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 Subchapter I, Chapter 51, Education Code, is 1-5 repealed. 1-6 SECTION 2.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.