By:  Zaffirini                                        S.R. No. 1172
                                  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. 3470, relating to the creation of a Parents as Scholars pilot
 1-6     program for certain persons eligible to receive Temporary
 1-7     Assistance for Needy Families (TANF) benefits, to consider and take
 1-8     action on the following matters:
 1-9           (1)  Senate Rules 12.03(1), (2), and (4) are suspended to
1-10     permit the committee to omit text that is not in disagreement, to
1-11     change text that is not in disagreement, and to add text on a
1-12     matter that is not included in either the house or senate version
1-13     of the bill, so that added Section 31.045(a), Human Resources Code,
1-14     reads as follows:
1-15           (a)  The department may by rule establish a student financial
1-16     aid pilot program, entitled the Parents as Scholars pilot program,
1-17     under which the department, with the cooperation of the Texas
1-18     Higher Education Coordinating Board, assists certain recipients of
1-19     financial assistance in obtaining student financial aid available
1-20     under Subchapter M, Chapter 56, Education Code.  If the department
1-21     establishes the program, the department and the coordinating board
1-22     must comply with the requirements of this section.
1-23           Explanation:  This change is necessary to reflect the
1-24     modification of the program from one in which a welfare recipient
 2-1     receives student financial aid provided by the Texas Department of
 2-2     Human Services in lieu of financial assistance under the Temporary
 2-3     Assistance for Needy Families (TANF) program to a program in which
 2-4     a welfare recipient is assisted by the department in obtaining
 2-5     student financial aid available to the general population under
 2-6     Subchapter M, Chapter 56, Education Code, as added by H.B. No. 713,
 2-7     Acts of the 76th Legislature, Regular Session, 1999.  The  new text
 2-8     also makes a change by providing that the department is not
 2-9     required to establish the program.
2-10           (2)  Senate Rules 12.03(1), (3), and (4) are suspended to
2-11     permit the committee to  substitute "a program participant meet"
2-12     for "the person satisfy" and to add "at the time that the person
2-13     begins participation in the program"  and "the eligibility
2-14     requirements for a TEXAS grant under Subchapter M, Chapter 56,
2-15     Education Code", so that added Section 31.045(b)(1), Human
2-16     Resources Code, reads as follows:
2-17                 (1)  require that a program participant meet:
2-18                       (A)  the eligibility criteria for financial
2-19     assistance at the time that the person begins participation in the
2-20     program; and
2-21                       (B)  the eligibility requirements for a TEXAS
2-22     grant under Subchapter M, Chapter 56, Education Code;
2-23           Explanation:  This change is necessary to reflect the
2-24     requirement that a welfare recipient must comply with the
2-25     eligibility requirements under Subchapter M, Chapter 56, Education
2-26     Code, to be able to receive student financial aid under that
 3-1     subchapter, and to reflect the fact that a welfare recipient
 3-2     eligible under that subchapter may continue to receive student
 3-3     financial aid after the person ceases receiving welfare.  This
 3-4     change also makes technical language changes to provide consistency
 3-5     throughout the bill.
 3-6           (3)  Senate Rule 12.03(2) is suspended to permit the
 3-7     committee to omit text in added Section 31.045(b), Human Resources
 3-8     Code, that is not in disagreement.  The omitted text reads as
 3-9     follows:
3-10                 (2)  prohibit a person who possesses a bachelor's
3-11     degree from any public or private institution of higher education
3-12     from participating in the program;
3-13           Explanation:  This change is necessary because the omitted
3-14     language is no longer necessary.  The requirement duplicates a
3-15     requirement contained in Subchapter M, Chapter 56, Education Code,
3-16     as added by H.B. No. 713, Acts of the 76th Legislature, Regular
3-17     Session, 1999.
3-18           (4)  Senate Rule 12.03(1) is suspended to permit the
3-19     committee to change text that is not in disagreement by
3-20     substituting "program participant seek an undergraduate degree or
3-21     certificate" for "person seek a postsecondary degree" and by
3-22     substituting "participant's" for subsequent references to
3-23     "person's" in the subsection, so that added Section 31.045(b)(2),
3-24     Human Resources Code, reads as follows:
3-25                 (2)  require that the program participant seek an
3-26     undergraduate degree or certificate that the department, in
 4-1     cooperation with the Texas Higher Education Coordinating Board,
 4-2     considers likely to improve the participant's ability to obtain
 4-3     employment in the participant's local labor market; and
 4-4           Explanation:  This change is necessary to conform the
 4-5     language of the bill to the language of Subchapter M, Chapter 56,
 4-6     Education Code, as added by H.B. No. 713, Acts of the 76th
 4-7     Legislature, Regular Session, 1999.
 4-8           (5)  Senate Rule 12.03(1) is suspended to permit the
 4-9     committee to change text that is not in disagreement by
4-10     substituting "program participants" for "persons" and by
4-11     substituting "undergraduate degree or certificate" for
4-12     "postsecondary degree" in added Section 31.045(b)(3), Human
4-13     Resources Code.
