By Zaffirini S.R. No. 1172
76R17872 KKA-D
R E S O L U T I O N
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 House
1-5 Bill No. 3470, relating to the creation of a Parents as Scholars
1-6 pilot program for certain persons eligible to receive TANF
1-7 benefits, to consider and take action on the following matters:
1-8 (1) Senate Rules 12.03(1), (2), and (4) are suspended to
1-9 permit the committee to omit text that is not in disagreement, to
1-10 change text that is not in disagreement, and to add text on a
1-11 matter that is not included in either the house or senate version
1-12 of the bill, so that added Section 31.045(a), Human Resources Code,
1-13 reads as follows:
1-14 (a) The department may by rule establish a student financial
1-15 aid pilot program, entitled the Parents as Scholars pilot program,
1-16 under which the department, with the cooperation of the Texas
1-17 Higher Education Coordinating Board, assists certain recipients of
1-18 financial assistance in obtaining student financial aid available
1-19 under Subchapter M, Chapter 56, Education Code. If the department
1-20 establishes the program, the department and the coordinating board
1-21 must comply with the requirements of this section.
1-22 Explanation: This change is necessary to reflect the
1-23 modification of the program from one in which a welfare recipient
1-24 receives student financial aid provided by the Texas Department of
2-1 Human Services in lieu of financial assistance under the Temporary
2-2 Assistance for Needy Families (TANF) program to a program in which
2-3 a welfare recipient is assisted by the department in obtaining
2-4 student financial aid available to the general population under
2-5 Subchapter M, Chapter 56, Education Code, as added by H.B. No. 713,
2-6 Acts of the 76th Legislature, Regular Session, 1999. The new text
2-7 also makes a change by providing that the department is not
2-8 required to establish the program.
2-9 (2) Senate Rules 12.03(1), (3), and (4) are suspended to
2-10 permit the committee to substitute "a program participant meet"
2-11 for "the person satisfy" and to add "at the time that the person
2-12 begins participation in the program" and "the eligibility
2-13 requirements for a TEXAS grant under Subchapter M, Chapter 56,
2-14 Education Code", so that added Section 31.045(b)(1), Human
2-15 Resources Code, reads as follows:
2-16 (1) require that a program participant meet:
2-17 (A) the eligibility criteria for financial
2-18 assistance at the time that the person begins participation in the
2-19 program; and
2-20 (B) the eligibility requirements for a TEXAS
2-21 grant under Subchapter M, Chapter 56, Education Code;
2-22 Explanation: This change is necessary to reflect the
2-23 requirement that a welfare recipient must comply with the
2-24 eligibility requirements under Subchapter M, Chapter 56, Education
2-25 Code, to be able to receive student financial aid under that
2-26 subchapter, and to reflect the fact that a welfare recipient
2-27 eligible under that subchapter may continue to receive student
3-1 financial aid after the person ceases receiving welfare. This
3-2 change also makes technical language changes to provide consistency
3-3 throughout the bill.
3-4 (3) Senate Rule 12.03(2) is suspended to permit the
3-5 committee to omit text in added Section 31.045(b), Human Resources
3-6 Code, that is not in disagreement. The omitted text reads as
3-7 follows:
3-8 (2) prohibit a person who possesses a bachelor's
3-9 degree from any public or private institution of higher education
3-10 from participating in the program;
3-11 Explanation: This change is necessary because the omitted
3-12 language is no longer necessary. The requirement duplicates a
3-13 requirement contained in Subchapter M, Chapter 56, Education Code,
3-14 as added by H.B. No. 713, Acts of the 76th Legislature, Regular
3-15 Session, 1999.
3-16 (4) Senate Rule 12.03(1) is suspended to permit the
3-17 committee to change text that is not in disagreement by
3-18 substituting "program participant seek an undergraduate degree or
3-19 certificate" for "person seek a postsecondary degree" and by
3-20 substituting "participant's" for subsequent references to
3-21 "person's" in the subsection, so that added Section 31.045(b)(2),
3-22 Human Resources Code, reads as follows:
3-23 (2) require that the program participant seek an
3-24 undergraduate degree or certificate that the department, in
3-25 cooperation with the Texas Higher Education Coordinating Board,
3-26 considers likely to improve the participant's ability to obtain
3-27 employment in the participant's local labor market; and
4-1 Explanation: This change is necessary to conform the
4-2 language of the bill to the language of Subchapter M, Chapter 56,
4-3 Education Code, as added by H.B. No. 713, Acts of the 76th
4-4 Legislature, Regular Session, 1999.
