By Cuellar H.R. No. 1258
76R17911 CAG-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 76th Legislature, Regular Session, 1999, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 713, relating to the
1-6 establishment and operation of the Toward EXcellence, Access, &
1-7 Success (TEXAS) grant program and the Teach for Texas Grant
1-8 Program; consolidating and revising financial aid, grant, and
1-9 scholarship programs; and providing for the education,
1-10 certification, and recruitment of teachers and faculty instructors,
1-11 to consider and take action on the following matters:
1-12 (1) House Rule 13, Sections 9(a)(3) and (4), are suspended
1-13 to permit the committee to add additional text not included in
1-14 either the house or senate version of the bill, in Section 1 of the
1-15 bill, in added Sections 56.304 and 56.305, Education Code, to read
1-16 as follows:
1-17 (Sec. 56.304)
1-18 (h) The coordinating board shall adopt rules to allow a
1-19 person who is otherwise eligible to receive a TEXAS grant, in the
1-20 event of a hardship or for other good cause shown, including a
1-21 showing of a severe illness or other debilitating condition that
1-22 may affect the person's academic performance or that the person is
1-23 responsible for the care of a sick, injured, or needy person and
1-24 that the person's provision of care may affect the person's
2-1 academic performance, to receive a TEXAS grant while enrolled in a
2-2 number of semester credit hours that is less than the number of
2-3 semester credit hours required under Subsection (a)(5). The
2-4 coordinating board may not allow a person to receive a TEXAS grant
2-5 while enrolled in fewer than six semester credit hours.
2-6 (Sec. 56.305)
2-7 (g) The coordinating board shall adopt rules to allow a
2-8 person who is otherwise eligible to receive a TEXAS grant, in the
2-9 event of a hardship or for other good cause shown, including a
2-10 showing of a severe illness or other debilitating condition that
2-11 may affect the person's academic performance or that the person is
2-12 responsible for the care of a sick, injured, or needy person and
2-13 that the person's provision of care may affect the person's
2-14 academic performance, to receive a TEXAS grant while enrolled in a
2-15 number of semester credit hours that is less than the number of
2-16 semester credit hours required under Subsection (a)(3). The
2-17 coordinating board may not allow a person to receive a TEXAS grant
2-18 while enrolled in fewer than six semester credit hours.
2-19 Explanation: This change is needed to allow the Texas Higher
2-20 Education Coordinating Board to adopt rules to allow a student
2-21 receiving a TEXAS grant to register for a reduced number of
2-22 semester credit hours in the event of a hardship or for good cause
2-23 shown.
2-24 (2) House Rule 13, Sections 9(a)(3) and (4), are suspended
2-25 to permit the committee to add additional text not included in
2-26 either the house or senate version of the bill, in Section 1 of the
2-27 bill, in added Section 56.305, Education Code, to read as follows:
3-1 (f) A person who is eligible to receive a TEXAS grant
3-2 continues to remain eligible to receive the TEXAS grant if the
3-3 person enrolls in or transfers to another eligible institution.
3-4 Explanation: This change is needed to allow a student
3-5 receiving a TEXAS grant to enroll in or transfer to another
3-6 institution other than the institution the student originally
3-7 attended.
3-8 (3) House Rule 13, Sections 9(a)(3) and (4), are suspended
3-9 to permit the committee to add additional text not included in
3-10 either the house or senate version of the bill, in Section 1 of the
3-11 bill, in added Section 56.307, Education Code, to read as follows:
3-12 (h) The total amount of grants that a student may receive in
3-13 an academic year under this subchapter and under Section 61.221 may
3-14 not exceed the maximum amount authorized under Section 61.227.
3-15 (i) A public institution of higher education may not:
3-16 (1) charge a person attending the institution who also
3-17 receives a TEXAS grant an amount of tuition and required fees in
3-18 excess of the amount of the TEXAS grant received by the person; or
3-19 (2) deny admission to or enrollment in the institution
3-20 based on a person's eligibility to receive a TEXAS grant or a
3-21 person's receipt of a TEXAS grant.
