S.B. No. 1227
AN ACT
relating to public and private postsecondary educational
institutions, including enrollment in those educational
institutions, payment of the costs of attending those educational
institutions, and financial aid and other measures to assist
students to pay those costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 51.009, Education Code,
is amended to read as follows:
(c) Each of the following shall be accounted for as
educational and general funds:
(1) net tuition, special course fees charged under
Sections 54.051(e) and (l), [Education Code,] lab fees, student
teaching fees, [hospital and clinic fees,] organized activity fees,
proceeds from the sale of educational and general equipment, and
indirect cost recovery fees; and
(2) hospital and clinic fees received by a state-owned
clinical care facility that is operated using general revenue fund
appropriations for patient care.
SECTION 2. Subdivision (1), Section 51.351, Education Code,
is amended to read as follows:
(1) "General academic teaching institution,"
"governing board," "institution of higher education," "medical and
dental unit," "public junior college," and "university system" have
the meanings assigned by Section 61.003 [of this code].
SECTION 3. Subchapter G, Chapter 51, Education Code, is
amended by adding Sections 51.355 and 51.356 to read as follows:
Sec. 51.355. NONVOTING STUDENT REGENT; UNIVERSITY SYSTEM
BOARD OF REGENTS. (a) In this section, "student government" means
the representative student organization directly elected by the
student body of a general academic teaching institution or medical
and dental unit.
(b) The chancellor of each university system shall develop a
uniform application form to be used by each general academic
teaching institution and medical and dental unit in the university
system to solicit applicants for the position of student regent.
(c) Except as provided by Subsection (f), not later than
September 1 of each year, the student government of each general
academic teaching institution and medical and dental unit in a
university system shall solicit applicants for the position of
student regent. Not later than November 1, from among the
applications received by the student government, the student
government shall select five applicants as the student government's
recommendations for the position of student regent and send the
applications of those applicants, with the name of each applicant
and the name of the institution or unit in which the applicant is
enrolled removed, to the chancellor of the university system. From
among those applicants, the chancellor shall select two or more
applicants as the university system's recommendations for the
position of student regent and shall send the applications of those
applicants to the governor not later than December 1. The governor
may request to review all applications for the position of student
regent received by the student governments and may request to
review information required to be removed from an application by a
student government under this subsection. On February 1, or as soon
thereafter as practicable, the governor shall appoint one of the
applicants to serve as the student regent for the system for a
one-year term expiring on the next February 1. The governor is not
required to appoint an applicant recommended by the chancellor.
(d) A student regent must be enrolled as an undergraduate or
graduate student in a general academic teaching institution or
medical and dental unit in the university system at the time of
appointment and throughout the student regent's term. For purposes
of this subsection, a person is considered to be enrolled in an
institution or unit for a summer term if the person was enrolled in
the institution or unit for the preceding semester and:
(1) is registered or preregistered at the institution
or unit for the following fall semester;
(2) if the person has not completed the person's degree
program, is eligible to continue the degree program at the
institution or unit in the following fall semester; or
(3) if the person completed a degree program in the
preceding semester, is admitted to another degree program at the
institution or unit for the following fall semester.
(e) A student regent is not a member of the board of regents
of the system for which the student regent is appointed. A student
regent has the same powers and duties as the members of the board of
regents of the system, including the right to attend and
participate in meetings of the board of regents, except that the
student regent:
(1) may not vote on any matter before the board or make
or second any motion before the board; and
(2) is not counted in determining whether a quorum
exists for a meeting of the board or in determining the outcome of
any vote of the board.
(f) The student government of the general academic teaching
institution or medical and dental unit at which a current student
regent was enrolled at the time of the student regent's appointment
may not solicit applicants for the position of student regent for
the next regular term of the position.
(g) A vacancy in the position of student regent for a
university system shall be filled for the unexpired term by
appointment by the governor in consultation with the chancellor of
the system.
Sec. 51.356. NONVOTING STUDENT REGENT; INSTITUTION BOARD OF
REGENTS. (a) This section applies only to a general academic
teaching institution that is not a part of a university system.
(b) In this section, "student government" means the
representative student organization directly elected by the
student body of a general academic teaching institution.
(c) The president of a general academic teaching
institution shall develop a uniform application form to be used to
solicit applicants for the position of student regent.
(d) Not later than September 1 of each year, the student
government of the general academic teaching institution shall
solicit applicants for the position of student regent. Not later
than November 1, from among the applications received by the
student government, the student government shall select five
applicants as the student government's recommendations for the
position of student regent and send the applications of those
applicants, with the name of each applicant removed, to the
president of the institution. From among those applicants, the
president shall select two or more applicants as the institution's
recommendations for the position of student regent and shall send
the applications of those applicants to the governor not later than
December 1. The governor may request to review all applications for
the position of student regent received by the student government
and may request to review information required to be removed from an
application by the student government under this subsection. On
February 1, or as soon thereafter as practicable, the governor
shall appoint one of the applicants to serve as the student regent
for the institution for a one-year term expiring on the next
February 1. The governor is not required to appoint an applicant
recommended by the president.
