By: Ellis S.R. No. 1161
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 76th
1-2 Legislature, Regular Session, 1999, That Senate Rule 12.03 be
1-3 suspended in part, as provided by Senate Rule 12.08, to enable the
1-4 conference committee appointed to resolve the differences on H.B.
1-5 No. 713, relating to the establishment and operation of the Toward
1-6 EXcellence, Access, & Success (TEXAS) grant program and the Teach
1-7 for Texas grant program; consolidating and revising financial aid,
1-8 grant, and scholarship programs; and providing for the education,
1-9 certification, and recruitment of teachers and faculty instructors,
1-10 to consider and take action on the following matters:
1-11 (1) Senate Rules 12.03(3) and (4) are suspended to permit
1-12 the committee to add additional text not included in either the
1-13 house or senate version of the bill, in Section 1 of the bill, in
1-14 added Sections 56.304 and 56.305, Education Code, to read as
1-15 follows:
1-16 (Sec. 56.304)
1-17 (h) The coordinating board shall adopt rules to allow a
1-18 person who is otherwise eligible to receive a TEXAS grant, in the
1-19 event of a hardship or for other good cause shown, including a
1-20 showing of a severe illness or other debilitating condition that
1-21 may affect the person's academic performance or that the person is
1-22 responsible for the care of a sick, injured, or needy person and
1-23 that the person's provision of care may affect the person's
1-24 academic performance, to receive a TEXAS grant while enrolled in a
2-1 number of semester credit hours that is less than the number of
2-2 semester credit hours required under Subsection (a)(5). The
2-3 coordinating board may not allow a person to receive a TEXAS grant
2-4 while enrolled in fewer than six semester credit hours.
2-5 (Sec. 56.305)
2-6 (g) The coordinating board shall adopt rules to allow a
2-7 person who is otherwise eligible to receive a TEXAS grant, in the
2-8 event of a hardship or for other good cause shown, including a
2-9 showing of a severe illness or other debilitating condition that
2-10 may affect the person's academic performance or that the person is
2-11 responsible for the care of a sick, injured, or needy person and
2-12 that the person's provision of care may affect the person's
2-13 academic performance, to receive a TEXAS grant while enrolled in a
2-14 number of semester credit hours that is less than the number of
2-15 semester credit hours required under Subsection (a)(3). The
2-16 coordinating board may not allow a person to receive a TEXAS grant
2-17 while enrolled in fewer than six semester credit hours.
2-18 Explanation: This change is needed to allow the Texas Higher
2-19 Education Coordinating Board to adopt rules to allow a student
2-20 receiving a TEXAS grant to register for a reduced number of
2-21 semester credit hours in the event of a hardship or for good cause
2-22 shown.
2-23 (2) Senate Rules 12.03(3) and (4) are suspended to permit
2-24 the committee to add additional text not included in either the
2-25 house or senate version of the bill, in Section 1 of the bill, in
2-26 added Section 56.305, Education Code, to read as follows:
3-1 (f) A person who is eligible to receive a TEXAS grant
3-2 continues to remain eligible to receive the TEXAS grant if the
3-3 person enrolls in or transfers to another eligible institution.
3-4 Explanation: This change is needed to allow a student
3-5 receiving a TEXAS grant to enroll in or transfer to another
3-6 institution other than the institution the student originally
3-7 attended.
3-8 (3) Senate Rules 12.03(3) and (4) are suspended to permit
3-9 the committee to add additional text not included in either the
3-10 house or senate version of the bill, in Section 1 of the bill, in
3-11 added Section 56.307, Education Code, to read as follows:
3-12 (h) The total amount of grants that a student may receive in
3-13 an academic year under this subchapter and under Section 61.221 may
3-14 not exceed the maximum amount authorized under Section 61.227.
3-15 (i) A public institution of higher education may not:
3-16 (1) charge a person attending the institution who also
3-17 receives a TEXAS grant an amount of tuition and required fees in
3-18 excess of the amount of the TEXAS grant received by the person; or
3-19 (2) deny admission to or enrollment in the institution
3-20 based on a person's eligibility to receive a TEXAS grant or a
3-21 person's receipt of a TEXAS grant.
