition and fee exemption upon completion
of any tutoring requirements, provide a certificate of eligibility to a
student who completes any tutoring requirements, and provide an annual
report evaluating the impact of the pilot program to the board. 

Sec. 56.255.  ELIGIBLE STUDENT.  Provides that to participate in the pilot
program a student must be evaluated by an eligible literacy program and
determined to be qualified to tutor teenagers or adults and meet the
entrance and academic progress requirements of the eligible institution
where the exemption is used.  Requires that preference for the pilot
program be given to a student enrolled in an eligible institution who
provides documentation from the institution that the student has
demonstrated financial need.  

Sec. 56.256.  SELECTION OF LITERACY PROGRAMS TO PARTICIPATE.  Requires that
in the selection process of an eligible literacy program to participate in
the pilot program the board shall consider the literacy program's
statistics regarding the literacy challenges in the community where the
program will provide services, the literacy program's current and preceding
year's efforts to provide literacy training to the community where services
will be provided, and the plans of the literacy program to advertise the
tuition and fee exemptions and to attract tutors for the pilot program. 

Sec. 56.257.  EXEMPTIONS.  Entitles a student enrolled in a public junior
college or public technical institute who completes 50 hours of tutoring to
a $500 exemption from tuition and fees.  Entitles a student enrolled in a
general academic teaching institution who completes 100 hours of tutoring
to a $1,000 exemption from tuition and fees.  Provides that the maximum
cumulative amount of exemptions a student may receive is $1,000. Prohibits
a student from receiving an exemption if the student fails to complete the
required 50 or 100 hours of tutoring.   

Sec. 56.258. GRANTING OF EXEMPTIONS.  Requires the eligible literacy
program to provide a student with a certificate indicating the number of
hours of tutoring completed when a student becomes eligible for a tuition
and fee exemption and to report to the board the name of the student and
number of hours of tutoring completed.  Specifies that the student provide
the certificate to the eligible institution where the student is enrolled
to receive an exemption from tuition and fees and requires the institution
to exempt the student from the amount of tuition and fees for which the
student is eligible.  Requires an eligible institution to report to the
board at least once a year the name of each student who received a tuition
and fee exemption and the amount of each student's tuition and fee
exemption. Requires the board, upon receipt of the report, to verify that
the student has completed any requirements necessary for award of an
exemption and to reimburse the eligible institution for the amount of the
tuition and fee exemptions reported. 

Sec. 56.259.  FUNDING.  Authorizes the board to accept gifts and grants
from a public or private source for the pilot program.  Authorizes that
gifts, grants, and funds appropriated by the legislature for this purpose
be used for the pilot program. 

Sec. 56.260.  RULES.  Requires the board to adopt rules to implement and
administer the pilot program.   

SECTION 2.  Effective date: September 1, 1999.
           Prohibits a student from receiving a tuition and fee exemption
under this Act                      before the spring semester of 2000. 

SECTION 3.  Emergency clause.