(e) A student regent must be enrolled as an undergraduate or
graduate student in the general academic teaching institution at
the time of appointment and throughout the student regent's term.
For purposes of this subsection, a person is considered to be
enrolled in an institution for a summer term if the person was
enrolled in the institution for the preceding semester and:
(1) is registered or preregistered at the institution
for the following fall semester;
(2) if the person has not completed the person's degree
program, is eligible to continue the degree program at the
institution in the following fall semester; or
(3) if the person completed a degree program in the
preceding semester, is admitted to another degree program at the
institution for the following fall semester.
(f) A student regent is not a member of the board of regents
of the institution for which the student regent is appointed. A
student regent has the same powers and duties as the members of the
board of regents of the institution, including the right to attend
and participate in meetings of the board of regents, except that the
student regent:
(1) may not vote on any matter before the board or make
or second any motion before the board; and
(2) is not counted in determining whether a quorum
exists for a meeting of the board or in determining the outcome of
any vote of the board.
(g) A vacancy in the position of student regent for an
institution shall be filled for the unexpired term by appointment
by the governor in consultation with the president of the
institution.
SECTION 4. Subsection (e), Section 52.17, Education Code,
is amended to read as follows:
(e) Amounts paid to the board by the federal Lender's
Special Allowance program may:
(1) be deposited in:
(A) the Texas college interest and sinking fund;
or
(B) [,] a board interest and sinking fund;[,] or
(2) be used by the board for the administration of
student loan and grant programs [and the Teacher Loan Program and
Future Teacher Loan Program authorized under House Bill 72, 68th
Legislature, 2nd Called Session, 1984, or other programs]
administered by the board, including the making of grants under
Subchapter M, Chapter 56 [as specified by the legislature in the
General Appropriations Act].
SECTION 5. Section 52.31, Education Code, is amended to
read as follows:
Sec. 52.31. PARTICIPATING INSTITUTIONS. In this
subchapter, "participating [A participating] higher educational
institution" means a public or private nonprofit [is any]
institution of higher education, [public or private nonprofit,]
including a junior college, [which is recognized or] accredited by
a recognized accrediting agency as defined by Section 61.003, or a
regional education service center or other entity that offers an
alternative educator certification program approved by the State
Board for Educator Certification, that:
(1) is located in this state; and
(2) [the Texas Education Agency or the Coordinating
Board, Texas College and University System, or its successors, and
which] complies with the provisions of this chapter and the rules
[and regulations] of the board promulgated in accordance with this
chapter.
SECTION 6. Section 52.32, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) The board may authorize loans from the Texas Opportunity
Plan Fund to a qualified [students if the] applicant who:
(1) is a resident of this state [Texas] as defined by
the board in accordance with Subchapter B, Chapter 54 [of this
code];
(2) has been accepted for enrollment at a
participating higher educational institution, provided that if the
institution is a public or private [any] postsecondary educational
institution, the institution must be [within the State of Texas,
public or private, which has been] approved by an agency of the
United States government for the purpose of guaranteeing the maker
of such loans against loss due to the death, disability, or default
of the borrower[. If the postsecondary institution that the
student has been accepted to attend was not a participating
institution as defined in Section 52.31 of this code on May 1, 1985,
the applicant must provide evidence that he is unable to obtain a
guaranteed student loan from a commercial lender except as provided
by Subsection (b) of this section];
(3) has established that the student [he] has
insufficient resources to finance the student's [his] college
education or alternative educator certification program;
(4) has submitted to the board at least two
references, including the names of the persons giving those
references and appropriate contact information for those persons
[been recommended by reputable persons in his home community]; and
(5) has complied with other requirements established
by the rules [and regulations] adopted by the board in conformity
with this chapter.
(a-1) Except as provided by Subsection (b), if the
institution to which the applicant has been accepted for enrollment
was not a participating institution, as defined by Section 52.31,
on May 1, 1985, the applicant must provide evidence that the
applicant is unable to obtain a guaranteed student loan from a
commercial lender.
(b) If a loan applicant is enrolled at a career school or
college in a degree program that is approved by the board or at a
regional education service center or other entity in an alternative
educator certification program that is approved by the State Board
for Educator Certification, the applicant is not required to
provide evidence that the applicant is unable to obtain a
guaranteed student loan from a commercial lender under Subsection
(a-1) [(a)(2) of this section].
