S.B. 1876 78(R)    BILL ANALYSIS


S.B. 1876
By: Ratliff
Higher Education
Committee Report (Unamended)



BACKGROUND 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 and gender-based, it is
believed to be vulnerable to legal challenge. 
As proposed, S.B. 1876 establishes eligibility for the program based on
"economic disadvantage" 
and deletes statutory references to women and minority applicants.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

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, to amend the
requirements for a 
student's eligibility for a conditional grant by replacing the terms
"minority" and "woman" with 
"economically disadvantaged" and adds subsection (b) providing that
highest priority shall be given to students who demonstrate greatest
financial need and who would be the first generation of the applicant's
family to attend or graduate from college of 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.
 

EFFECTIVE DATE

  (a) This Act takes effect September 1, 2003.

 (b) The change in law made by this Act does not affect the eligibility of
a person awarded  a grant under Subchapter I, Chapter 56, Education Code,
before the effective date of this Act to receive the grant or to
participate in the conditional grant program under Subchapter I, Chapter
56, Education Code, as that subchapter existed when the person was awarded
the grant, and the former law is continued in effect for that person.