76R8174 CAG-D
By Cuellar, Rangel, Capelo, Uresti, H.B. No. 713
Brown of Brazos
Substitute the following for H.B. No. 713:
By Cuellar C.S.H.B. No. 713
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation, modification, or repeal of student
1-3 financial aid, grant, and scholarship programs or tuition and fee
1-4 waivers and the creation of the Texas Gateway to the Future Grant
1-5 Program.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 56, Education Code, is amended by adding
1-8 Subchapter M to read as follows:
1-9 SUBCHAPTER M. TEXAS GATEWAY TO THE FUTURE GRANT PROGRAM
1-10 Sec. 56.301. DEFINITIONS. In this subchapter:
1-11 (1) "Coordinating board" means the Texas Higher
1-12 Education Coordinating Board.
1-13 (2) "Eligible institution" means:
1-14 (A) an institution of higher education; or
1-15 (B) a private or independent institution of
1-16 higher education.
1-17 (3) "Private or independent institution of higher
1-18 education," "public junior college," and "public technical
1-19 institute" have the meanings assigned by Section 61.003.
1-20 Sec. 56.302. PROGRAM NAME; PURPOSE. (a) The student
1-21 financial assistance program authorized by this subchapter is known
1-22 as the Texas Gateway to the Future Grant Program, and an individual
1-23 grant awarded under this subchapter is known as a Texas Gateway
1-24 grant.
2-1 (b) The purpose of this subchapter is to provide a grant of
2-2 money to enable eligible students to attend public and private
2-3 institutions of higher education in this state.
2-4 Sec. 56.303. ADMINISTRATION OF PROGRAM. (a) The
2-5 coordinating board shall administer the Texas Gateway to the Future
2-6 Grant Program and shall adopt any rules necessary to implement the
2-7 program or this subchapter. The coordinating board shall consult
2-8 with the student financial aid officers of eligible institutions in
2-9 developing the rules.
2-10 (b) The coordinating board shall adopt rules to provide a
2-11 Texas Gateway grant to an eligible student enrolled in an eligible
2-12 institution in the most efficient manner possible.
2-13 (c) The total amount of Texas Gateway grants awarded may not
2-14 exceed the amount available for the program from appropriations,
2-15 gifts, grants, or other funds.
2-16 (d) In determining who should receive a Texas Gateway grant,
2-17 the coordinating board and the eligible institutions shall give
2-18 highest priority to awarding grants to students who demonstrate the
2-19 greatest financial need.
2-20 Sec. 56.304. INITIAL ELIGIBILITY FOR GRANT. (a) To be
2-21 eligible initially for a Texas Gateway grant, a person must:
2-22 (1) be a resident of this state as determined by
2-23 coordinating board rules;
2-24 (2) be a graduate of a public high school in this
2-25 state or a private high school in this state accredited by an
2-26 organization recognized by the State Board of Education who
2-27 graduated not earlier than the 1998-1999 school year and who
3-1 completed the recommended or advanced high school curriculum
3-2 established under Section 28.025 or an equivalent curriculum
3-3 recognized by the State Board of Education;
3-4 (3) meet financial need requirements as defined by the
3-5 coordinating board;
3-6 (4) be enrolled in an undergraduate degree or
3-7 certificate program at an eligible institution;
3-8 (5) enroll for at least one-half of a full course load
3-9 as an entering freshman in an undergraduate degree or certificate
3-10 program; and
3-11 (6) comply with any other requirement adopted by the
3-12 coordinating board under this subchapter.
3-13 (b) A person is not eligible to receive a Texas Gateway
3-14 grant if the person has been granted a baccalaureate degree.
3-15 (c) A person may not receive a Texas Gateway grant for more
3-16 than 150 semester credit hours or the equivalent.
3-17 (d) A person may complete the advanced high school
3-18 curriculum requirements of Subsection (a)(2) by attending courses
3-19 at the student's high school or by completing courses offered by
3-20 distance learning under Section 28.002(l).
3-21 (e) The requirement in Subsection (a)(2) that a person must
3-22 have completed the recommended or advanced high school curriculum
3-23 or its equivalent does not apply to a person who:
3-24 (1) attended a high school that the commissioner of
3-25 education certifies did not offer all the necessary courses to
3-26 complete all parts of the recommended or advanced curriculum or its
3-27 equivalent; and
4-1 (2) completed all courses at the high school offered
4-2 toward the completion of the recommended or advanced curriculum or
4-3 its equivalent.