SECTION 7. Section 52.33, Education Code, is amended to
read as follows:
Sec. 52.33. AMOUNT OF LOAN. The amount of the loan to any
qualified applicant shall be limited to the difference between the
financial resources available to the applicant [him], including but
not limited to the applicant's [his] income from parents and other
sources, scholarships, gifts, grants, other financial aid, and the
amount the applicant [he] can reasonably be expected to earn, and
the amount necessary to pay the applicant's [his] reasonable
expenses as a student at the participating institution of higher
education where the applicant [he] has been accepted for
enrollment, under the rules and regulations adopted by the board.
The total loan to any individual student may never be more than the
amount the student [he] can reasonably be expected to repay in the
[a] maximum loan period provided by board rule [of 10 years after he
is last enrolled in a participating institution], except as
otherwise provided for in this chapter.
SECTION 8. Section 52.35, Education Code, is amended to
read as follows:
Sec. 52.35. TERM OF LOANS. The term of all authorized loans
must be for the shortest possible period consistent with general
practice by issuers of student loans, as determined by the board.
[However, no loan may be made to any student for a period longer
than 10 years from the date he is last enrolled in a participating
institution.]
SECTION 9. Subsection (c), Section 52.91, Education Code,
is amended to read as follows:
(c) The board shall repay bonds issued by the board to fund
the Texas B-On-time student loan program using legislative
appropriations and money collected by the board as repayment for
Texas B-On-time student loans awarded by the board. The board may
use tuition set aside under Section 56.465 to repay bonds issued by
the board for the Texas B-On-time student loan program. The board
may not use money collected by the board as repayment for student
loans awarded by the board under Subchapter C to repay bonds issued
by the board for the Texas B-On-time student loan program under
Section 56.464(b).
SECTION 10. Section 54.007, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) A student may elect to pay the tuition and fees of an
institution of higher education by installment under this section
regardless of whether the student intends to apply a financial aid
award administered by the institution toward the tuition and fees,
except that a student whose financial aid award or awards are
available to cover the total amount of tuition and fees may not pay
by installment under this section. On receipt of notice of a
student's election to pay tuition and fees by installment, the
governing board of the institution shall apply any financial aid
award administered for the student toward the amount of tuition and
fees due for that semester or summer session until the tuition and
fees are paid in full and shall immediately release any remaining
amount of the award to the student, except that the institution is
not required to apply the award or awards toward the total amount of
tuition and fees in exigent circumstances as determined by the
institution.
SECTION 11. Subchapter A, Chapter 54, Education Code, is
amended by adding Section 54.0071 to read as follows:
Sec. 54.0071. AUTHORITY OF INSTITUTION TO PROVIDE PAYMENT
OPTIONS FOR STUDENT WITH DELAYED FINANCIAL AID. (a) The governing
board of an institution of higher education may postpone the due
date for the payment of all or part of the tuition and fees for a
student for a semester or summer session in which the student will
receive one or more delayed financial aid awards if:
(1) the student has not received the awards by the
regular due date for payment of the tuition and fees; and
(2) the student agrees to assign to the institution a
portion of the awards equal to the amount of tuition and fees for
which the due date is postponed.
(b) A postponed due date under Subsection (a) applies only
to the portion of tuition and fees to be covered by the student's
delayed financial aid awards. When the financial aid awards become
available, a governing board that postpones a due date under this
section shall apply the awards toward the amount of tuition and fees
due and immediately release any remaining amount of the awards to
the student.
(c) If after the due date for a student's tuition and fees is
postponed under this section the student becomes ineligible to
receive one or more of the delayed financial aid awards, or the
amount awarded is less than the amount of tuition and fees due, the
governing board shall provide the student a reasonable period, not
to exceed 30 days, to pay the unpaid amount of tuition and fees. The
board may deny a student credit for work done in the semester or
summer session if the student fails to pay the tuition and fees by
the end of that period.
(d) The Texas Higher Education Coordinating Board shall
prescribe procedures for the administration of this section.
(e) If a student with delayed financial aid awards has
elected to pay tuition and fees by installment as permitted by
Section 54.007 and if the governing board elects to postpone the due
date for the student's tuition and fees as authorized by this
section, the governing board in the manner provided by this section
shall postpone the due date for each installment payment that
becomes due before the student receives the awards.
SECTION 12. Subchapter B, Chapter 54, Education Code, is
amended by adding Section 54.0516 to read as follows:
Sec. 54.0516. SPECIAL SUMMER TUITION RATES AT TEXAS A&M
UNIVERSITY: PILOT PROGRAM. (a) This section applies only to a
resident undergraduate student enrolled for a summer term or
session at Texas A&M University.
(b) Tuition, other than tuition under Section 54.0513,
charged to a student to whom this section applies is three-fourths
of the amount otherwise provided by this subchapter.
(c) The amount that the board of regents may charge as
tuition under Section 54.0513 to a student to whom this section
applies may not exceed the amount of other tuition the board is
authorized to charge to the student under Subsection (b).
(d) This section applies only if the legislature
specifically appropriates money to Texas A&M University for the
state fiscal biennium ending August 31, 2007, to cover the tuition
revenue lost to the institution by the application of this section.
