SRC-LBB S.B. 1876 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1876
By: Ratliff
Infrastructure Development and Security
8/20/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the Texas Department of Transportation's (TxDOT) conditional
grant program is open to female and minority students attending a Texas
public institution of higher education with the intention of working as
civil engineers for TxDOT for two years after obtaining a degree. Because
the program is race-based and gender-based, it is believed to be
vulnerable to legal challenge.  S.B. 1876 establishes eligibility for the
program based on "economic disadvantage" and deletes statutory references
to women and minority applicants. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 56.141(4), Education Code, to redefine
"eligible profession" as the profession of engineering or another
profession as defined by Texas Department of Transportation (TxDOT) rule
for which TxDOT determines there is a need in TxDOT's workforce.  Deletes
"as having a significant statistical underrepresentation of minorities or
women" from the definition. 

SECTION 2.  Amends Section 56.142(a), Education Code, to make a conforming
change. 

SECTION 3.  Amends Section 56.143, Education Code,  as follows: 

(a)  Amends the requirements for a student's  eligibility for a
conditional grant by replacing the terms "minority" and "woman" with
"economically disadvantaged." 
 
(b)  Provides that in the determination of who should receive a grant
under this program, TxDOT: 

(1)  shall give highest priority to students who demonstrate the greatest
financial need; and 
(2)  may consider whether the applicant would be the first generation of
the applicant's family to attend or graduate from an undergraduate program
or from a graduate or professional program. 

SECTION 4.  Amends Section 56.147, Education Code, by reenacting and
amending Subsection (b), as amended by Chapters 151 and 165, Acts of the
74th legislature, Regular Session, 1995, and by adding Subsection (c), as
follows: 

(b)  Requires TxDOT to issue not less than $400,000 annually in
conditional grants under this subchapter from money available to fund the
conditional grant program. 

(c)  Authorizes TxDOT to provide outreach programs to recruit students
into the conditional grant program. 

SECTION 5.  (a)  Effective date:  September 1, 2003.
 
           (b)  Makes application of this Act prospective.