4-4 Sec. 56.305. CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE
4-5 REQUIREMENTS. (a) After initially qualifying for a Texas Gateway
4-6 grant, a person may continue to receive a Texas Gateway grant
4-7 during each semester or term in which the person is enrolled at an
4-8 eligible institution only if the person:
4-9 (1) meets financial need requirements as defined by
4-10 the coordinating board;
4-11 (2) is enrolled in an undergraduate degree or
4-12 certificate program at an eligible institution;
4-13 (3) is enrolled for at least one-half of a full course
4-14 load in the person's undergraduate degree or certificate program;
4-15 (4) makes satisfactory academic progress toward an
4-16 undergraduate degree or certificate; and
4-17 (5) complies with any other requirement adopted by the
4-18 coordinating board.
4-19 (b) If a person fails to meet any of the requirements of
4-20 Subsection (a) after the completion of any semester or term, the
4-21 person may not receive a Texas Gateway grant under this subchapter
4-22 during the next semester or term in which the person enrolls. A
4-23 person may become eligible to receive a grant in a subsequent
4-24 semester or term if the person:
4-25 (1) completes a semester or term during which the
4-26 student is not eligible for a scholarship; and
4-27 (2) meets all the requirements of Subsection (a).
5-1 (c) A person who qualifies for and subsequently receives a
5-2 Texas Gateway grant, who receives an undergraduate certificate or
5-3 associate degree, and who enrolls, not later than the 12th month
5-4 after the month the person receives the certificate or degree, in a
5-5 program leading to a higher-level undergraduate degree continues to
5-6 be eligible for a grant to the extent other eligibility
5-7 requirements are met.
5-8 (d) For purposes of this section, a person makes
5-9 satisfactory academic progress toward an undergraduate degree or
5-10 certificate only if the person:
5-11 (1) completed at least 80 percent of the semester
5-12 credit hours attempted in the student's most recent semester or
5-13 term; and
5-14 (2) has earned an overall grade point average of at
5-15 least 2.0 on a four point scale or the equivalent on coursework
5-16 previously attempted at institutions of higher education.
5-17 Sec. 56.306. GRANT USE. (a) A person receiving a Texas
5-18 Gateway grant may use the money to pay any usual and customary cost
5-19 of attendance at an institution of higher education incurred by the
5-20 student.
5-21 (b) An institution may disburse all or part of the proceeds
5-22 of a Texas Gateway grant to an eligible person only if all tuition
5-23 and required fees owed by the person to the institution have been
5-24 paid.
5-25 Sec. 56.307. GRANT AMOUNT. (a) The amount of a Texas
5-26 Gateway grant for a semester or term for a person enrolled
5-27 full-time at an eligible institution other than an institution
6-1 covered by Subsection (b), (c), or (d) is the amount determined by
6-2 the coordinating board as the average statewide amount of tuition
6-3 and required fees that a resident student enrolled full-time in a
6-4 baccalaureate degree program would be charged for that semester or
6-5 term at general academic institutions.
6-6 (b) The amount of a Texas Gateway grant for a student
6-7 enrolled full-time at a private or independent institution of
6-8 higher education is the amount determined by the coordinating board
6-9 as the average statewide amount of tuition and required fees that a
6-10 resident student enrolled full-time in a baccalaureate degree
6-11 program would be charged for that semester or term at general
6-12 academic institutions.
6-13 (c) The amount of a Texas Gateway grant for a student
6-14 enrolled full-time at a public technical institute is the amount
6-15 determined by the coordinating board as the average statewide
6-16 amount of tuition and required fees that a resident student
6-17 enrolled full-time in an associate degree or certificate program
6-18 would be charged for that semester or term at public technical
6-19 institutes.
6-20 (d) The amount of a Texas Gateway grant for a student
6-21 enrolled full-time at a public junior college is the amount
6-22 determined by the coordinating board as the average statewide
6-23 amount of tuition and required fees that a student who is a
6-24 resident of the junior college district and is enrolled full-time
6-25 in an associate degree or certificate program would be charged for
6-26 that semester or term at public junior colleges.
6-27 (e) The amount of a Texas Gateway grant for a student
7-1 enrolled part-time at an eligible institution is equal to the pro
7-2 rata share of the average statewide amount of tuition and required
7-3 fees, as determined by the coordinating board under this section,
7-4 that is applicable to the type of institution in which the person
7-5 is enrolled.
7-6 (f) The amount of a Texas Gateway grant may not be reduced
7-7 by any gift aid for which the person is eligible, unless the total
7-8 amount of a person's grant plus any gift aid received exceeds the
7-9 total cost of attendance at an eligible institution.
7-10 (g) Not later than January 1 of each year, the coordinating
7-11 board shall publish the amounts of each Texas Gateway grant for
7-12 each type of institution established by the board for the next
7-13 academic year.
