By Rangel H.B. No. 3050 77R7711 KSD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment and operation of the Toward 1-3 EXcellence, Access, & Success (TEXAS) II grant program. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 56, Education Code, is amended by adding 1-6 Subchapter O to read as follows: 1-7 SUBCHAPTER O. TOWARD EXCELLENCE, ACCESS, & SUCCESS 1-8 (TEXAS) II GRANT PROGRAM 1-9 Sec. 56.351. DEFINITIONS. In this subchapter: 1-10 (1) "Coordinating board" means the Texas Higher 1-11 Education Coordinating Board. 1-12 (2) "Eligible institution" means: 1-13 (A) a public junior college; or 1-14 (B) a public technical institute. 1-15 (3) "Public junior college" and "public technical 1-16 institute" have the meanings assigned by Section 61.003. 1-17 Sec. 56.352. PROGRAM NAME; PURPOSE. (a) The student 1-18 financial assistance program authorized by this subchapter is known 1-19 as the Toward EXcellence, Access, & Success (TEXAS) II grant 1-20 program, and an individual grant awarded under this subchapter is 1-21 known as a TEXAS II grant. 1-22 (b) The purpose of this subchapter is to provide a grant of 1-23 money to enable eligible students to attend public junior colleges 1-24 and technical institutes in this state. 2-1 Sec. 56.353. ADMINISTRATION OF PROGRAM. (a) The 2-2 coordinating board shall administer the TEXAS II grant program and 2-3 shall adopt any rules necessary to implement the TEXAS II grant 2-4 program or this subchapter. The coordinating board shall consult 2-5 with the student financial aid officers of eligible institutions in 2-6 developing the rules. 2-7 (b) The coordinating board shall adopt rules to provide a 2-8 TEXAS II grant to an eligible student enrolled in an eligible 2-9 institution in a manner consistent with the administration of 2-10 federal student financial aid programs. 2-11 (c) The total amount of TEXAS II grants awarded may not 2-12 exceed the amount available for the program from appropriations, 2-13 gifts, grants, or other funds. 2-14 (d) In determining who should receive a TEXAS II grant, the 2-15 coordinating board and the eligible institutions shall give highest 2-16 priority to awarding TEXAS II grants to students who demonstrate 2-17 the greatest financial need. 2-18 Sec. 56.354. INITIAL ELIGIBILITY FOR GRANT. (a) To be 2-19 eligible initially for a TEXAS II grant, a person must: 2-20 (1) be a resident of this state as determined by 2-21 coordinating board rules; 2-22 (2) meet financial need requirements as defined by the 2-23 coordinating board; 2-24 (3) be enrolled in an associate degree or certificate 2-25 program at an eligible institution; 2-26 (4) be enrolled as an entering student for at least 2-27 one-half of a full course load for an entering student in the 3-1 associate degree or certificate program, as determined by the 3-2 coordinating board; 3-3 (5) have applied for any available financial aid or 3-4 assistance; and 3-5 (6) comply with any additional nonacademic requirement 3-6 adopted by the coordinating board under this subchapter. 3-7 (b) A person is not eligible to receive a TEXAS II grant if 3-8 the person has been convicted of a felony or an offense under 3-9 Chapter 481, Health and Safety Code (Texas Controlled Substances 3-10 Act), or under the law of another jurisdiction involving a 3-11 controlled substance as defined by Chapter 481, Health and Safety 3-12 Code, unless the person has met the other applicable eligibility 3-13 requirements under this subchapter and has: 3-14 (1) received a certificate of discharge by the Texas 3-15 Department of Criminal Justice or a correctional facility or 3-16 completed a period of probation ordered by a court, and at least 3-17 two years have elapsed from the date of the receipt or completion; 3-18 or 3-19 (2) been pardoned, had the record of the offense 3-20 expunged from the person's record, or otherwise has been released 3-21 from the resulting ineligibility to receive a grant under this 3-22 subchapter. 3-23 (c) A person is not eligible to receive a TEXAS II grant if 3-24 the person has been granted a baccalaureate degree. 3-25 (d) A person may not receive a TEXAS II grant for more than 3-26 75 semester credit hours or the equivalent. 3-27 (e) A person may not receive a TEXAS II grant if the person 4-1 is eligible for a TEXAS grant. 4-2 (f) A person's eligibility for a TEXAS II grant ends on the 4-3 fourth anniversary of the initial award of a TEXAS II grant to the 4-4 person and the person's enrollment in an eligible institution. 4-5 Sec. 56.355. CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE 4-6 REQUIREMENTS. (a) After initially qualifying for a TEXAS II 4-7 grant, a person may continue to receive a TEXAS II grant during 4-8 each semester or term in which the person is enrolled at an 4-9 eligible institution only if the person: 4-10 (1) meets financial need requirements as defined by 4-11 the coordinating board; 4-12 (2) is enrolled in an associate degree or certificate 4-13 program at an eligible institution; 4-14 (3) is enrolled for at least one-half of a full course 4-15 load for a student in an associate degree or certificate program, 4-16 as determined by the coordinating board; 4-17 (4) makes satisfactory academic progress toward an 4-18 associate degree or certificate; and 4-19 (5) complies with any additional nonacademic 4-20 requirement adopted by the coordinating board. 