3-22 (j) An institution may use other available sources of
3-23 financial aid, other than a loan or a Pell grant, to cover any
3-24 difference in the amount of a TEXAS grant and the actual amount of
3-25 tuition and required fees at the institution.
3-26 (k) The legislature in an appropriations act shall account
3-27 for tuition and required fees received under this section in a way
4-1 that does not increase the general revenue appropriations to that
4-2 institution.
4-3 Explanation: This change is needed to set a maximum amount
4-4 that certain students may receive under the TEXAS grant program, to
4-5 restrict the amounts of tuition and fees an institution of higher
4-6 education may receive from a TEXAS grant recipient, and from other
4-7 sources, to clarify actions an institution may take with regard to
4-8 TEXAS grant recipients, and to specify the effect of the grants on
4-9 general revenue appropriations.
4-10 (4) House Rule 13, Sections 9(a)(3) and (4), are suspended
4-11 to permit the committee to add additional text not included in
4-12 either the house or senate version of the bill, in Section 1 of the
4-13 bill, in added Subchapter M, Chapter 56, Education Code, to read as
4-14 follows:
4-15 Sec. 56.311. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
4-16 Legislative Oversight Committee on the TEXAS and Teach for Texas
4-17 grant programs established by this subchapter is composed of six
4-18 members as follows:
4-19 (1) three members of the senate appointed by the
4-20 lieutenant governor; and
4-21 (2) three members of the house of representatives
4-22 appointed by the speaker of the house of representatives.
4-23 (b) The committee shall:
4-24 (1) meet at least twice a year with the coordinating
4-25 board; and
4-26 (2) receive information regarding rules relating to
4-27 the TEXAS and Teach for Texas grant programs established by this
5-1 subchapter that have been adopted by the coordinating board or
5-2 proposed for adoption by the coordinating board.
5-3 (c) The committee may request reports and other information
5-4 from the coordinating board relating to the operation of the TEXAS
5-5 and Teach for Texas grant programs under this subchapter by the
5-6 coordinating board.
5-7 (d) The committee shall review the specific recommendations
5-8 for legislation related to this subchapter that are proposed by the
5-9 coordinating board.
5-10 (e) The committee shall monitor the operation of the TEXAS
5-11 and Teach for Texas grant programs established under this
5-12 subchapter, with emphasis on the manner of the award of grants, the
5-13 number of grants awarded, and the educational progress made by
5-14 persons who have received grants under this subchapter.
5-15 (f) The committee shall file a report with the governor,
5-16 lieutenant governor, and speaker of the house of representatives
5-17 not later than December 31 of each even-numbered year.
5-18 (g) The report shall include identification of any problems
5-19 in the TEXAS and Teach for Texas grant programs operated under this
5-20 subchapter with recommended solutions for the coordinating board
5-21 and for legislative action.
5-22 Explanation: This change is needed to create a legislative
5-23 oversight committee to oversee the TEXAS and Teach for Texas grant
5-24 programs.
5-25 (5) House Rule 13, Sections 9(a)(3) and (4), are suspended
5-26 to permit the committee to add additional text not included in
5-27 either the house or senate version of the bill, to read as follows:
6-1 SECTION 11. Sections 54.215 and . . . , Education Code, are
6-2 repealed.
6-3 SECTION 15. A person receiving a scholarship or other
6-4 financial assistance under Section 54.215 or 54.216, Education
6-5 Code, or Subchapter G, Chapter 56, Education Code, on the effective
6-6 date of this Act may continue to receive a scholarship or other
6-7 financial assistance under Section 54.215 or 54.216 or under
6-8 Subchapter G, Chapter 56, Education Code, as applicable to the
6-9 person on the effective date, until the person is no longer
6-10 eligible for the scholarship or other assistance under Section
6-11 54.215 or 54.216, Education Code, or Subchapter G, Chapter 56,
6-12 Education Code, as the applicable section or subchapter exists on
6-13 January 1, 1999. The costs of the scholarships or other financial
6-14 assistance authorized under this section shall be covered by the
6-15 TEXAS grant program established by Subchapter M, Chapter 56,
6-16 Education Code, as added by this Act.
