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.