By Carona S.B. No. 554 77R5788 JSA-F A BILL TO BE ENTITLED 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 2-1 established under this chapter. 2-2 (4) "Public junior college" and "public technical 2-3 institute" have the meanings assigned by Section 61.003, Education 2-4 Code. 2-5 (5) "Qualified education program" means a 2-6 postsecondary education program that meets the requirements 2-7 provided by Section 305.024. 2-8 (Sections 305.003-305.020 reserved for expansion 2-9 SUBCHAPTER B. GRANT PROGRAM 2-10 Sec. 305.021. TUITION ASSISTANCE GRANT; AMOUNT OF GRANT. 2-11 (a) The commission may provide tuition assistance grants to Texas 2-12 residents enrolled in a qualified education program at an eligible 2-13 institution. 2-14 (b) In selecting applicants to receive grants under this 2-15 chapter and the amount of the grant for each applicant, the 2-16 commission shall consider: 2-17 (1) the financial need and resources of an applicant; 2-18 (2) the state's need for workforce development in the 2-19 applicant's proposed career field; 2-20 (3) the efficient use of the money available for 2-21 grants; 2-22 (4) the fair allocation of grants to promote workforce 2-23 development in different career fields; 2-24 (5) the opportunity of applicants from all regions of 2-25 this state to receive financial assistance under this chapter; and 2-26 (6) any other factor the commission considers 2-27 appropriate to further the purposes of this chapter. 3-1 Sec. 305.022. LIMITATIONS ON GRANT AMOUNT. (a) The amount 3-2 of a grant under this chapter may not exceed the lower of: 3-3 (1) the maximum grant amount, if any, specified by the 3-4 legislature in an appropriation act; or 3-5 (2) the amount by which the tuition and required fees 3-6 at the eligible institution attended exceeds the average amount of 3-7 tuition and required fees that would be charged at a public junior 3-8 college or public technical institute, as determined by the 3-9 commission based on information provided by the coordinating board. 3-10 (b) The total amount of grants paid under this chapter on 3-11 behalf of a student during a state fiscal year may not exceed an 3-12 amount equal to 50 percent of the average state appropriation in 3-13 the biennium preceding the biennium in which the grant is made for 3-14 a full-time student or the equivalent at a public junior college or 3-15 public technical institute, as determined by the coordinating board 3-16 and certified to the commission. 3-17 (c) The amount of a grant to a part-time student shall be 3-18 made on a pro-rata basis in relation to the amount of the grant the 3-19 person would be entitled to receive if enrolled as a full-time 3-20 student. 3-21 Sec. 305.023. APPROVAL OF INSTITUTIONS. The commission 3-22 shall approve a proprietary school for its students to participate 3-23 in the grant program established under this chapter if the school: 3-24 (1) has been accredited for not less than five years 3-25 by an accrediting agency recognized by the United States Department 3-26 of Education and maintains that accreditation; and 3-27 (2) offers one or more qualified education programs. 4-1 Sec. 305.024. QUALIFIED EDUCATION PROGRAMS. For purposes of 4-2 this chapter, a qualified education program is a postsecondary 4-3 course of instruction in a specific career field that: 4-4 (1) is at least one academic year in length as defined 4-5 by the United States Department of Education; and 4-6 (2) leads to a certificate, certification, degree, or 4-7 diploma in the career field. 4-8 Sec. 305.025. NONDISCRIMINATION. The commission in 4-9 administering this chapter shall ensure compliance with Title VI, 4-10 Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), in 4-11 regard to nondiscrimination under any program or activity receiving 4-12 federal financial assistance. 4-13 Sec. 305.026. APPLICATION; ELIGIBILITY FOR GRANT. (a) To 4-14 receive a grant under this chapter, a person must apply to the 4-15 commission in the manner provided by commission rule. 4-16 (b) To be eligible to receive a grant under this chapter, an 4-17 applicant must: 4-18 (1) be a Texas resident and meet the requirements to 4-19 qualify as a Texas resident under Subchapter B, Chapter 54, 4-20 Education Code, and the rules of the coordinating board for the 4-21 payment of resident tuition at a public institution of higher 4-22 education; 4-23 (2) be enrolled in a qualified education program at an 4-24 eligible institution for at least one-half of a full course load; 4-25 (3) be required to pay more tuition and required fees 4-26 than the amount required at a public junior college or public 4-27 technical institute and be charged not less than the regular 5-1 tuition and required fees paid by other students enrolled at the 5-2 eligible institution the person attends; 5-3 (4) establish financial need and eligibility for 5-4 student financial assistance in accordance with procedures and 5-5 regulations of the United States Department of Education for 5-6 financial aid programs under Title IV, Higher Education Act of 1965 5-7 (20 U.S.C. Section 1070 et seq.); 5-8 (5) not be in default on a loan made under the Federal 5-9 Perkins Loan Program, Federal Family Education Loan Program, or 5-10 William D. Ford Federal Direct Loan Program; 5-11 (6) not owe a refund on a grant received under the 5-12 federal Pell Grant program or the federal Supplemental Education 5-13 Opportunity Grant program; and 5-14 (7) comply with any other requirements adopted by the 5-15 commission under this chapter. 5-16 Sec. 305.027. PAYMENT OF GRANT. (a) On receipt of an 5-17 enrollment report for a student awarded a grant under this chapter 5-18 and certification of the amount of the student's financial need 5-19 from the approved institution, the commission shall certify the 5-20 amount of the grant awarded to the student. 5-21 (b) The grant shall be paid to the student through the 5-22 eligible institution in which the student is enrolled. 5-23 Sec. 305.028. ADOPTION AND DISTRIBUTION OF RULES. (a) The 5-24 commission may adopt reasonable rules to administer and enforce 5-25 this chapter. 5-26 (b) The commission shall distribute a copy of the rules to 5-27 each eligible institution. 6-1 Sec. 305.029. ANNUAL REPORT. The commission shall prepare 6-2 an annual report regarding the grant program established under this 6-3 chapter. The report shall include for the period covered by the 6-4 report: 6-5 (1) the number of students who received grants under 6-6 this chapter; and 6-7 (2) the number of those students who attended each 6-8 eligible institution, including information on the race or 6-9 ethnicity of those students attending each institution. 6-10 Sec. 305.030. INITIAL IMPLEMENTATION. (a) The commission 6-11 may award grants under this chapter for the 2001-2002 academic year 6-12 only to a person attending the person's first academic year at an 6-13 eligible institution. 6-14 (b) The commission may award grants under this chapter for 6-15 the 2002-2003 academic year only to a person attending the person's 6-16 first or second academic year at an eligible institution. 6-17 (c) This section expires January 1, 2004. 6-18 SECTION 2. This Act takes effect immediately if it receives 6-19 a vote of two-thirds of all the members elected to each house, as 6-20 provided by Section 39, Article III, Texas Constitution. If this 6-21 Act does not receive the vote necessary for immediate effect, this 6-22 Act takes effect September 1, 2001.