4-14           Explanation:  This change is necessary for the reason stated
4-15     in Item (4) of this resolution.
4-16           (6)  Senate Rule 12.03(4) is suspended to permit the
4-17     committee to add text on a matter that is not included in either
4-18     the house or senate version of the bill.  The added text reads as
4-19     follows:
4-20           (c)  Under the program, the department shall:
4-21                 (1)  advise recipients of financial assistance of:
4-22                       (A)  the availability of financial aid under
4-23     Subchapter M, Chapter 56, Education Code, and the eligibility
4-24     requirements for that aid;
4-25                       (B)  the need for recipients who are high school
4-26     students to make informed curriculum choices to be prepared for
 5-1     success beyond high school;
 5-2                       (C)  sources of information on higher education
 5-3     admissions and financial aid; and
 5-4                       (D)  eligibility criteria and application
 5-5     procedures for participation in the program; and
 5-6                 (2)  assist a recipient chosen to participate in the
 5-7     program in obtaining financial aid available under Subchapter M,
 5-8     Chapter 56, Education Code.
 5-9           (d)  A program participant who obtains financial aid
5-10     available under Subchapter M, Chapter 56, Education Code, may
5-11     continue to receive financial aid as provided by that subchapter,
5-12     regardless of whether the participant ceases to receive financial
5-13     assistance.
5-14           (e)  The department may cooperate with the Legislative
5-15     Oversight Committee under Section 56.311, Education Code, by
5-16     providing information relating to program participants receiving
5-17     financial aid under Subchapter M, Chapter 56, Education Code, that
5-18     is necessary for the committee to perform its duty of monitoring
5-19     the financial aid programs established under that subchapter.
5-20           (f)  The department and the Texas Higher Education
5-21     Coordinating Board shall jointly develop procedures necessary for
5-22     administration of the program, including procedures for:
5-23                 (1)  determining and monitoring a program participant's
5-24     initial and continuing eligibility for financial aid under
5-25     Subchapter M, Chapter 56, Education Code;
5-26                 (2)  providing appropriate information to financial aid
 6-1     officers of institutions of higher education; and
 6-2                 (3)  exchanging all necessary information between the
 6-3     department and the coordinating board, including copies of rules
 6-4     adopted by the coordinating board relating to the administration of
 6-5     the financial aid programs under Subchapter M, Chapter 56,
 6-6     Education Code.
 6-7           . . .
 6-8           (h)  This section takes effect only if H.B. 713, Acts of the
 6-9     76th Legislature, Regular Session, 1999, is enacted and becomes
6-10     law.  If this section takes effect, it expires September 1, 2003.
6-11           Explanation:  This change is necessary to reflect the
6-12     modification of the program, as described in Item (1) of this
6-13     resolution.
6-14           (7)  Senate Rule 12.03(2) is suspended to permit the
6-15     committee to omit text that is not in disagreement.  The omitted
6-16     text reads as follows:
6-17           (e)  The department shall fund the program from state funds
6-18     specifically appropriated for that purpose or from other state
6-19     funds otherwise available to the department for the program.  The
6-20     department may accept gifts and grants from public or private
6-21     sources to be used to fund the program.  The department shall
6-22     establish and administer the program in such a manner that money
6-23     spent under the program is included in determining the state's
6-24     compliance with federal maintenance of effort requirements under
6-25     Part A, Title IV, Social Security Act (42 U.S.C. Section 601 et
6-26     seq.).
 7-1           Explanation:  This change is necessary because the omitted
 7-2     language is no longer necessary.  As a result of the modification
 7-3     of the program, as described in Item (1) of this resolution, the
 7-4     student financial aid will be provided under Subchapter M, Chapter
 7-5     56, Education Code, as added by H.B. No. 713, Acts of the 76th
 7-6     Legislature, Regular Session, 1999, and the reference to federal
 7-7     maintenance of efforts requirements is not appropriate in that
 7-8     context.
 7-9           (8)  Senate Rule 12.03(1) is suspended to permit the
7-10     committee to change text that is not in disagreement in added
7-11     Section 31.045(g), Human Resources Code, by substituting "2001" for
7-12     "2003" and by substituting "financial assistance" for "Temporary
7-13     Assistance for Needy Families (TANF) benefits".
7-14           Explanation:  This change is necessary to provide for an
7-15     earlier date by which the Texas Department of Human Services must
7-16     submit a report concerning the program and to provide for
7-17     consistent use of terminology in the bill.
7-18                                  ______________________________________
7-19                                          President of the Senate
7-20                                       I hereby certify that the above
7-21                                  Resolution was adopted by the Senate
7-22                                  on May 28, 1999, by the following
7-23                                  vote:  Yeas 30, Nays 0.
7-24                                  ______________________________________
7-25                                          Secretary of the Senate