(e) This section applies only to a summer term or session in
2006 or 2007. This section expires January 1, 2008.
SECTION 13. Subsection (c), Section 54.214, Education Code,
is amended to read as follows:
(c) To be eligible for an exemption under this section, a
person must:
(1) be a resident of this state;
(2) be a school employee serving in any capacity;
(3) for the initial term or semester for which the
person receives an exemption under this section, have [who] worked
as an educational aide for at least one school year during the five
years preceding that [the] term or semester [for which the person
receives the exemption];
(4) [(3)] establish financial need as determined by
coordinating board rule;
(5) [(4)] be enrolled in courses required for teacher
certification at the institution of higher education granting the
exemption;
(6) [(5)] maintain an acceptable grade point average
as determined by coordinating board rule; and
(7) [(6)] comply with any other requirements adopted
by the coordinating board under this section.
SECTION 14. Section 54.2155, Education Code, is amended to
read as follows:
Sec. 54.2155. PAYMENT OF TUITION ASSISTANCE FOR MEMBERS OF
STATE MILITARY FORCES. (a) For [In the manner established by the
Texas Higher Education Coordinating Board, for] each semester, the
adjutant general of the state military forces [coordinating board]
shall certify to institutions of higher education as described by
Section 431.090, Government Code, information identifying the
persons to whom the adjutant general [of the state military forces]
has awarded tuition assistance under that section [Section 431.090,
Government Code, if the coordinating board has determined that
sufficient money is available to reimburse institutions for tuition
exemptions granted under this section and to make tuition
assistance grants under Subsection (c)].
(b) An institution of higher education shall exempt a person
certified by the adjutant general as described by Subsection (a)
[coordinating board under this section] from the payment of tuition
for the semester credit hours for which the person enrolls, not to
exceed 12 semester credit hours. If the person is not charged
tuition at the rate provided for other Texas residents, the amount
of the exemption may not exceed the amount of tuition the person
would be charged as a Texas resident for the number of semester
credit hours for which the person enrolls, not to exceed 12 semester
credit hours.
[(b) From money appropriated for purposes of this section,
the coordinating board shall reimburse an institution of higher
education in an amount equal to the amount of the tuition exemption
the institution grants to a person under Subsection (a).
[(c) From money appropriated for purposes of this section,
the coordinating board shall make a grant to a person attending a
private or independent institution of higher education, as defined
by Section 61.003, to whom the adjutant general has awarded tuition
assistance for the semester under Section 431.090, Government Code.
The amount of a grant under this section is an amount equal to the
average amount of reimbursement the coordinating board estimates
will be paid per student for the same semester under Subsection
(b).]
SECTION 15. Subsection (b), Section 54.5021, Education
Code, is amended to read as follows:
(b) The student deposit fund of an institution of higher
education shall be used, at the discretion of the institution's
governing board, for making scholarship awards to needy and
deserving students of the institution and making grants under
Subchapter C, Chapter 56, to resident students of the institution.
The governing board shall administer the scholarship awards for the
institution, including the selection of recipients and the amounts
and conditions of the awards. The recipients of the scholarships
must be residents of the state as defined for tuition purposes.
SECTION 16. Section 56.033, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) To supplement money set aside under Subsection (a), the
governing board of an institution of higher education may use money
received by the institution from the fee for issuance of collegiate
license plates under Section 504.615, Transportation Code, for
awarding Texas Public Educational Grants. The board may use the
money to award grants to both resident and nonresident students,
except that the board shall give priority to grants for resident
students. Notwithstanding Subsection (b), the board may not use
the money for emergency loans under Subchapter D.
SECTION 17. Section 56.051, Education Code, is amended to
read as follows:
Sec. 56.051. EMERGENCY LOANS. Each institution of higher
education may establish an emergency loan program under which
students are loaned money to pay tuition, [and] fees, and the costs
of textbooks.
SECTION 18. Section 56.052, Education Code, is amended to
read as follows:
Sec. 56.052. ELIGIBILITY. (a) The governing board of
each institution shall adopt rules establishing eligibility
criteria. The rules must allow eligible students to obtain loans on
the basis of the order of receipt of applications, except as
provided by Subsection (b).
(b) The governing board may adopt rules that allow the
institution to select loan recipients from the eligible applicants
according to financial need, regardless of when their applications
are received, if money available for the program is insufficient to
provide loans to each eligible applicant.
