1-1 By: Bivins S.B. No. 1596 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Education; March 26, 2001, 1-4 reported favorably by the following vote: Yeas 8, Nays 0; 1-5 March 26, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the establishment and operation of the Toward 1-9 EXcellence, Access, & Success (TEXAS) grant II program. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 56, Education Code, is amended by adding 1-12 Subchapter N to read as follows: 1-13 SUBCHAPTER N. TOWARD EXCELLENCE, ACCESS, & SUCCESS 1-14 (TEXAS) GRANT II PROGRAM 1-15 Sec. 56.401. DEFINITIONS. In this subchapter: 1-16 (1) "Coordinating board" means the Texas Higher 1-17 Education Coordinating Board. 1-18 (2) "Eligible institution" means: 1-19 (A) a public junior college; or 1-20 (B) a public technical institute. 1-21 (3) "Public junior college" and "public technical 1-22 institute" have the meanings assigned by Section 61.003. 1-23 Sec. 56.402. PROGRAM NAME; PURPOSE. (a) The student 1-24 financial assistance program authorized by this subchapter is known 1-25 as the Toward EXcellence, Access, & Success (TEXAS) grant II 1-26 program, and an individual grant awarded under this subchapter is 1-27 known as a TEXAS grant II. 1-28 (b) The purpose of this subchapter is to provide a grant of 1-29 money to enable eligible students to attend public two-year 1-30 institutions of higher education in this state. 1-31 Sec. 56.403. ADMINISTRATION OF PROGRAM. (a) The 1-32 coordinating board shall administer the TEXAS grant II program and 1-33 shall adopt any rules necessary to implement the TEXAS grant II 1-34 program or this subchapter. The coordinating board shall consult 1-35 with the student financial aid officers of eligible institutions in 1-36 developing the rules. 1-37 (b) The coordinating board shall adopt rules to provide a 1-38 TEXAS grant II to an eligible student enrolled in an eligible 1-39 institution in a manner consistent with the administration of 1-40 federal student financial aid programs. 1-41 (c) The total amount of TEXAS grants II awarded may not 1-42 exceed the amount available for the program from appropriations, 1-43 gifts, grants, or other funds. 1-44 (d) In determining who should receive a TEXAS grant II, the 1-45 coordinating board and the eligible institutions shall give highest 1-46 priority to awarding TEXAS grants II to students who demonstrate 1-47 the greatest financial need. 1-48 Sec. 56.404. INITIAL ELIGIBILITY FOR GRANT. (a) To be 1-49 eligible initially for a TEXAS grant II, a person must: 1-50 (1) be a resident of this state as determined by 1-51 coordinating board rules; 1-52 (2) meet financial need requirements as defined by the 1-53 coordinating board; 1-54 (3) be enrolled in an associate degree or certificate 1-55 program at an eligible institution; 1-56 (4) be enrolled as an entering undergraduate student 1-57 for at least one-half of a full course load for an entering 1-58 undergraduate student, as determined by the coordinating board; 1-59 (5) have applied for any available financial aid or 1-60 assistance; and 1-61 (6) comply with any additional nonacademic requirement 1-62 adopted by the coordinating board under this subchapter. 1-63 (b) A person is not eligible to receive a TEXAS grant II if 1-64 the person has been convicted of a felony or an offense under 2-1 Chapter 481, Health and Safety Code, or under the law of another 2-2 jurisdiction involving a controlled substance as defined by Chapter 2-3 481, Health and Safety Code, unless the person has met the other 2-4 applicable eligibility requirements under this subchapter and: 2-5 (1) has received a certificate of discharge by the 2-6 Texas Department of Criminal Justice or a correctional facility or 2-7 completed a period of probation or community supervision ordered by 2-8 a court and at least two years have elapsed from the date of 2-9 receiving the certificate or completing the probation or community 2-10 supervision; or 2-11 (2) has been pardoned, has had the record of the 2-12 offense expunged from the person's record, or has otherwise been 2-13 released from the resulting ineligibility to receive a grant under 2-14 this subchapter. 2-15 (c) A person is not eligible to receive a TEXAS grant II if 2-16 the person has been granted an associate or baccalaureate degree. 2-17 (d) A person may not receive a TEXAS grant II for more than 2-18 75 semester credit hours or the equivalent. 2-19 (e) A person may not receive a TEXAS grant II if the person 2-20 is eligible for a TEXAS grant. 2-21 (f) A person's eligibility for a TEXAS grant II ends on the 2-22 fourth anniversary of the initial award of a TEXAS grant II to the 2-23 person and the person's enrollment in an eligible institution. 2-24 Sec. 56.405. CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE 2-25 REQUIREMENTS. (a) After initially qualifying for a TEXAS grant 2-26 II, a person may continue to receive a TEXAS grant II during each 2-27 semester or term in which the person is enrolled at an eligible 2-28 institution only if the person: 2-29 (1) meets financial need requirements as defined by 2-30 the coordinating board; 2-31 (2) is enrolled in an undergraduate degree or 2-32 certificate program at an eligible institution; 2-33 (3) is enrolled for at least one-half of a full course 2-34 load for an undergraduate student, as determined by the 2-35 coordinating board; 2-36 (4) makes satisfactory academic progress toward an 2-37 associate degree or certificate; and 2-38 (5) complies with any additional nonacademic 2-39 requirement adopted by the coordinating board. 