By: Ratliff S.B. No. 1841 A BILL TO BE ENTITLED AN ACT 1-1 relating to the abolition of the Texas eminent scholars program. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subchapter I, Chapter 51, Education Code, is 1-4 repealed. 1-5 SECTION 2. (a) The eminent scholars fund in the state 1-6 treasury is abolished. 1-7 (b) Any restrictions under state law on the use of eligible 1-8 gifts or the disbursement of income from an eligible gift, 1-9 including any requirement of the provision of state matching funds 1-10 from the eminent scholars fund, are waived and abolished and any 1-11 requirement of any state action before the eligible gifts may be 1-12 used or income from the gifts may be disbursed are considered 1-13 fulfilled. 1-14 (c) The abolition of the Texas eminent scholars program does 1-15 not affect an action taken by an institution of higher education 1-16 relating to a gift to the Texas eminent scholars program made 1-17 before the effective date of this Act. 1-18 (d) An institution of higher education shall examine the 1-19 institution's records and make a good faith effort to notify each 1-20 person who made an eligible gift. In the notice, the institution 1-21 shall describe the abolition of the Texas eminent scholars program 1-22 and provide the name of a person at the institution to contact for 1-23 more information. The person making an eligible gift may request 1-24 the gift to be returned to the person. 2-1 (e) If an eligible gift is not requested to be returned or 2-2 if a donor, after a good faith effort by the institution, is not 2-3 able to be notified, the eligible gift vests in the institution. 2-4 (f) Eligible gifts not returned under Subsection (e) of this 2-5 section may be used for any purpose that is consistent with the 2-6 original intent of the person making an eligible gift to the Texas 2-7 eminent scholars program and that carries out the purpose of the 2-8 gift as nearly as is practicable. Income from eligible gifts may 2-9 be used for any purpose for which the income may have been used 2-10 under the Texas eminent scholars program. 2-11 (g) In this section, "eligible gift" means a gift made to an 2-12 institution of higher education under a written agreement that made 2-13 the gift conditional upon state matching funds being provided under 2-14 the Texas eminent scholars program. 2-15 SECTION 3. This Act takes effect September 1, 1999. 2-16 SECTION 4. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.