3-22 (j) An institution may use other available sources of
3-23 financial aid, other than a loan or a Pell grant, to cover any
3-24 difference in the amount of a TEXAS grant and the actual amount of
3-25 tuition and required fees at the institution.
3-26 (k) The legislature in an appropriations act shall account
4-1 for tuition and required fees received under this section in a way
4-2 that does not increase the general revenue appropriations to that
4-3 institution.
4-4 Explanation: This change is needed to set a maximum amount
4-5 that certain students may receive under the TEXAS grant program, to
4-6 restrict the amounts of tuition and fees an institution of higher
4-7 education may receive from a TEXAS grant recipient and from other
4-8 sources, to clarify actions an institution may take with regard to
4-9 TEXAS grant recipients, and to specify the effect of the grants on
4-10 general revenue appropriations.
4-11 (4) Senate Rules 12.03(3) and (4) are suspended to permit
4-12 the committee to add additional text not included in either the
4-13 house or senate version of the bill, in Section 1 of the bill, in
4-14 added Subchapter M, Chapter 56, Education Code, to read as follows:
4-15 Sec. 56.311. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
4-16 Legislative Oversight Committee on the TEXAS and Teach for Texas
4-17 grant programs established by this subchapter is composed of six
4-18 members as follows:
4-19 (1) three members of the senate appointed by the
4-20 lieutenant governor; and
4-21 (2) three members of the house of representatives
4-22 appointed by the speaker of the house of representatives.
4-23 (b) The committee shall:
4-24 (1) meet at least twice a year with the coordinating
4-25 board; and
4-26 (2) receive information regarding rules relating to
5-1 the TEXAS and Teach for Texas grant programs established by this
5-2 subchapter that have been adopted by the coordinating board or
5-3 proposed for adoption by the coordinating board.
5-4 (c) The committee may request reports and other information
5-5 from the coordinating board relating to the operation of the TEXAS
5-6 and Teach for Texas grant programs under this subchapter by the
5-7 coordinating board.
5-8 (d) The committee shall review the specific recommendations
5-9 for legislation related to this subchapter that are proposed by the
5-10 coordinating board.
5-11 (e) The committee shall monitor the operation of the TEXAS
5-12 and Teach for Texas grant programs established under this
5-13 subchapter, with emphasis on the manner of the award of grants, the
5-14 number of grants awarded, and the educational progress made by
5-15 persons who have received grants under this subchapter.
5-16 (f) The committee shall file a report with the governor,
5-17 lieutenant governor, and speaker of the house of representatives
5-18 not later than December 31 of each even-numbered year.
5-19 (g) The report shall include identification of any problems
5-20 in the TEXAS and Teach for Texas grant programs operated under this
5-21 subchapter with recommended solutions for the coordinating board
5-22 and for legislative action.
5-23 Explanation: This change is needed to create a legislative
5-24 oversight committee to oversee the TEXAS and Teach for Texas grant
5-25 programs.
5-26 (5) Senate Rules 12.03(3) and (4) are suspended to permit
6-1 the committee to add additional text not included in either the
6-2 house or senate version of the bill, to read as follows:
6-3 SECTION 11. Sections 54.215 and . . . , Education Code, are
6-4 repealed.
6-5 SECTION 15. A person receiving a scholarship or other
6-6 financial assistance under Section 54.215 or 54.216, Education
6-7 Code, or Subchapter G, Chapter 56, Education Code, on the effective
6-8 date of this Act may continue to receive a scholarship or other
6-9 financial assistance under Section 54.215 or 54.216 or under
6-10 Subchapter G, Chapter 56, Education Code, as applicable to the
6-11 person on the effective date, until the person is no longer
6-12 eligible for the scholarship or other assistance under Section
6-13 54.215 or 54.216, Education Code, or Subchapter G, Chapter 56,
6-14 Education Code, as the applicable section or subchapter exists on
6-15 January 1, 1999. The costs of the scholarships or other financial
6-16 assistance authorized under this section shall be covered by the
6-17 TEXAS grant program established by Subchapter M, Chapter 56,
6-18 Education Code, as added by this Act.
6-19 Explanation: This change is needed to abolish the student
6-20 financial assistance program for certain National Guard/ROTC
6-21 students and to allow current National Guard/ROTC students to
6-22 continue to receive assistance.