SECTION 19. Section 56.076, Education Code, is amended to
read as follows:
Sec. 56.076. ELIGIBLE EMPLOYER. An eligible institution
may enter into agreements with employers that participate in the
work-study program. To be eligible to participate in the
work-study program, an employer must:
(1) provide part-time employment to an eligible
student in nonpartisan and nonsectarian activities;
(2) provide, insofar as is practicable, employment to
an eligible student that is related to the student's academic
interests;
(3) use Texas college work-study program positions
only to supplement and not to supplant positions normally filled by
persons not eligible to participate in the work-study program;
(4) provide from sources other than federal college
work-study program funds a percentage [not less than 30 percent] of
an employed student's wages that is equal to the percentage of a
student's wages that the employer would be required to provide to
the student in that academic year under the [and 100 percent of
other employee benefits for the employed student from sources other
than] federal college work-study program [funds, if the employer is
a nonprofit entity]; and
(5) provide from sources other than federal college
work-study funds [not less than 50 percent of an employed student's
wages and] 100 percent of other employee benefits for the employed
student[, if the employer is a profit-making entity].
SECTION 20. Subchapter K, Chapter 56, Education Code, is
amended by adding Section 56.2011 to read as follows:
Sec. 56.2011. DEFINITION. In this subchapter,
"coordinating board" means the Texas Higher Education Coordinating
Board.
SECTION 21. Section 56.202, Education Code, is amended to
read as follows:
Sec. 56.202. PURPOSE. (a) The Early High School
Graduation Scholarship program is created to increase efficiency in
the Foundation School Program and to provide assistance for tuition
or tuition and mandatory fees, as provided by Section 56.204, to an
eligible person to enable that person to attend a [Texas] public or
private institution of higher education in this state.
(b) A portion of the savings to the Foundation School
Program that occur as a result of the program is dedicated to state
credits for tuition or tuition and mandatory fees, as applicable,
provided to an eligible person under the program.
SECTION 22. Section 56.203, Education Code, as amended by
Chapters 365 and 1317, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
Sec. 56.203. ELIGIBLE PERSON. (a) To be eligible for an
award through the Early High School Graduation Scholarship program,
a person must:
(1) [have the written approval of at least one of the
person's parents or a person standing in parental relation to the
person, if the person graduated from high school in not more than 41
consecutive months;
[(2)] have [successfully completed the recommended or
advanced high school program established under Section 28.025 and]
graduated from [a Texas public] high school:
(A) in not more than 41 consecutive months and
successfully completed the recommended or advanced high school
program established under Section 28.025, if the person graduated
on or after September 1, 2005;
(B) in not more than 45 consecutive months, [or,
if the person graduated] with at least 30 hours of college credit,
and successfully completed the recommended or advanced high school
program established under Section 28.025, if the person graduated
on or after September 1, 2005 [in not more than 45 consecutive
months]; or
(C) in not more than 36 consecutive months after
successfully completing the requirements for a high school diploma,
if the person graduated before September 1, 2005, regardless of
whether the person successfully completed the recommended or
advanced high school program established under Section 28.025;
(2) [(3)] have attended high school exclusively in one
or more public high schools in this state [only]; and
(3) [(4)] be a Texas resident as defined by
coordinating board [Texas Higher Education Coordinating Board]
rule.
(b) The [A person's] eligibility for the Early High School
Graduation Scholarship program of a person described by Subsection
(a)(1)(A) or (B) ends on the sixth anniversary of the date that the
person first becomes eligible to participate in the program, unless
the person is provided additional time to participate in the
program under Subsection (c).
(c) The coordinating board shall adopt rules to provide a
person described by Subsection (a)(1)(A) or (B) who is otherwise
eligible to participate in the Early High School Graduation
Scholarship program additional time to use a state credit for
tuition and mandatory fees under the program. The rules must
require a person seeking an extension under this subsection to show
hardship or other good cause that prevents the person from
enrolling in or continuing enrollment in an eligible institution
during the period provided by Subsection (b). For purposes of this
subsection, hardship or other good cause includes a severe illness
or other debilitating condition, [or] responsibility for the care
of a sick, injured, or needy person, or active duty or other service
in the United States armed forces.
(d) A person who does not satisfy the curriculum
requirements for the recommended or advanced high school program as
required to establish eligibility under Subsection (a)(1)(A) or (B)
[of Subsection (a)(2)] is considered to have satisfied those
requirements if the high school from which the person graduated
indicates on the person's transcript that the person was unable to
complete the appropriate curriculum within the time prescribed by
that subsection solely because of a reason beyond the person's
control, such as [necessary courses were unavailable to the person
at the appropriate times in the person's high school career as a
result of course scheduling,] lack of enrollment capacity[,] or a
shortage of qualified teachers [another cause not within the
person's control].
SECTION 23. The heading to Section 56.204, Education Code,
is amended to read as follows:
Sec. 56.204. ENTITLEMENT[; MATCHING CREDIT].