4-21 (b) A person is not eligible to continue to receive a TEXAS 4-22 II grant under this section if the person has been convicted of a 4-23 felony or an offense under Chapter 481, Health and Safety Code 4-24 (Texas Controlled Substances Act), or under the law of another 4-25 jurisdiction involving a controlled substance as defined by Chapter 4-26 481, Health and Safety Code, unless the person has met the other 4-27 applicable eligibility requirements under this subchapter and has: 5-1 (1) received a certificate of discharge by the Texas 5-2 Department of Criminal Justice or a correctional facility or 5-3 completed a period of probation ordered by a court, and at least 5-4 two years have elapsed from the date of the receipt or completion; 5-5 or 5-6 (2) been pardoned, had the record of the offense 5-7 expunged from the person's record, or otherwise has been released 5-8 from the resulting ineligibility to receive a grant under this 5-9 subchapter. 5-10 (c) If a person fails to meet any of the requirements of 5-11 Subsection (a) after the completion of any semester or term, the 5-12 person may not receive a TEXAS II grant during the next semester or 5-13 term in which the person enrolls. A person may become eligible to 5-14 receive a TEXAS II grant in a subsequent semester or term if the 5-15 person: 5-16 (1) completes a semester or term during which the 5-17 student is not eligible for a scholarship; and 5-18 (2) meets all the requirements of Subsection (a). 5-19 (d) For the purpose of this section, satisfactory academic 5-20 progress toward an associate degree or certificate shall be 5-21 determined in a manner consistent with the administration of 5-22 federal financial aid programs. 5-23 (e) A person who is eligible to receive a TEXAS II grant 5-24 continues to remain eligible to receive the TEXAS II grant if the 5-25 person enrolls in or transfers to another eligible institution. 5-26 Sec. 56.356. GRANT USE. A person receiving a TEXAS II grant 5-27 may use the money to pay any usual and customary cost of attendance 6-1 at an eligible institution incurred by the student. The 6-2 institution may disburse all or part of the proceeds of a TEXAS II 6-3 grant to an eligible person only if the tuition and required fees 6-4 incurred by the person at the institution have been paid. 6-5 Sec. 56.357. GRANT AMOUNT. (a) The amount of a TEXAS II 6-6 grant for a student enrolled full-time at a public technical 6-7 institute is the amount determined by the coordinating board as the 6-8 average statewide amount of tuition and required fees that a 6-9 resident student enrolled full-time in an associate degree or 6-10 certificate program would be charged for that semester or term at 6-11 public technical institutes. 6-12 (b) The amount of a TEXAS II grant for a student enrolled 6-13 full-time at a public junior college is the amount determined by 6-14 the coordinating board as the average statewide amount of tuition 6-15 and required fees that a student who is a resident of the junior 6-16 college district and is enrolled full-time in an associate degree 6-17 or certificate program would be charged for that semester or term 6-18 at public junior colleges. 6-19 (c) The coordinating board may adopt rules that allow the 6-20 coordinating board to increase or decrease, in proportion to the 6-21 number of semester credit hours in which a student is enrolled, the 6-22 amount of a TEXAS II grant award under this section to a student 6-23 who is enrolled in a number of semester credit hours in excess of 6-24 or below the number of semester credit hours described in Section 6-25 56.354(a)(4) or 56.355(a)(3). 6-26 (d) The amount of a TEXAS II grant may not be reduced by any 6-27 gift aid for which the person receiving the grant is eligible, 7-1 unless the total amount of a person's grant plus any gift aid 7-2 received exceeds the total cost of attendance at an eligible 7-3 institution. 7-4 (e) Not later than January 31 of each year, the coordinating 7-5 board shall publish the amounts of each grant established by the 7-6 board for the academic year beginning the next fall semester. 7-7 (f) The total amount of grants that a student may receive in 7-8 an academic year under this subchapter and under Section 61.221 may 7-9 not exceed the maximum amount authorized under Section 61.227. 7-10 (g) An eligible institution may not: 7-11 (1) charge a person attending the institution who also 7-12 receives a TEXAS II grant an amount of tuition and required fees 7-13 in excess of the amount of the TEXAS II grant received by the 7-14 person; or 7-15 (2) deny admission to or enrollment in the institution 7-16 based on a person's eligibility to receive a TEXAS II grant or a 7-17 person's receipt of a TEXAS II grant. 7-18 (h) An institution may use other available sources of 7-19 financial aid to cover any difference in the amount of a TEXAS II 7-20 grant and the actual amount of tuition and required fees at the 7-21 institution. 7-22 SECTION 2. (a) The Texas Higher Education Coordinating 7-23 Board and the eligible institutions shall award scholarships under 7-24 the TEXAS II grant program established under Subchapter O, Chapter 7-25 56, Education Code, as added by this Act, beginning with the 2001 7-26 fall semester. 7-27 (b) The Texas Higher Education Coordinating Board shall 8-1 adopt the initial rules for awarding grants under the TEXAS II 8-2 grant program established under Subchapter O, Chapter 56, Education 8-3 Code, as added by this Act, not later than July 31, 2001. 8-4 SECTION 3. This Act takes effect immediately if it receives 8-5 a vote of two-thirds of all the members elected to each house, as 8-6 provided by Section 39, Article III, Texas Constitution. If this 8-7 Act does not receive the vote necessary for immediate effect, this 8-8 Act takes effect September 1, 2001.