79(R) SB 151 - Engrossed version


                                                                                



By:  Zaffirini                                                    S.B. No. 151


A BILL TO BE ENTITLED

AN ACT

relating to students enrolled in junior college courses for which 
students may receive both high school and higher education academic 
credit.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 54, Education Code, is 
amended by adding Section 54.2161 to read as follows:
	Sec. 54.2161.  PILOT PROJECT FOR CERTAIN STUDENTS ENROLLED 
IN JUNIOR COLLEGE COURSES FOR CONCURRENT HIGH SCHOOL AND HIGHER 
EDUCATION ACADEMIC CREDIT.  (a)  In this section:
		(1)  "Coordinating board" means the Texas Higher 
Education Coordinating Board.
		(2)  "Public junior college" has the meaning assigned 
by Section 61.003.
	(b)  Notwithstanding Section 54.002 or 54.216, the governing 
board of a public junior college participating in the pilot project 
established under this section shall waive the tuition and 
mandatory fees charged by the college for a student who:
		(1)  is educationally disadvantaged, as defined by 
Section 5.001; and
		(2)  is enrolled in a course offered by the college for 
which the student is entitled to simultaneously receive both:
			(A)  course credit toward the student's high 
school academic requirements; and
			(B)  course credit toward a degree or certificate 
offered by the college.
	(c)  A student described by Subsection (b) is entitled to 
free textbooks required for a course described by Subsection 
(b)(2).  The institution of higher education offering the course 
shall provide the textbooks to the student.  The school district in 
which the student attends school shall pay the costs of the 
textbooks in accordance with Section 31.031.
	(d)  The coordinating board shall adopt a procedure for a 
public junior college to use in applying to participate in the pilot 
project established under this section.  From among the public 
junior colleges that apply to participate under this subsection, 
the coordinating board shall select five to participate in the 
pilot project.  The public junior colleges selected by the board 
must:
		(1)  be located in various geographic regions of the 
state;          
		(2)  vary significantly in the number of students 
enrolled; and      
		(3)  satisfy any other requirements adopted by the 
board.            
	(e)  The pilot project established under this section may not 
be implemented in a state fiscal year unless in the General 
Appropriations Act for that fiscal year the legislature accounts 
for the tuition and fee exemptions required by this section in a way 
that provides a corresponding increase in the general revenue funds 
appropriated to the public junior colleges that would be 
participating in the pilot project.  It is the intent of the 
legislature that the tuition and fee exemptions required by this 
section be financed by savings to the state resulting under this 
section from reductions in the number of courses taken by 
undergraduate students.
	(f)  If the pilot project established under this section is 
implemented, the commissioner of higher education shall conduct an 
ongoing evaluation of the effectiveness of the pilot project in 
encouraging students to graduate from public and private 
institutions of higher education in a timely manner and of any other 
benefits or any problems that result from the pilot project.  In 
making an evaluation under this subsection, the commissioner of 
higher education shall consult with the commissioner of education.  
The commissioner of higher education shall report the results of an 
evaluation under this subsection to the legislature not later than 
December 31, 2006, and December 31, 2008.
	(g)  The governing board of a public junior college may not 
waive tuition and fees under this section and a student is not 
entitled to free textbooks under this section for a semester or 
other academic term beginning before the 2005 fall semester.
	(h)  This section expires August 15, 2009.                              
	SECTION 2.  Section 31.021, Education Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  This subsection applies only if the pilot project 
established under Section 54.2161 is implemented, and expires 
August 15, 2009.  In addition to the amount set aside under 
Subsection (b), the State Board of Education shall annually set 
aside out of the available school fund an amount sufficient for each 
school district with one or more students entitled to free 
textbooks under the pilot project established under Section 54.2161 
to pay the costs of those textbooks as required by Section 31.031 
for the following school year.  The board shall determine the amount 
of the available school fund to set aside for the state textbook 
fund for purposes of this subsection based on the commissioner's 
estimate of the amount that will be necessary to pay the costs of 
textbooks as required under Section 31.031.
	SECTION 3.  Subchapter B, Chapter 31, Education Code, is 
amended by adding Section 31.031 to read as follows:
	Sec. 31.031.  TEXTBOOKS FOR STUDENTS ENROLLED IN JUNIOR 
COLLEGE COURSES FOR CONCURRENT HIGH SCHOOL AND HIGHER EDUCATION 
ACADEMIC CREDIT UNDER PILOT PROJECT.  (a)  This section applies 
only if the pilot project established under Section 54.2161 is 
implemented.
	(b)  From the amount set aside by the State Board of 
Education under Section 31.021(c), the school district that a 
student entitled to free textbooks under the pilot project 
established by Section 54.2161 attends shall pay the costs of each 
textbook the student requires for a course described by Section 
54.2161(b)(2).
	(c)  The State Board of Education shall adopt rules in 
accordance with which a school district shall pay the costs of 
textbooks under this section.  The rules shall provide for a school 
district to reimburse an institution of higher education for the 
costs of textbooks that the institution provides to a student under 
Section 54.2161.
	(d)  Section 31.102(c) does not apply to a textbook provided 
under this section, except that the board of trustees of the school 
district in which a student is enrolled is the legal custodian of a 
textbook provided under this section.
	(e)  This section expires August 15, 2009.                              
	SECTION 4.  Section 42.005, Education Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  If a student may receive course credit toward the 
student's high school academic requirements and toward the 
student's higher education academic requirements for a single 
course, the time during which the student attends the course shall 
be counted as part of the minimum number of instructional hours 
required for a student to be considered a full-time student in 
average daily attendance for purposes of this section.
	SECTION 5.  (a)  Subsection (c), Section 31.021, Education 
Code, as added by this Act, applies to funding for textbooks 
beginning with textbooks provided for the 2005-2006 school year and 
the 2005 fall semester.
	(b)  The State Board of Education shall adopt rules under 
Section 31.031, Education Code, as added by this Act, as soon as 
practicable after this Act takes effect.  For that purpose, the 
State Board of Education may adopt the initial rules in the manner 
provided by law for adoption of emergency rules.
	(c)  Subsection (g), Section 42.005, Education Code, as 
added by this Act, applies beginning with the 2005-2006 school 
year.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.