SECTION 24. Subsection (a), Section 56.204, Education Code,
is amended to read as follows:
(a) An eligible person under the Early High School
Graduation Scholarship program is entitled to a state credit to
apply toward tuition or [pay] tuition and mandatory fees, as
applicable, at a public or private institution of higher education
in this state in the following amounts:
(1) $2,000 to apply toward tuition and mandatory fees
if the person successfully completed the recommended or advanced
high school program established under Section 28.025 and graduated
from high school on or after September 1, 2005, in 36 consecutive
months or less and an additional $1,000 to apply toward tuition and
mandatory fees if the person graduated with at least 15 hours of
college credit;
(2) $500 to apply toward tuition and mandatory fees if
the person successfully completed the recommended or advanced high
school program established under Section 28.025 and graduated from
high school on or after September 1, 2005, in more than 36
consecutive months but not more than 41 consecutive months and an
additional $1,000 to apply toward tuition and mandatory fees if the
person graduated with at least 30 hours of college credit; [or]
(3) $1,000 to apply toward tuition and mandatory fees
if the person successfully completed the recommended or advanced
high school program established under Section 28.025 and graduated
from high school on or after September 1, 2005, in more than 41
consecutive months but not more than 45 consecutive months with at
least 30 hours of college credit; or
(4) $1,000 to apply only toward tuition if the person
graduated before September 1, 2005, after successfully completing
the requirements for a high school diploma in not more than 36
consecutive months.
SECTION 25. Section 56.205, Education Code, is amended to
read as follows:
Sec. 56.205. ISSUANCE OF CERTIFICATE. As soon as
practicable after the coordinating board confirms with the high
school from which a person graduated that the person is eligible for
an award through the Early High School Graduation Scholarship
program, the [The] coordinating board shall provide a certificate
for state credits for tuition or tuition and mandatory fees, as
applicable, to the [an] eligible person.
SECTION 26. Subsections (a), (c), and (d), Section 56.206,
Education Code, are amended to read as follows:
(a) On enrollment of an eligible person in an eligible
institution of higher education, the institution shall apply to the
person's charges for tuition or tuition and mandatory fees, as
applicable, for the enrollment period an amount equal to the lesser
of:
(1) the amount of the state credit available to the
person; or
(2) the person's actual tuition or tuition and
mandatory fees, as applicable.
(c) For each student using a state credit for tuition or
tuition and mandatory fees under this subchapter, the institution
of higher education shall report to the coordinating board the
following information:
(1) the student's name;
(2) the school district from which the student
graduated from high school; [and]
(3) the amount of the state credit applied; and
(4) whether the state credit was applied toward
tuition or tuition and mandatory fees.
(d) Subject to Section 56.203(b), an eligible person may use
the state credit for enrollment in an eligible institution of
higher education during any semester or summer session, except the
[person's] initial use of the credit by a person who qualifies for
an award under Section 56.203(a)(1)(A) or (B) may not be for
enrollment during any term of a summer session immediately
following the person's graduation from high school.
SECTION 27. Subsection (b), Section 56.207, Education Code,
is amended to read as follows:
(b) On receipt of a report from the coordinating board under
Subsection (a), the commissioner of education shall transfer to the
coordinating board, from funds appropriated for the Foundation
School Program, an amount sufficient to pay each eligible
institution of higher education the amount of state credit for
tuition or tuition and mandatory fees, as applicable, that is
applied by the institution during the period covered by the report.
SECTION 28. Subsection (b), Section 56.2075, Education
Code, is amended to read as follows:
(b) The commissioner of education shall distribute money
from the foundation school fund in an amount sufficient to pay each
school district under Subsection (a).
SECTION 29. Subchapter K, Chapter 56, Education Code, is
amended by adding Section 56.210 to read as follows:
Sec. 56.210. NOTIFICATION BY HIGH SCHOOLS REGARDING PROGRAM
REQUIREMENTS. (a) When the student initially enrolls in the
school, each public high school in this state shall provide
information regarding the requirements of the Early High School
Graduation Scholarship program:
(1) to each freshman student enrolled when the school
year begins and to a parent, conservator, or guardian of the
student; and
(2) to each student who:
(A) enrolls in the school before the student's
senior year; and
(B) did not receive the information under
Subdivision (1).
(b) The information provided under Subsection (a) must
include:
(1) the number and type of high school course credits
necessary to satisfy the eligibility requirements for the Early
High School Graduation Scholarship program; and
(2) the appropriate order in which those high school
course credits must be earned to satisfy the eligibility
requirements, including course credits related to the curriculum
for the recommended or advanced high school program.
(c) The Texas Education Agency shall prepare a publication
that includes the information required to be provided under this
section and shall post that publication on the agency's website in a
form that enables a public high school to reproduce the information
for distribution to students, parents, and other persons as
required by this section.
SECTION 30. Section 56.301, Education Code, is amended to
read as follows:
Sec. 56.301. DEFINITIONS. In this subchapter:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Eligible institution" means[:
[(A)] an institution of higher education that
offers one or more undergraduate degree or certification programs[;
or
[(B) a private or independent institution of
higher education].
