SRC-ARR S.B. 1702 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1702
76R442 KEL-DBy: Ellis
Higher Education
4/16/1999
As Filed


DIGEST 

Currently, Texas law does not provide for a scholarship program to assist
deserving students at public law schools who commit to practice law in
certain public interest fields.  High loan debts deter students from
accepting minimal-paying positions with the state. By relieving students of
loan repayment the program creates a larger pool of competent state
attorneys that will remain with the state for a longer period of time. S.B.
1702 would create a scholarship program to assist deserving students at
public law students who commit to practice law in certain public interest
fields. 

PURPOSE

As proposed, S.B. 1702 creates a scholarship program to assist deserving
students at public law schools who commit to practice law in certain public
interest fields. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Higher Education Coordinating
Board in SECTION 1 (Section 54.219(j), Chapter 54D, Education Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54D, Education Code, by adding Section 54.219, as
follows: 

Sec. 54.219. TEXAS LEGAL SERVICES SCHOLARSHIPS. Defines "indigent," "law
schools," and "trust fund." Requires the Texas Higher Education
Coordinating Board (board) to award scholarships, in a number to be
determined by the board after reviewing the total amount of money available
to the Texas Legal Service Scholarship Trust Fund (trust fund), to eligible
students. Authorizes the board to distribute a scholarship to the recipient
in installments during the time the recipient attends law school.
Authorizes a scholarship recipient to use a scholarship to pay the tuition
and fees or other expenses necessary to attend law school. Provides that a
student must meet certain requirements to be eligible for a scholarship.
Requires a student to agree to serve for five years in this state working
as a certain type of attorney. Requires a scholarship recipient to fulfill
certain public service obligations. Sets forth requirements for the
student's promissory note. Requires the board to determine the amount
required to be repaid by a scholarship recipient who does not complete the
person's obligations. Provides that a student who receives a scholarship
under this section is considered to have failed to satisfy the conditions
of the scholarship, and the scholarship automatically becomes a loan, if
the student fails to remain enrolled in or to make steady progress in law
school without good cause as determined by the board. Requires the board to
adopt certain rules as necessary for the administration of this section.
Requires the board to distribute to each law school the eligibility
criteria and a description of the weight given to each factor and the role
each factor plays in the decision to award scholarships, before the date
applications for scholarships are considered under this section for any
academic period. Requires the board to award scholarships under this
section from the amount available in the trust fund. Sets forth
requirements for the trust fund. Authorizes the board to solicit gifts and
grants from any public or private source for the purpose of this section
and to deposit a gift or grant to the credit of the trust fund. Authorizes
the legislature to appropriate money to the trust fund.  

 SECTION 2. Requires the board to adopt rules for awarding scholarships
under Section 54.291, Education Code, as added by this Act, not later than
December 1, 1999. Requires the board to award scholarships under Section
54.291, Education Code, as added by this Act, beginning with the 20002001
academic year.  

SECTION 3. Emergency clause.
          Effective date: 90 days after adjournment.