By Olivo                                              H.R. No. 1265
         76R17871 KKA-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.  3470, relating to the
 1-6     creation of a Parents as Scholars pilot program for certain persons
 1-7     eligible to receive TANF benefits, to consider and take action on
 1-8     the following matters:
 1-9           (1)  House Rule 13, Sections 9(a)(1), (2), and (4), are
1-10     suspended to permit the committee to omit text that is not in
1-11     disagreement, to change text that is not in disagreement, and to
1-12     add text on a matter that is not included in either the house or
1-13     senate version of the bill, so that added Section 31.045(a), Human
1-14     Resources Code, reads as follows:
1-15           (a)  The department may by rule establish a student financial
1-16     aid pilot program, entitled the Parents as Scholars pilot program,
1-17     under which the department, with the cooperation of the Texas
1-18     Higher Education Coordinating Board, assists certain recipients of
1-19     financial assistance in obtaining student financial aid available
1-20     under Subchapter M, Chapter 56, Education Code.  If the department
1-21     establishes the program, the department and the coordinating board
1-22     must comply with the requirements of this section.
1-23           Explanation:  This change is necessary to reflect the
1-24     modification of the program from one in which a welfare recipient
 2-1     receives student financial aid provided by the Texas Department of
 2-2     Human Services in lieu of financial assistance under the Temporary
 2-3     Assistance for Needy Families (TANF) program to a program in which
 2-4     a welfare recipient is assisted by the department in obtaining
 2-5     student financial aid available to the general population under
 2-6     Subchapter M, Chapter 56, Education Code, as added by H.B. No. 713,
 2-7     Acts of the 76th Legislature, Regular Session, 1999.  The  new text
 2-8     also makes a change by providing that the department is not
 2-9     required to establish the program.
2-10           (2)  House Rule 13, Sections 9(a)(1), (3), and (4), are
2-11     suspended to permit the committee to  substitute "a program
2-12     participant meet" for "the person satisfy" and to add "at the time
2-13     that the person begins participation in the program"  and "the
2-14     eligibility requirements for a TEXAS grant under Subchapter M,
2-15     Chapter 56, Education Code", so that added Section 31.045(b)(1),
2-16     Human Resources Code, reads as follows:
2-17                 (1)  require that a program participant meet:
2-18                       (A)  the eligibility criteria for financial
2-19     assistance at the time that the person begins participation in the
2-20     program; and
2-21                       (B)  the eligibility requirements for a TEXAS
2-22     grant under Subchapter M, Chapter 56, Education Code;
2-23           Explanation:  This change is necessary to reflect the
2-24     requirement that a welfare recipient must comply with the
2-25     eligibility requirements under Subchapter M, Chapter 56, Education
2-26     Code, to be able to receive student financial aid under that
2-27     subchapter, and to reflect the fact that a welfare recipient
 3-1     eligible under that subchapter may continue to receive student
 3-2     financial aid after the person ceases receiving welfare.  This
 3-3     change also makes technical language changes to provide consistency
 3-4     throughout the bill.
 3-5           (3)  House Rule 13, Section 9(a)(2), is suspended to permit
 3-6     the committee to omit text in added Section 31.045(b), Human
 3-7     Resources Code, that is not in disagreement.  The omitted text
 3-8     reads as follows:
 3-9                 (2)  prohibit a person who possesses a bachelor's
3-10     degree from any public or private institution of higher education
3-11     from participating in the program;
3-12           Explanation:  This change is necessary because the omitted
3-13     language is no longer necessary.  The requirement duplicates a
3-14     requirement contained in Subchapter M, Chapter 56, Education Code,
3-15     as added by H.B. No. 713, Acts of the 76th Legislature, Regular
3-16     Session, 1999.
3-17           (4)  House Rule 13, Section 9(a)(1), is suspended to permit
3-18     the committee to change text that is not in disagreement by
3-19     substituting "program participant seek an undergraduate degree or
3-20     certificate" for "person seek a postsecondary degree" and by
3-21     substituting "participant's" for subsequent references to
3-22     "person's" in the subsection, so that added Section 31.045(b)(2),
3-23     Human Resources Code, reads as follows:
3-24                 (2)  require that the program participant seek an
3-25     undergraduate degree or certificate that the department, in
3-26     cooperation with the Texas Higher Education Coordinating Board,
3-27     considers likely to improve the participant's ability to obtain
 4-1     employment in the participant's local labor market; and
 4-2           Explanation:  This change is necessary to conform the
 4-3     language of the bill to the language of Subchapter M, Chapter 56,
 4-4     Education Code, as added by H.B. No. 713, Acts of the 76th
 4-5     Legislature, Regular Session, 1999.