(3) "Public junior college" ["Private or independent
institution of higher education," "public junior college,"] and
"public technical institute" have the meanings assigned by Section
61.003.
SECTION 31. Section 56.302, Education Code, is amended to
read as follows:
Sec. 56.302. PROGRAM NAME; PURPOSE. (a) Except as
provided under Section 56.310(c), the [The] student financial
assistance program authorized by this subchapter is known as the
Toward EXellence, Access, & Success (TEXAS) grant program, and an
individual grant awarded under this subchapter is known as a TEXAS
grant.
(b) The purpose of this subchapter is to provide a grant of
money to enable eligible students to attend public [and private]
institutions of higher education in this state.
SECTION 32. Subchapter M, Chapter 56, Education Code, is
amended by adding Section 56.3021 to read as follows:
Sec. 56.3021. STUDENTS ENROLLED IN PRIVATE OR INDEPENDENT
INSTITUTIONS: LIMITED ELIGIBILITY FOR GRANT.
(a) Notwithstanding any other provision of this subchapter, a
student who was awarded a TEXAS grant under this subchapter to pay
the costs of enrollment in a private or independent institution of
higher education for the 2005 fall semester or an earlier academic
period may continue to receive grants under this subchapter while
enrolled in a private or independent institution of higher
education if the student is otherwise eligible to receive a grant
under this subchapter.
(b) For purposes of determining the eligibility of a student
to continue to receive a grant under this section, a reference in
this subchapter to an eligible institution includes a private or
independent institution of higher education.
(c) The amount of a TEXAS grant under this section for a
student enrolled full-time at a private or independent institution
of higher education is the amount determined by the coordinating
board as the average statewide amount of tuition and required fees
that a resident student enrolled full-time in a baccalaureate
degree program would be charged for that semester or term at general
academic teaching institutions.
(d) Notwithstanding Subsection (c) or other law, the total
amount of financial aid that a student enrolled in a private or
independent institution of higher education is eligible to receive
in a state fiscal year from TEXAS grants awarded under this section
may not exceed the maximum amount the student may receive in tuition
equalization grants in that fiscal year as determined under
Subchapter F, Chapter 61.
(e) Notwithstanding Subsection (c) or other law, a student
enrolled in a private or independent institution of higher
education may not receive a TEXAS grant under this section and a
tuition equalization grant under Subchapter F, Chapter 61, for the
same semester or other term, regardless of whether the student is
otherwise eligible for both grants during that semester or term. A
student who but for this subsection would be awarded both a TEXAS
grant and a tuition equalization grant for the same semester or
other term is entitled to receive only the grant of the greater
amount.
(f) This section expires September 1, 2015.
SECTION 33. Subsection (a), Section 56.304, Education Code,
is amended to read as follows:
(a) To be eligible initially for a TEXAS grant, a person
must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet either of the following academic
requirements:
(A) be a graduate of a public or accredited
private high school in this state who graduated not earlier than the
1998-1999 school year and who completed the recommended or advanced
high school curriculum established under Section 28.002 or 28.025
or its equivalent; or
(B) have received an associate degree from a
public or private [an eligible] institution of higher education not
earlier than May 1, 2001;
(3) meet financial need requirements as defined by the
coordinating board;
(4) be enrolled in an undergraduate degree or
certificate program at an eligible institution;
(5) be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load for an entering
undergraduate student, as determined by the coordinating board, not
later than the 16th month after the date of the person's graduation
from high school; or
(B) an entering student for at least
three-fourths of a full course load for an undergraduate student as
determined by the coordinating board, not later than the 12th month
after the month the person receives an associate degree from a
public or private [an eligible] institution of higher education;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirement adopted by the coordinating board under this
subchapter.
SECTION 34. Subsection (e), Section 56.305, Education Code,
is amended to read as follows:
(e) For the purpose of this section, a person makes
satisfactory academic progress toward an undergraduate degree or
certificate only if:
(1) in the person's first academic year the person
meets the satisfactory academic progress requirements of the
institution at which the person is enrolled; and
(2) in a subsequent academic year, the person:
(A) completes at least 75 percent of the semester
credit hours attempted in the student's most recent academic year;
and
(B) earns an overall grade point average of at
least 2.5 on a four-point scale or the equivalent on coursework
previously attempted at public or private institutions of higher
education.
SECTION 35. Section 56.307, Education Code, is amended by
amending Subsections (a), (c), (d), (i), and (j) and adding
Subsections (d-1), (i-1), and (l) to read as follows:
(a) The amount of a TEXAS grant for a semester or term for a
person enrolled full-time at an eligible institution other than an
institution covered by Subsection [(b),] (c)[,] or (d) is the
amount determined by the coordinating board as the average
statewide amount of tuition and required fees that a resident
student enrolled full-time in a baccalaureate degree program would
be charged for that semester or term at general academic teaching
institutions.