7-14 Sec. 56.308. NOTIFICATION OF PROGRAM; RESPONSIBILITIES OF
7-15 SCHOOL DISTRICTS. (a) The coordinating board shall distribute to
7-16 each eligible institution and to each school district a copy of the
7-17 rules adopted under this subchapter.
7-18 (b) Each school district shall:
7-19 (1) notify its middle school students, junior high
7-20 school students, and high school students and those students'
7-21 parents of the grant program and the eligibility requirements of
7-22 the program in a manner that assists the district in implementing a
7-23 strategy adopted by the district under Section 11.252(a)(4); and
7-24 (2) ensure that each student's official transcript or
7-25 diploma indicates whether the student has completed or will
7-26 complete:
7-27 (A) the recommended or advanced high school
8-1 curriculum established under Section 28.025; or
8-2 (B) for a school district covered by Section
8-3 56.304(e)(1), the required portion of the recommended or advanced
8-4 high school curriculum in the manner described in Section
8-5 56.304(e)(2).
8-6 (c) A student's transcript must indicate information
8-7 described by Subsection (b)(2) not later than the end of the
8-8 student's junior year.
8-9 Sec. 56.309. FUNDING. The coordinating board may solicit
8-10 and accept gifts and grants from any public or private source for
8-11 the purposes of this subchapter.
8-12 SECTION 2. Section 54.5021(c), Education Code, is amended to
8-13 read as follows:
8-14 (c) Not later than August 31 of each fiscal year, each
8-15 institution of higher education that has an unobligated and
8-16 unexpended balance in its student deposit fund that exceeds 150
8-17 percent of the total deposits to that fund during that year shall
8-18 remit to the Texas Higher Education Coordinating Board the amount
8-19 of that excess. The coordinating board shall allocate on an
8-20 equitable basis amounts received under this subsection to
8-21 institutions of higher education that do not have an excess
8-22 described by this subsection for deposit in their student deposit
8-23 fund. The amount allocated under this subsection may be used only
8-24 for making grants under Subchapter M, Chapter 56 [scholarship
8-25 awards to needy and deserving students under this section].
8-26 SECTION 3. Section 56.039, Education Code, is amended to
8-27 read as follows:
9-1 Sec. 56.039. FULL USE OF FUNDS. At the end of a fiscal
9-2 year, if the total amount of unencumbered funds that have been set
9-3 aside under this subchapter by an institution of higher education,
9-4 together with the total amount of unencumbered funds transferred by
9-5 that institution to the Coordinating Board, Texas College and
9-6 University System, exceeds 150 percent of the amount of funds set
9-7 aside by that institution in that fiscal year, the institution
9-8 shall transfer the excess amount to the coordinating board. The
9-9 coordinating board shall use funds transferred under this section
9-10 to award grants under Subchapter M [scholarships as provided by law
9-11 to students at institutions other than the institution that
9-12 transferred the funds].
9-13 SECTION 4. Subchapter C, Chapter 61, Education Code, is
9-14 amended by adding Section 61.0776 to read as follows:
9-15 Sec. 61.0776. CENTER FOR FINANCIAL AID INFORMATION. (a)
9-16 The board, in cooperation with institutions of higher education,
9-17 public school counselors, the Texas Guaranteed Student Loan
9-18 Corporation, regional education service centers, and any private
9-19 entities approved by the board, shall develop a center for
9-20 financial aid information. The center shall disseminate
9-21 information about financial aid opportunities and procedures,
9-22 including information about different types of financial aid
9-23 available, eligibility requirements, and procedures for applying
9-24 for financial aid.
9-25 (b) To assist the board in developing information provided
9-26 by the center, the board shall create and appoint an advisory
9-27 committee that consists of experts in financial aid administration,
10-1 public school counselors, and other persons who can provide insight
10-2 into the informational needs of students.
10-3 (c) The board may designate an institution of higher
10-4 education or other entity with appropriate facilities and
10-5 resources to operate or house the center.
10-6 (d) The center shall maintain a toll-free telephone line
10-7 that is staffed by persons knowledgeable about financial aid
10-8 information in this state.
10-9 (e) The center shall, based on the advisory committee's
10-10 recommendations, publish information concerning financial aid
10-11 opportunities in this state and shall:
10-12 (1) furnish a written copy of the information to each
10-13 middle school, junior high school, and high school counselor in
10-14 this state; and
10-15 (2) post the information on an Internet website
10-16 accessible to the public.