 4-6           (5)  House Rule 13, Section 9(a)(1), is suspended to permit
 4-7     the committee to change text that is not in disagreement by
 4-8     substituting "program participants" for "persons" and by
 4-9     substituting "undergraduate degree or certificate" for
4-10     "postsecondary degree" in added Section 31.045(b)(3), Human
4-11     Resources Code.
4-12           Explanation:  This change is necessary for the reason stated
4-13     in Item (4) of this resolution.
4-14           (6)  House Rule 13, Section 9(a)(4), is suspended to permit
4-15     the committee to add text on a matter that is not included in
4-16     either the house or senate version of the bill.  The added text
4-17     reads as follows:
4-18           (c)  Under the program, the department shall:
4-19                 (1)  advise recipients of financial assistance of:
4-20                       (A)  the availability of financial aid under
4-21     Subchapter M, Chapter 56, Education Code, and the eligibility
4-22     requirements for that aid;
4-23                       (B)  the need for recipients who are high school
4-24     students to make informed curriculum choices to be prepared for
4-25     success beyond high school;
4-26                       (C)  sources of information on higher education
4-27     admissions and financial aid; and
 5-1                       (D)  eligibility criteria and application
 5-2     procedures for participation in the program; and
 5-3                 (2)  assist a recipient chosen to participate in the
 5-4     program in obtaining financial aid available under Subchapter M,
 5-5     Chapter 56, Education Code.
 5-6           (d)  A program participant who obtains financial aid
 5-7     available under Subchapter M, Chapter 56, Education Code, may
 5-8     continue to receive financial aid as provided by that subchapter,
 5-9     regardless of whether the participant ceases to receive financial
5-10     assistance.
5-11           (e)  The department may cooperate with the Legislative
5-12     Oversight Committee under Section 56.311, Education Code, by
5-13     providing information relating to program participants receiving
5-14     financial aid under Subchapter M, Chapter 56, Education Code, that
5-15     is necessary for the committee to perform its duty of monitoring
5-16     the financial aid programs established  under that subchapter.
5-17           (f)  The department and the Texas Higher Education
5-18     Coordinating Board shall jointly develop procedures necessary for
5-19     administration of the program, including procedures for:
5-20                 (1)  determining and monitoring a program participant's
5-21     initial and continuing eligibility for financial aid under
5-22     Subchapter M, Chapter 56, Education Code;
5-23                 (2)  providing appropriate information to financial aid
5-24     officers of institutions of higher education; and
5-25                 (3)  exchanging all necessary information between the
5-26     department and the coordinating board, including copies of rules
5-27     adopted by the coordinating board relating to the administration of
 6-1     the financial aid programs under Subchapter M, Chapter 56,
 6-2     Education Code.
 6-3           . . .
 6-4           (h)  This section takes effect only if H.B. 713, Acts of the
 6-5     76th Legislature, Regular Session, 1999, is enacted and becomes
 6-6     law.  If this section takes effect, it expires September 1, 2003.
 6-7           Explanation:  This change is necessary to reflect the
 6-8     modification of the program, as described in Item (1) of this
 6-9     resolution.
6-10           (7)  House Rule 13, Section 9(a)(2), is suspended to permit
6-11     the committee to omit text that is not in disagreement.  The
6-12     omitted text reads as follows:
6-13           (e)  The department shall fund the program from state funds
6-14     specifically appropriated for that purpose or from other state
6-15     funds otherwise available to the department for the program.  The
6-16     department may accept gifts and grants from public or private
6-17     sources to be used to fund the program.  The department shall
6-18     establish and administer the program in such a manner that money
6-19     spent under the program is included in determining the state's
6-20     compliance with federal maintenance of effort requirements under
6-21     Part A, Title IV, Social Security Act (42 U.S.C. Section 601 et
6-22     seq.).
6-23           Explanation:  This change is necessary because the omitted
6-24     language is no longer necessary.  As a result of the modification
6-25     of the program, as described in Item (1) of this resolution, the
6-26     student financial aid will be provided under Subchapter M, Chapter
6-27     56, Education Code, as added by H.B. 713, Acts of the 76th
 7-1     Legislature, Regular Session, 1999, and the reference to federal
 7-2     maintenance of efforts requirements is not appropriate in that
 7-3     context.
 7-4           (8)  House Rule 13, Section 9(a)(1), is suspended to permit
 7-5     the committee to change text that is not in disagreement in added
 7-6     Section 31.045(g), Human Resources Code, by substituting "2001" for
 7-7     "2003" and by substituting "financial assistance" for "Temporary
 7-8     Assistance for Needy Families (TANF) benefits".
 7-9           Explanation:  This change is necessary to provide for an
7-10     earlier date by which the Texas Department of Human Services must
7-11     submit a report concerning the program and to provide for
7-12     consistent use of terminology in the bill.