1-1 AN ACT
1-2 relating to grants by the Texas Workforce Commission to assist
1-3 economically disadvantaged persons enrolled in qualified
1-4 postsecondary career education programs.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-7 adding Chapter 305 to read as follows:
1-8 CHAPTER 305. TEXAS CAREER OPPORTUNITY GRANT PROGRAM
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 305.001. PURPOSE. The purpose of the Texas Career
1-11 Opportunity Grant Program is to help ensure a qualified workforce
1-12 to meet the needs of this state by reducing the financial barriers
1-13 to postsecondary career education and training for economically
1-14 disadvantaged Texans.
1-15 Sec. 305.002. DEFINITIONS. In this chapter:
1-16 (1) "Commission" means the Texas Workforce Commission.
1-17 (2) "Coordinating board" means the Texas Higher
1-18 Education Coordinating Board.
1-19 (3) "Eligible institution" means a proprietary school
1-20 in this state that:
1-21 (A) holds a certificate of approval under
1-22 Chapter 132, Education Code; and
1-23 (B) is approved by the commission under Section
1-24 305.023 for its students to participate in the grant program
1-25 established under this chapter.
2-1 (4) "Public technical institute" has the meaning
2-2 assigned by Section 61.003, Education Code.
2-3 (5) "Qualified education program" means a
2-4 postsecondary education program that meets the requirements
2-5 provided by Section 305.024.
2-6 (Sections 305.003-305.020 reserved for expansion
2-7 SUBCHAPTER B. GRANT PROGRAM
2-8 Sec. 305.021. TUITION ASSISTANCE GRANT; AMOUNT OF GRANT.
2-9 (a) The commission may provide tuition assistance grants to Texas
2-10 residents enrolled in a qualified education program at an eligible
2-11 institution.
2-12 (b) In selecting applicants to receive grants under this
2-13 chapter and the amount of the grant for each applicant, the
2-14 commission may consider:
2-15 (1) the financial need and resources of an applicant;
2-16 (2) the state's need for workforce development in the
2-17 applicant's proposed career field;
2-18 (3) the efficient use of the money available for
2-19 grants;
2-20 (4) the fair allocation of grants to promote workforce
2-21 development in different career fields;
2-22 (5) the opportunity of applicants from all regions of
2-23 this state to receive financial assistance under this chapter; and
2-24 (6) any other factor the commission considers
2-25 appropriate to further the purposes of this chapter.
2-26 Sec. 305.022. LIMITATIONS ON GRANT AMOUNT. (a) The amount
3-1 of a grant under this chapter may not exceed the lower of:
3-2 (1) the maximum grant amount, if any, specified by the
3-3 legislature in an appropriation act; or
3-4 (2) the amount by which the tuition and required fees
3-5 at the eligible institution attended exceeds the average amount of
3-6 tuition and required fees that would be charged at a public
3-7 technical institute, as determined by the commission based on
3-8 information provided by the coordinating board.
3-9 (b) The total amount of grants paid under this chapter on
3-10 behalf of a student during a state fiscal year may not exceed an
3-11 amount equal to 50 percent of the average state appropriation in
3-12 the biennium preceding the biennium in which the grant is made for
3-13 a full-time student or the equivalent at a public technical
3-14 institute, as determined by the coordinating board and certified to
3-15 the commission.
3-16 (c) The amount of a grant to a part-time student shall be
3-17 made on a pro rata basis in relation to the amount of the grant the
3-18 person would be entitled to receive if enrolled as a full-time
3-19 student.
3-20 Sec. 305.023. APPROVAL OF INSTITUTIONS. The commission
3-21 shall approve a proprietary school for its students to participate
3-22 in the grant program established under this chapter if the school:
3-23 (1) has been accredited for not less than five years
3-24 by an accrediting agency recognized by the United States Department
3-25 of Education and maintains that accreditation;
3-26 (2) has held a certificate of approval under Chapter
4-1 132, Education Code, for at least five years; and
4-2 (3) offers one or more qualified education programs.
4-3 Sec. 305.024. QUALIFIED EDUCATION PROGRAMS. For purposes of
4-4 this chapter, a qualified education program is a postsecondary
4-5 course of instruction in a specific career field that:
4-6 (1) is at least one academic year in length as defined
4-7 by the United States Department of Education; and
4-8 (2) leads to a certificate, certification, degree, or
4-9 diploma in the career field.
