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