6-23 (6) Senate Rules 12.03(3) and (4) are suspended to permit
6-24 the committee to add additional text not included in either the
6-25 house or senate version of the bill, to read as follows:
6-26 SECTION 17. (a) The Texas Higher Education Coordinating
7-1 Board shall review and study the effect of the TEXAS grant program
7-2 and the Teach for Texas grant program established by Subchapter M,
7-3 Chapter 56, Education Code, as added by this Act, on enrollments at
7-4 institutions of higher education. The study shall determine
7-5 whether there have been shifts in enrollments between universities
7-6 and community colleges and whether those shifts were caused by the
7-7 different grant amounts awarded to students at each institution.
7-8 The report shall make recommendations for legislative changes to
7-9 the methodology for calculating the amount of the grant awards, if
7-10 needed.
7-11 (b) The Texas Higher Education Coordinating Board shall
7-12 report its findings to the governor, the lieutenant governor, the
7-13 speaker of the house of representatives, the presiding officer of
7-14 each legislative committee with oversight responsibilities for
7-15 higher education institutions, and the legislative oversight
7-16 committee established under Subchapter M, Chapter 56, Education
7-17 Code, as added by this Act, not later than December 1, 2000.
7-18 Explanation: This change is needed to allow the Texas Higher
7-19 Education Coordinating Board to study and review the effects of the
7-20 TEXAS grant program and the Teach for Texas grant program on
7-21 enrollments at institutions of higher education.
7-22 (7) Senate Rules 12.03(3) and (4) are suspended to permit
7-23 the committee to add additional text not included in either the
7-24 house or senate version of the bill, to read as follows:
7-25 SECTION 11. (a) This section may be cited as the Steven
7-26 Gonzales-Prisoner of War Higher Education Act.
8-1 (b) Subchapter D, Chapter 54, Education Code, is amended by
8-2 adding Section 54.219 to read as follows:
8-3 Sec. 54.219. PRISONERS OF WAR. (a) In this section,
8-4 "tuition and required fees" includes tuition, service fees, lab
8-5 fees, building use fees, and all other required fees except room,
8-6 board, or clothing fees or deposits in the nature of security for
8-7 the return or proper care of property.
8-8 (b) For each semester or summer session and for a total
8-9 number of semester credit hours not to exceed 120, the governing
8-10 body of each institution of higher education shall exempt from the
8-11 payment of tuition and required fees any person who:
8-12 (1) is a resident of Texas and was a resident of Texas
8-13 at the time of the person's original entry into the United States
8-14 armed forces;
8-15 (2) was first classified as a prisoner of war by the
8-16 United States Department of Defense on or after January 1, 1999;
8-17 and
8-18 (3) is enrolled for at least 12 semester credit hours.
8-19 (c) For each semester or session in which a person receives
8-20 an exemption from tuition and required fees under Subsection (b),
8-21 the governing body of the institution the person attends shall
8-22 exempt the person from the payment of fees and charges for lodging
8-23 and board if the person resides on the campus of the institution.
8-24 If the person does not reside on the campus of the institution, the
8-25 institution shall provide to the person a reasonable stipend to
8-26 cover the costs of the person's lodging and board.
9-1 (d) For each semester or session in which a person receives
9-2 an exemption from tuition and required fees under Subsection (b),
9-3 the governing body of the institution the person attends shall
9-4 award to the person a scholarship to cover the costs of books and
9-5 similar educational materials required for course work at the
9-6 institution.
9-7 (e) An institution may use any available revenue, including
9-8 legislative appropriations, and shall solicit and accept gifts,
9-9 grants, and donations for the purposes of this section. The
9-10 institution shall use gifts, grants, and donations received for the
9-11 purposes of this section before using any other revenue.
9-12 (c) This section applies beginning with the 1999 fall
9-13 semester.
9-14 Explanation: This change is necessary to require
9-15 institutions of higher education to provide tuition and fee
9-16 exemptions and other financial assistance to certain prisoners of
9-17 war residing in Texas.
9-18 ______________________________________
9-19 President of the Senate
9-20 I hereby certify that the above
9-21 Resolution was adopted by the Senate
9-22 on May 28, 1999, by the following vote:
9-23 Yeas 30, Nays 0.
9-24 ______________________________________
9-25 Secretary of the Senate