By Wise                                                H.B. No. 470
         76R2284 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment of a trust fund to provide
 1-3     scholarships to economically or educationally disadvantaged
 1-4     students studying outside the United States.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 61, Education Code, is amended by adding
 1-7     Subchapter U to read as follows:
 1-8               SUBCHAPTER U.  TRUST FUND FOR SCHOLARSHIPS FOR
 1-9          DISADVANTAGED STUDENTS STUDYING OUTSIDE THE UNITED STATES
1-10           Sec. 61.901.  DEFINITION.  In this subchapter, "fund" means
1-11     the trust fund for economically or educationally disadvantaged
1-12     students studying outside the United States.
1-13           Sec. 61.902.  ESTABLISHMENT OF TRUST FUND.  (a)  The trust
1-14     fund for economically or educationally disadvantaged students
1-15     studying outside the United States is established.  The fund is
1-16     outside the state treasury.  The fund consists of:
1-17                 (1)  money acquired from private sources on behalf of
1-18     specified students;
1-19                 (2)  state appropriations to the fund;
1-20                 (3)  gifts and grants made to the fund; and
1-21                 (4)  the income from money deposited to the credit of
1-22     the fund.
1-23           (b)  The board shall administer the assets of the fund.  The
1-24     board is the trustee of the fund's assets.  The board may appoint a
 2-1     person to supervise the administration of the fund.
 2-2           (c)  The board shall deposit to the credit of a separate
 2-3     account in the fund contributions from private sources on behalf of
 2-4     a specified student.  The income from the money in the student's
 2-5     account shall be credited to the account.
 2-6           (d)  The legislature shall appropriate an amount of general
 2-7     revenue to the fund, not to the credit of any student account, for
 2-8     each biennium equal to the contributions made under Subsection (c)
 2-9     for the preceding biennium.
2-10           Sec. 61.903.  COMPTROLLER.  (a)  Except as otherwise provided
2-11     by this subchapter, the comptroller is the custodian of the assets
2-12     of the fund.
2-13           (b)  The comptroller shall pay money from the fund on a
2-14     warrant drawn by the comptroller supported only on a voucher signed
2-15     by the board or a person appointed by the board to supervise the
2-16     administration of the fund.
2-17           (c)  The comptroller annually and at other times on request
2-18     of the board  shall furnish to the board a sworn statement of the
2-19     amount of the fund's assets in the comptroller's custody.
2-20           (d)  The board may select one or more commercial banks,
2-21     depository trust companies, or other entities to serve as custodian
2-22     of all or part of the assets of the fund.
2-23           Sec. 61.904.  INVESTMENT OF FUND ASSETS.  (a)  The board
2-24     shall invest the assets of the fund.
2-25           (b)  The board may contract with private professional
2-26     investment managers to assist the board in investing the assets of
2-27     the fund.
 3-1           (c)  The board shall develop written investment objectives
 3-2     concerning the investment of the assets of the fund.  The
 3-3     objectives may address desired rates of return, risks involved,
 3-4     investment time frames, and any other relevant considerations.
 3-5           (d)  In investing the assets of the fund, the board shall
 3-6     exercise the judgment and care, under the circumstances prevailing
 3-7     at the time of the investment, that persons of ordinary prudence,
 3-8     discretion, and intelligence exercise in the management of their
 3-9     own affairs, not in speculation but when making a permanent
3-10     disposition of their money, considering the probable income from
3-11     the disposition and the probable safety of their capital.
3-12           Sec. 61.905.  USE OF FUND.  (a)  The board shall use the
3-13     money in the fund to provide a scholarship to a student:
3-14                 (1)  who applies for a scholarship;
3-15                 (2)  who is a citizen of the United States and has
3-16     resided in this state for at least one year before the date the
3-17     student applies for a scholarship;
3-18                 (3)  who is economically or educationally
3-19     disadvantaged;
3-20                 (4)  who is enrolled in an internship for academic
3-21     credit at an institution of higher education under which the
3-22     student is to study outside the United States; and
3-23                 (5)  for whom an account in the fund has been
3-24     established under Section 61.902(c).
3-25           (b)  The amount of the scholarship is the sum of:
3-26                 (1)  the amount in the account; and
3-27                 (2)  an additional amount from the portion of the fund
 4-1     not credited to student accounts, equal to the lesser of:
 4-2                       (A)  the amount in the account; or
 4-3                       (B)  $5,000.
 4-4           (c)  If the portion of the fund not credited to student
 4-5     accounts is insufficient to cover the portion of scholarships
 4-6     computed under Subsection (b)(2) for an academic year, the board
 4-7     shall allocate the available amount proportionally to the
 4-8     scholarships awarded for that academic year.
 4-9           (d)  If the student does not qualify for a scholarship, the
4-10     board shall refund the money in the account to the source that
4-11     contributed it.
4-12           Sec. 61.906.  RULES.  The board shall adopt rules to
4-13     administer this subchapter, including rules relating to the
4-14     definition of economically or educationally disadvantaged students.
4-15           SECTION 2.  This Act takes effect September 1, 1999.
4-16           SECTION 3.  The importance of this legislation and the
4-17     crowded condition of the calendars in both houses create an
4-18     emergency and an imperative public necessity that the
4-19     constitutional rule requiring bills to be read on three several
4-20     days in each house be suspended, and this rule is hereby suspended.