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.