10-17 SECTION 5. Section 11.252(a), Education Code, is amended to
10-18 read as follows:
10-19 (a) Each school district shall have a district improvement
10-20 plan that is developed, evaluated, and revised annually, in
10-21 accordance with district policy, by the superintendent with the
10-22 assistance of the district-level committee established under
10-23 Section 11.251. The purpose of the district improvement plan is to
10-24 guide district and campus staff in the improvement of student
10-25 performance for all student groups in order to attain state
10-26 standards in respect to the academic excellence indicators adopted
10-27 under Section 39.051. The district improvement plan must include
11-1 provisions for:
11-2 (1) a comprehensive needs assessment addressing
11-3 district student performance on the academic excellence indicators,
11-4 and other appropriate measures of performance, that are
11-5 disaggregated by all student groups served by the district,
11-6 including categories of ethnicity, socioeconomic status, sex, and
11-7 populations served by special programs;
11-8 (2) measurable district performance objectives for all
11-9 appropriate academic excellence indicators for all student
11-10 populations, appropriate objectives for special needs populations,
11-11 and other measures of student performance that may be identified
11-12 through the comprehensive needs assessment;
11-13 (3) strategies for improvement of student performance
11-14 that include:
11-15 (A) instructional methods for addressing the
11-16 needs of student groups not achieving their full potential;
11-17 (B) methods for addressing the needs of students
11-18 for special programs, such as suicide prevention, conflict
11-19 resolution, violence prevention, or dyslexia treatment programs;
11-20 (C) dropout reduction;
11-21 (D) integration of technology in instructional
11-22 and administrative programs;
11-23 (E) discipline management;
11-24 (F) staff development for professional staff of
11-25 the district;
11-26 (G) career education to assist students in
11-27 developing the knowledge, skills, and competencies necessary for a
12-1 broad range of career opportunities; and
12-2 (H) accelerated education;
12-3 (4) strategies for providing to middle school, junior
12-4 high school, and high school students information about:
12-5 (A) higher education, including admissions and
12-6 financial aid opportunities;
12-7 (B) the Texas Gateway to the Future Grant
12-8 Program; and
12-9 (C) the need for students to make informed
12-10 curriculum choices to be prepared for success beyond high school;
12-11 (5) resources needed to implement identified
12-12 strategies;
12-13 (6) [(5)] staff responsible for ensuring the
12-14 accomplishment of each strategy;
12-15 (7) [(6)] timelines for ongoing monitoring of the
12-16 implementation of each improvement strategy; and
12-17 (8) [(7)] formative evaluation criteria for
12-18 determining periodically whether strategies are resulting in
12-19 intended improvement of student performance.
12-20 SECTION 6. Section 21.451(a), Education Code, is amended to
12-21 read as follows:
12-22 (a) The staff development provided by a school district must
12-23 be conducted in accordance with minimum standards developed by the
12-24 commissioner for program planning, preparation, and improvement.
12-25 The minimum standards must include guidelines for the cooperation
12-26 of principals, counselors, and teachers to provide middle school
12-27 students, junior high school students, high school students, and
13-1 those students' parents with information about higher education.
13-2 The staff development:
13-3 (1) must include technology training and training in
13-4 conflict resolution and discipline strategies; [and]
13-5 (2) may include instruction as to what is permissible
13-6 under law, including opinions of the United States Supreme Court,
13-7 in regard to prayers in public school; and
13-8 (3) must include information on:
13-9 (A) incorporating information about higher
13-10 education admissions and financial aid, including the Texas Gateway
13-11 to the Future Grant Program into the curriculum;
13-12 (B) the importance of students making informed
13-13 curriculum choices to be prepared for success beyond high school;
13-14 and
13-15 (C) sources of information on higher education
13-16 admissions and financial aid.
13-17 SECTION 7. Section 28.002, Education Code, is amended by
13-18 adding Subsection (l) to read as follows:
13-19 (l) A school district may offer courses required for
13-20 completion of the recommended or advanced curriculum by distance
13-21 learning methods. A school district may not offer more than 10
13-22 percent of the courses of the recommended or advanced curriculum
13-23 for a school by distance learning methods.
13-24 SECTION 8. Section 151.423, Tax Code, is amended to read as
13-25 follows:
13-26 Sec. 151.423. REIMBURSEMENT TO TAXPAYER FOR TAX COLLECTIONS.