4-10 Sec. 305.025. NONDISCRIMINATION. The commission in
4-11 administering this chapter shall ensure compliance with Title VI,
4-12 Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), as
4-13 amended, in regard to nondiscrimination under any program or
4-14 activity receiving federal financial assistance.
4-15 Sec. 305.026. APPLICATION; ELIGIBILITY FOR GRANT. (a) To
4-16 receive a grant under this chapter, a person must apply to the
4-17 eligible institution in which the person enrolls in the manner
4-18 provided by commission rule.
4-19 (b) To be eligible to receive a grant under this chapter, an
4-20 applicant must:
4-21 (1) be a Texas resident and meet the requirements to
4-22 qualify as a Texas resident under Subchapter B, Chapter 54,
4-23 Education Code, and the rules of the coordinating board for the
4-24 payment of resident tuition at a public institution of higher
4-25 education;
4-26 (2) be enrolled in a qualified education program at an
5-1 eligible institution for at least one-half of a full course load;
5-2 (3) be required to pay more tuition and required fees
5-3 than the amount required at a public technical institute and be
5-4 charged not less than the regular tuition and required fees paid by
5-5 other students enrolled at the eligible institution the person
5-6 attends;
5-7 (4) establish financial need and eligibility for
5-8 student financial assistance in accordance with procedures and
5-9 regulations of the United States Department of Education for
5-10 financial aid programs under Title IV, Higher Education Act of 1965
5-11 (20 U.S.C. Section 1070 et seq.), as amended;
5-12 (5) not be in default on a loan made under the Federal
5-13 Perkins Loan Program, Federal Family Education Loan Program, or
5-14 William D. Ford Federal Direct Loan Program;
5-15 (6) not owe a refund on a grant received under the
5-16 federal Pell Grant program or the federal Supplemental Education
5-17 Opportunity Grant program; and
5-18 (7) comply with any other requirements adopted by the
5-19 commission under this chapter.
5-20 Sec. 305.027. PAYMENT OF GRANT. (a) On receipt of an
5-21 enrollment report for a student awarded a grant under this chapter
5-22 and certification of the amount of the student's financial need
5-23 from the approved institution, the commission shall certify the
5-24 amount of the grant awarded to the student.
5-25 (b) The grant shall be paid to the student through the
5-26 eligible institution in which the student is enrolled.
6-1 Sec. 305.028. ADOPTION AND DISTRIBUTION OF RULES. (a) The
6-2 commission may adopt reasonable rules to administer and enforce
6-3 this chapter.
6-4 (b) The commission shall distribute a copy of the rules to
6-5 each eligible institution.
6-6 Sec. 305.029. ANNUAL REPORT. The commission shall prepare
6-7 and deliver to the legislature an annual report regarding the grant
6-8 program established under this chapter. The report shall include
6-9 for the period covered by the report:
6-10 (1) the number of students who received grants under
6-11 this chapter; and
6-12 (2) the number of those students who attended each
6-13 eligible institution, including information on the race or
6-14 ethnicity of those students attending each institution.
6-15 Sec. 305.030. INITIAL IMPLEMENTATION. (a) The commission
6-16 may award grants under this chapter for the 2001-2002 academic year
6-17 only to a person attending the person's first academic year at an
6-18 eligible institution.
6-19 (b) The commission may award grants under this chapter for
6-20 the 2002-2003 academic year only to a person attending the person's
6-21 first or second academic year at an eligible institution.
6-22 (c) This section expires January 1, 2004.
6-23 SECTION 2. (a) This Act takes effect on September 1, 2001.
6-24 (b) The Texas Workforce Commission may award grants under
6-25 the Texas Career Opportunity Grant Program established by Chapter
6-26 305, Labor Code, as added by this Act, in the state fiscal biennium
7-1 ending August 31, 2003, only from:
7-2 (1) money specifically appropriated for that biennium
7-3 to fund the grant program; or
7-4 (2) other money available to the commission from a
7-5 source other than general revenue if the use of that money for that
7-6 purpose is permitted by applicable law.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 554 passed the Senate on
March 22, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 554 passed the House on
May 18, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor