By Ratliff                                            S.B. No. 1841
         76R9482 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the abolition of the Texas Eminent Scholars Program.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter I, Chapter 51, Education Code, is
 1-5     repealed.
 1-6           SECTION 2.  (a)  The eminent scholars fund in the state
 1-7     treasury is abolished.
 1-8           (b)  Any restrictions under state law on the use of eligible
 1-9     gifts or the disbursement of income from an eligible gift,
1-10     including any requirement of the provision of state matching funds
1-11     from the eminent scholars fund, are waived and abolished and any
1-12     requirement of any state action before the eligible gifts may be
1-13     used or income from the gifts may be disbursed are considered
1-14     fulfilled.
1-15           (c)  The abolition of the Eminent Scholars Program does not
1-16     affect an action taken by an institution of higher education
1-17     relating to a gift to the Eminent Scholars Program made before the
1-18     effective date of this Act.
1-19           (d)  An institution of higher education shall examine the
1-20     institution's records and make a good faith effort to notify each
1-21     person who made an eligible gift. In the notice, the institution
1-22     shall describe the abolition of the Eminent Scholars Program and
1-23     provide the name of a person at the institution to contact for more
1-24     information. The person making an eligible gift may request the
 2-1     gift to be returned to the person.
 2-2           (e)  If an eligible gift is not requested to be returned or
 2-3     if a donor, after a good faith effort by the institution, is not
 2-4     able to be notified, the eligible gift vests in the institution.
 2-5           (f)  Eligible gifts not returned under Subsection (e) of this
 2-6     section  may be used for any purpose that is consistent with the
 2-7     original intent of the person making an eligible gift to the Texas
 2-8     Eminent Scholars Program and that carries out the purpose of the
 2-9     gift as nearly as is practicable.  Income from eligible gifts may
2-10     be used for any purpose for which the income may have been used
2-11     under the Texas Eminent Scholars Program.
2-12           (g)  In this section, "eligible gift" means an eligible gift
2-13     as defined by former Subchapter I, Chapter 51, Education Code.
2-14           SECTION 3.  This Act takes effect September 1, 1999.
2-15           SECTION 4.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.