13-27 A taxpayer may deduct and withhold one-half of one percent of the
14-1 amount of taxes due from the taxpayer on a timely return as
14-2 reimbursement for the cost of collecting the taxes imposed by this
14-3 chapter. The comptroller shall provide a card with each form
14-4 distributed for the collection of taxes under this chapter. The
14-5 card may be inserted by the taxpayer with the tax payment to
14-6 provide for contribution of all or part of the reimbursement
14-7 provided by this section for use as grants [student financial
14-8 assistance grants offered] under Subchapter M, Chapter 56,
14-9 Education Code. If the taxpayer chooses to contribute the
14-10 reimbursement for the grants [student grants], the taxpayer shall
14-11 include the amount of the reimbursement contribution with the tax
14-12 payment. The comptroller shall transfer money contributed under
14-13 this section for grants under Subchapter M, Chapter 56, Education
14-14 Code, [student grants] to the appropriate fund.
14-15 SECTION 9. Sections 54.215 and 54.216, Education Code, are
14-16 repealed.
14-17 SECTION 10. Subchapter F, Chapter 56, Education Code, is
14-18 repealed effective June 1, 1999.
14-19 SECTION 11. Subchapter L, Chapter 61, Education Code, is
14-20 repealed effective June 1, 1999.
14-21 SECTION 12. Any money appropriated to or collected for a
14-22 program abolished under Section 9, 10, or 11 of this Act or that
14-23 exists in any account to support a program abolished under Section
14-24 9, 10, or 11 of this Act, including the Texas New Horizons
14-25 Scholarship Trust Fund, is transferred to the Texas Higher
14-26 Education Coordinating Board for use in the Texas Gateway to the
14-27 Future Grant Program.
15-1 SECTION 13. (a) The Texas Higher Education Coordinating
15-2 Board shall review and study the laws relating to student financial
15-3 aid, grant, and scholarship programs or tuition and fee waivers or
15-4 exemptions. The study shall describe improvements that may be made
15-5 to existing programs to maximize the benefit of the programs to the
15-6 state and its students and shall include recommendations for
15-7 legislative or administrative action that may be taken to
15-8 consolidate, expand, or otherwise modify existing programs or
15-9 create new programs.
15-10 (b) The Texas Higher Education Coordinating Board shall
15-11 report its activities and findings to the governor, the lieutenant
15-12 governor, and the speaker of the house of representatives not later
15-13 than December 1, 2000.
15-14 SECTION 14. A person receiving an exemption from tuition,
15-15 fees, or charges under Section 54.215, Education Code, or a
15-16 scholarship under Section 54.216, Education Code, on the effective
15-17 date of this Act may continue to receive the exemption under
15-18 Section 54.215 or a scholarship under Section 54.216 until the
15-19 person is no longer eligible for the exemption under Section 54.215
15-20 or the scholarship under Section 54.216, as the applicable section
15-21 exists on January 1, 1999. The costs of the exemptions or
15-22 scholarships authorized under this section shall be covered by the
15-23 Texas Gateway to the Future Grant Program.
15-24 SECTION 15. (a) The Texas Higher Education Coordinating
15-25 Board, in conjunction with the commissioner of education, shall
15-26 conduct a study relating to the performance of students at
15-27 institutions of higher education as that performance relates to
16-1 whether a student completed the recommended or advanced high school
16-2 curriculum.
16-3 (b) The board shall include in the study consideration of:
16-4 (1) the number of schools that offered all or part of
16-5 the recommended or advanced high school curriculum;
16-6 (2) the types and number of students who completed the
16-7 recommended or advanced high school curriculum; and
16-8 (3) the effect, if any, of the method that a school
16-9 district uses to present or deliver any portion of the recommended
16-10 or advanced high school curriculum to its students.
16-11 (c) Not later than January 1, 2003, the board shall issue a
16-12 final report describing the findings of the study conducted under
16-13 this section and any recommendations for legislation or
16-14 administrative action to the governor, lieutenant governor, speaker
16-15 of the house, and the presiding officer of each legislative
16-16 committee charged with the oversight of primary and secondary
16-17 education or higher education. The board may issue preliminary
16-18 reports related to the study at any time.
16-19 (d) This section expires January 2, 2003.
16-20 SECTION 16. (a) The Texas Higher Education Coordinating
16-21 Board and the eligible institutions of higher education shall award
16-22 scholarships under the Texas Gateway to the Future Grant Program
16-23 beginning with the 1999 fall semester.
16-24 (b) The Texas Higher Education Coordinating Board shall
16-25 adopt the rules for awarding scholarships under the Texas Gateway
16-26 to the Future Grant Program not later than July 25, 1999.
16-27 SECTION 17. The importance of this legislation and the
17-1 crowded condition of the calendars in both houses create an
17-2 emergency and an imperative public necessity that the
17-3 constitutional rule requiring bills to be read on three several
17-4 days in each house be suspended, and this rule is hereby suspended,
17-5 and that this Act take effect and be in force from and after its
17-6 passage, and it is so enacted.