2-40 (b) A person is not eligible to continue to receive a TEXAS 2-41 grant II under this section if the person has been convicted of a 2-42 felony or an offense under Chapter 481, Health and Safety Code, or 2-43 under the law of another jurisdiction involving a controlled 2-44 substance as defined by Chapter 481, Health and Safety Code, unless 2-45 the person has met the other applicable eligibility requirements 2-46 under this subchapter and: 2-47 (1) has received a certificate of discharge by the 2-48 Texas Department of Criminal Justice or a correctional facility or 2-49 completed a period of probation or community supervision ordered by 2-50 a court and at least two years have elapsed from the date of 2-51 receiving the certificate or completing the probation or community 2-52 supervision; or 2-53 (2) has been pardoned, has had the record of the 2-54 offense expunged from the person's record, or has otherwise been 2-55 released from the resulting ineligibility to receive a grant under 2-56 this subchapter. 2-57 (c) If a person fails to meet any of the requirements of 2-58 Subsection (a) after the completion of any semester or term, the 2-59 person may not receive a TEXAS grant II during the next semester or 2-60 term in which the person enrolls. A person may become eligible to 2-61 receive a TEXAS grant II in a subsequent semester or term if the 2-62 person: 2-63 (1) completes a semester or term during which the 2-64 student is not eligible for a scholarship; and 2-65 (2) meets all the requirements of Subsection (a). 2-66 (d) For the purpose of this section, a person makes 2-67 satisfactory academic progress toward an associate degree or 2-68 certificate only if the person: 2-69 (1) completes at least 75 percent of the semester 3-1 credit hours attempted in the student's most recent academic year; 3-2 and 3-3 (2) earns an overall grade point average of at least 3-4 2.5 on a four-point scale or the equivalent on coursework 3-5 previously attempted at institutions of higher education. 3-6 (e) A person who is eligible to receive a TEXAS grant II 3-7 continues to remain eligible to receive the TEXAS grant II if the 3-8 person enrolls in or transfers to another eligible institution. 3-9 Sec. 56.406. GRANT USE. A person receiving a TEXAS grant II 3-10 may use the money to pay any usual and customary cost of attendance 3-11 at an institution of higher education incurred by the student. The 3-12 institution may disburse all or part of the proceeds of a TEXAS 3-13 grant II to an eligible person only if the tuition and required 3-14 fees incurred by the person at the institution have been paid. 3-15 Sec. 56.407. GRANT AMOUNT. (a) The amount of a TEXAS grant 3-16 II for a semester or term for a person enrolled full-time at an 3-17 eligible institution is the amount determined by the coordinating 3-18 board as the average statewide amount of tuition and required fees 3-19 that a resident student enrolled full-time in an associate degree 3-20 program would be charged for that semester or term at a public 3-21 junior college or public technical institute. 3-22 (b) The coordinating board may adopt rules that allow the 3-23 coordinating board to increase or decrease, in proportion to the 3-24 number of semester credit hours in which a student is enrolled, the 3-25 amount of a TEXAS grant II award under this section to a student 3-26 who is enrolled in a number of semester credit hours in excess of 3-27 or below the number of semester credit hours described in Section 3-28 56.404(a)(4) or 56.405(a)(3). 3-29 (c) The amount of a TEXAS grant II may not be reduced by any 3-30 gift aid for which the person receiving the grant is eligible 3-31 unless the total amount of a person's grant plus any gift aid 3-32 received exceeds the total cost of attendance at an eligible 3-33 institution. 3-34 (d) Not later than January 31 of each year, the coordinating 3-35 board shall publish the amount of the grant established by the 3-36 board for the academic year beginning the next fall semester. 3-37 (e) The total amount of grants that a student may receive in 3-38 an academic year under this subchapter and under Section 61.221 may 3-39 not exceed the maximum amount authorized under Section 61.227. 3-40 (f) An eligible institution may not: 3-41 (1) charge a person attending the institution who also 3-42 receives a TEXAS grant II an amount of tuition and required fees in 3-43 excess of the amount of the TEXAS grant II received by the person; 3-44 or 3-45 (2) deny admission to or enrollment in the institution 3-46 based on a person's eligibility to receive a TEXAS grant II or a 3-47 person's receipt of a TEXAS grant II. 3-48 (g) An institution may use other available sources of 3-49 financial aid to cover any difference in the amount of a TEXAS 3-50 grant II and the actual amount of tuition and required fees at the 3-51 institution. 3-52 SECTION 2. (a) Scholarships under the TEXAS grant II 3-53 program established under Subchapter N, Chapter 56, Education Code, 3-54 as added by this Act, shall be awarded by the Texas Higher 3-55 Education Coordinating Board and the eligible institutions of 3-56 higher education beginning with the 2001 fall semester. 3-57 (b) The Texas Higher Education Coordinating Board shall 3-58 adopt the initial rules for awarding grants under the TEXAS grant 3-59 II program established under Subchapter N, Chapter 56, Education 3-60 Code, as added by this Act, not later than July 31, 2001. 3-61 SECTION 3. This Act takes effect immediately if it receives 3-62 a vote of two-thirds of all the members elected to each house, as 3-63 provided by Section 39, Article III, Texas Constitution. If this 3-64 Act does not receive the vote necessary for immediate effect, this 3-65 Act takes effect September 1, 2001. 3-66 * * * * *