6-17 Explanation: This change is needed to abolish the student
6-18 financial assistance program for certain National Guard/ROTC
6-19 students and to allow existing National Guard/ROTC students to
6-20 continue to receive assistance.
6-21 (6) House Rule 13, Sections 9(a)(3) and (4), are suspended
6-22 to permit the committee to add additional text not included in
6-23 either the house or senate version of the bill, to read as follows:
6-24 SECTION 17. (a) The Texas Higher Education Coordinating
6-25 Board shall review and study the effect of the TEXAS grant program
6-26 and the Teach for Texas grant program established by Subchapter M,
6-27 Chapter 56, Education Code, as added by this Act, on enrollments at
7-1 institutions of higher education. The study shall determine
7-2 whether there have been shifts in enrollments between universities
7-3 and community colleges and whether those shifts were caused by the
7-4 different grant amounts awarded to students at each institution.
7-5 The report shall make recommendations for legislative changes to
7-6 the methodology for calculating the amount of the grant awards, if
7-7 needed.
7-8 (b) The Texas Higher Education Coordinating Board shall
7-9 report its findings to the governor, the lieutenant governor, the
7-10 speaker of the house of representatives, the presiding officer of
7-11 each legislative committee with oversight responsibilities for
7-12 higher education institutions, and the legislative oversight
7-13 committee established under Subchapter M, Chapter 56, Education
7-14 Code, as added by this Act, not later than December 1, 2000.
7-15 Explanation: This change is needed to allow the Texas Higher
7-16 Education Coordinating Board to study and review the effects of the
7-17 TEXAS grant program and the Teach for Texas grant program on
7-18 enrollments at institutions of higher education.
7-19 (7) House Rule 13, Sections 9(a)(3) and (4), are suspended
7-20 to permit the committee to add additional text not included in
7-21 either the house or senate version of the bill, to read as follows:
7-22 SECTION 11. (a) This Act may be cited as the Steven
7-23 Gonzales-Prisoner of War Higher Education Act.
7-24 (b) Subchapter D, Chapter 54, Education Code, is amended by
7-25 adding Section 54.219 to read as follows:
7-26 Sec. 54.219. PRISONERS OF WAR. (a) In this section,
7-27 "tuition and required fees" includes tuition, service fees, lab
8-1 fees, building use fees, and all other required fees except room,
8-2 board, or clothing fees or deposits in the nature of security for
8-3 the return or proper care of property.
8-4 (b) For each semester or summer session and for a total
8-5 number of semester credit hours not to exceed 120, the governing
8-6 body of each institution of higher education shall exempt from the
8-7 payment of tuition and required fees any person who:
8-8 (1) is a resident of Texas and was a resident of Texas
8-9 at the time of the person's original entry into the United States
8-10 armed forces;
8-11 (2) was first classified as a prisoner of war by the
8-12 United States Department of Defense on or after January 1, 1999;
8-13 and
8-14 (3) is enrolled for at least 12 semester credit hours.
8-15 (c) For each semester or session in which a person receives
8-16 an exemption from tuition and required fees under Subsection (b),
8-17 the governing body of the institution the person attends shall
8-18 exempt the person from the payment of fees and charges for lodging
8-19 and board if the person resides on the campus of the institution.
8-20 If the person does not reside on the campus of the institution, the
8-21 institution shall provide to the person a reasonable stipend to
8-22 cover the costs of the person's lodging and board.
8-23 (d) For each semester or session in which a person receives
8-24 an exemption from tuition and required fees under Subsection (b),
8-25 the governing body of the institution the person attends shall
8-26 award to the person a scholarship to cover the costs of books and
8-27 similar educational materials required for course work at the
9-1 institution.
9-2 (e) An institution may use any available revenue, including
9-3 legislative appropriations, and shall solicit and accept gifts,
9-4 grants, and donations for the purposes of this section. The
9-5 institution shall use gifts, grants, and donations received for the
9-6 purposes of this section before using any other revenue.
9-7 (c) This section applies beginning with the 1999 fall
9-8 semester.
9-9 Explanation: This change is necessary to require
9-10 institutions of higher education to provide tuition and fee
9-11 exemptions and other financial assistance to certain prisoners of
9-12 war residing in Texas.