1-1 By: Ratliff S.B. No. 1841 1-2 (In the Senate - Filed March 26, 1999; March 29, 1999, read 1-3 first time and referred to Committee on Finance; April 22, 1999, 1-4 reported adversely, with favorable Committee Substitute by the 1-5 following vote: Yeas 11, Nays 0; April 22, 1999, sent to printer.) 1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1841 By: Ratliff 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the abolition of the Texas eminent scholars program. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter I, Chapter 51, Education Code, is 1-12 repealed. 1-13 SECTION 2. (a) The eminent scholars fund in the state 1-14 treasury is abolished. 1-15 (b) Any restrictions under state law on the use of eligible 1-16 gifts or the disbursement of income from an eligible gift, 1-17 including any requirement of the provision of state matching funds 1-18 from the eminent scholars fund, are waived and abolished and any 1-19 requirement of any state action before the eligible gifts may be 1-20 used or income from the gifts may be disbursed are considered 1-21 fulfilled. 1-22 (c) The abolition of the Texas eminent scholars program does 1-23 not affect an action taken by an institution of higher education 1-24 relating to a gift to the Texas eminent scholars program made 1-25 before the effective date of this Act. 1-26 (d) An institution of higher education shall examine the 1-27 institution's records and make a good faith effort to notify each 1-28 person who made an eligible gift. In the notice, the institution 1-29 shall describe the abolition of the Texas eminent scholars program 1-30 and provide the name of a person at the institution to contact for 1-31 more information. The person making an eligible gift may request 1-32 the gift to be returned to the person. 1-33 (e) If an eligible gift is not requested to be returned or 1-34 if a donor, after a good faith effort by the institution, is not 1-35 able to be notified, the eligible gift vests in the institution. 1-36 (f) Eligible gifts not returned under Subsection (e) of this 1-37 section may be used for any purpose that is consistent with the 1-38 original intent of the person making an eligible gift to the Texas 1-39 eminent scholars program and that carries out the purpose of the 1-40 gift as nearly as is practicable. Income from eligible gifts may 1-41 be used for any purpose for which the income may have been used 1-42 under the Texas eminent scholars program. 1-43 (g) In this section, "eligible gift" means a gift made to an 1-44 institution of higher education under a written agreement that made 1-45 the gift conditional upon state matching funds being provided under 1-46 the Texas eminent scholars program. 1-47 SECTION 3. This Act takes effect September 1, 1999. 1-48 SECTION 4. The importance of this legislation and the 1-49 crowded condition of the calendars in both houses create an 1-50 emergency and an imperative public necessity that the 1-51 constitutional rule requiring bills to be read on three several 1-52 days in each house be suspended, and this rule is hereby suspended. 1-53 * * * * *