4-5 (5) Senate Rule 12.03(1) is suspended to permit the
4-6 committee to change text that is not in disagreement by
4-7 substituting "program participants" for "persons" and by
4-8 substituting "undergraduate degree or certificate" for
4-9 "postsecondary degree" in added Section 31.045(b)(3), Human
4-10 Resources Code.
4-11 Explanation: This change is necessary for the reason stated
4-12 in Item (4) of this resolution.
4-13 (6) Senate Rule 12.03(4) is suspended to permit the
4-14 committee to add text on a matter that is not included in either
4-15 the house or senate version of the bill. The added text reads as
4-16 follows:
4-17 (c) Under the program, the department shall:
4-18 (1) advise recipients of financial assistance of:
4-19 (A) the availability of financial aid under
4-20 Subchapter M, Chapter 56, Education Code, and the eligibility
4-21 requirements for that aid;
4-22 (B) the need for recipients who are high school
4-23 students to make informed curriculum choices to be prepared for
4-24 success beyond high school;
4-25 (C) sources of information on higher education
4-26 admissions and financial aid; and
4-27 (D) eligibility criteria and application
5-1 procedures for participation in the program; and
5-2 (2) assist a recipient chosen to participate in the
5-3 program in obtaining financial aid available under Subchapter M,
5-4 Chapter 56, Education Code.
5-5 (d) A program participant who obtains financial aid
5-6 available under Subchapter M, Chapter 56, Education Code, may
5-7 continue to receive financial aid as provided by that subchapter,
5-8 regardless of whether the participant ceases to receive financial
5-9 assistance.
5-10 (e) The department may cooperate with the Legislative
5-11 Oversight Committee under Section 56.311, Education Code, by
5-12 providing information relating to program participants receiving
5-13 financial aid under Subchapter M, Chapter 56, Education Code, that
5-14 is necessary for the committee to perform its duty of monitoring
5-15 the financial aid programs established under that subchapter.
5-16 (f) The department and the Texas Higher Education
5-17 Coordinating Board shall jointly develop procedures necessary for
5-18 administration of the program, including procedures for:
5-19 (1) determining and monitoring a program participant's
5-20 initial and continuing eligibility for financial aid under
5-21 Subchapter M, Chapter 56, Education Code;
5-22 (2) providing appropriate information to financial aid
5-23 officers of institutions of higher education; and
5-24 (3) exchanging all necessary information between the
5-25 department and the coordinating board, including copies of rules
5-26 adopted by the coordinating board relating to the administration of
5-27 the financial aid programs under Subchapter M, Chapter 56,
6-1 Education Code.
6-2 . . .
6-3 (h) This section takes effect only if H.B. 713, Acts of the
6-4 76th Legislature, Regular Session, 1999, is enacted and becomes
6-5 law. If this section takes effect, it expires September 1, 2003.
6-6 Explanation: This change is necessary to reflect the
6-7 modification of the program, as described in Item (1) of this
6-8 resolution.
6-9 (7) Senate Rule 12.03(2) is suspended to permit the
6-10 committee to omit text that is not in disagreement. The omitted
6-11 text reads as follows:
6-12 (e) The department shall fund the program from state funds
6-13 specifically appropriated for that purpose or from other state
6-14 funds otherwise available to the department for the program. The
6-15 department may accept gifts and grants from public or private
6-16 sources to be used to fund the program. The department shall
6-17 establish and administer the program in such a manner that money
6-18 spent under the program is included in determining the state's
6-19 compliance with federal maintenance of effort requirements under
6-20 Part A, Title IV, Social Security Act (42 U.S.C. Section 601 et
6-21 seq.).
6-22 Explanation: This change is necessary because the omitted
6-23 language is no longer necessary. As a result of the modification
6-24 of the program, as described in Item (1) of this resolution, the
6-25 student financial aid will be provided under Subchapter M, Chapter
6-26 56, Education Code, as added by H.B. 713, Acts of the 76th
6-27 Legislature, Regular Session, 1999, and the reference to federal
7-1 maintenance of efforts requirements is not appropriate in that
7-2 context.
7-3 (8) Senate Rule 12.03(1) is suspended to permit the
7-4 committee to change text that is not in disagreement in added
7-5 Section 31.045(g), Human Resources Code, by substituting "2001" for
7-6 "2003" and by substituting "financial assistance" for "Temporary
7-7 Assistance for Needy Families (TANF) benefits".
7-8 Explanation: This change is necessary to provide for an
7-9 earlier date by which the Texas Department of Human Services must
7-10 submit a report concerning the program and to provide for
7-11 consistent use of terminology in the bill.