(c) The amount of a TEXAS grant for a semester or term for a
student enrolled full-time at a public technical institute is the
amount determined by the coordinating board as the average
statewide amount of tuition and required fees that a resident
student enrolled full-time in an associate degree or certificate
program would be charged for that semester or term at public
technical institutes.
(d) The amount of a TEXAS grant for a semester or term for a
student enrolled full-time at a public junior college is the amount
determined by the coordinating board as the average statewide
amount of tuition and required fees that a student who is a resident
of the junior college district and is enrolled full-time in an
associate degree or certificate program would be charged for that
semester or term at public junior colleges.
(d-1) The coordinating board shall determine the average
statewide tuition and fee amounts for a semester or term of the next
academic year for purposes of this section by using the amounts of
tuition and required fees that will be charged by the applicable
eligible institutions for that semester or term in that academic
year. The board may estimate the amount of the charges for a
semester or term in the next academic year by an institution if the
relevant information is not yet available to the board.
(i) A public institution of higher education may not:
(1) unless the institution complies with Subsection
(j), charge a person attending the institution who also receives a
TEXAS grant an amount of tuition and required fees in excess of the
amount of the TEXAS grant received by the person; or
(2) deny admission to or enrollment in the institution
based on a person's eligibility to receive a TEXAS grant or a
person's receipt of a TEXAS grant.
(i-1) A public institution of higher education may elect to
award a TEXAS grant to any student in an amount that is less than the
applicable amount established under Subsection (a), (c), (d), or
(e).
(j) A public [An] institution of higher education shall
[may] use other available sources of financial aid, other than a
loan, to cover any difference in the amount of a TEXAS grant awarded
to the student and the actual amount of tuition and required fees at
the institution if the difference results from:
(1) a reduction in the amount of a TEXAS grant under
Subsection (i-1); or
(2) a deficiency in the amount of the grant as
established under Subsection (a), (c), (d), or (e), as applicable,
to cover the full amount of tuition and required fees charged to the
student by the institution.
(l) The coordinating board shall provide information
regarding the Texas B-On-time loan program established under
Subchapter Q to each eligible applicant who receives less than the
full amount of a TEXAS grant.
SECTION 36. Subsection (a), Section 56.3075, Education
Code, is amended to read as follows:
(a) If the money available for TEXAS grants in a period for
which grants are awarded is sufficient to provide grants to all
eligible applicants in amounts specified by Section 56.307, the
[The] coordinating board may use any excess money available for
TEXAS grants to award a grant in an amount not more than three times
the amount that may be awarded under Section 56.307 to a student
who:
(1) is enrolled in a program that fulfills the
educational requirements for licensure or certification by the
state in a health care profession that the coordinating board, in
consultation with the Texas Workforce Commission and the statewide
health coordinating council, has identified as having a critical
shortage in the number of license holders needed in this state;
(2) has completed at least one-half of the work toward
a degree or certificate that fulfills the educational requirement
for licensure or certification; and
(3) meets all the requirements to receive a grant
award under Section 56.307.
SECTION 37. Section 56.310, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The coordinating board may solicit and accept gifts,
[and] grants, and donations from any public or private source for
the purposes of this subchapter.
(c) In performing its duties under Subsection (a), the
coordinating board may develop and implement an appropriate process
for the naming and sponsoring of the program created under this
subchapter, an individual grant awarded under this subchapter, or
any item received by the coordinating board under Subsection (a).
SECTION 38. The heading to Subchapter P, Chapter 56,
Education Code, is amended to read as follows:
SUBCHAPTER P. TEXAS EDUCATIONAL OPPORTUNITY [TOWARD
EXCELLENCE, ACCESS, & SUCCESS (TEXAS)] GRANT [II] PROGRAM
SECTION 39. Subsection (a), Section 56.402, Education Code,
is amended to read as follows:
(a) The student financial assistance program authorized by
this subchapter is known as the Texas Educational Opportunity Grant
Program [Toward EXcellence, Access, & Success (TEXAS) grant II
program, and an individual grant awarded under this subchapter is
known as a TEXAS grant II].
SECTION 40. Section 56.403, Education Code, is amended to
read as follows:
Sec. 56.403. ADMINISTRATION OF PROGRAM. (a) The
coordinating board shall administer the [TEXAS] grant [II] program
and shall adopt any rules necessary to implement the [TEXAS] grant
[II] program or this subchapter. The coordinating board shall
consult with the student financial aid officers of eligible
institutions in developing the rules.
(b) The coordinating board shall adopt rules to provide a
[TEXAS] grant under this subchapter [II] to an eligible student
enrolled in an eligible institution in a manner consistent with the
administration of federal student financial aid programs.
(c) The total amount of grants awarded under the [TEXAS]
grant [II] program may not exceed the amount available for the
program from appropriations, gifts, grants, or other funds.
(d) In determining who should receive a [TEXAS] grant under
this subchapter [II], the coordinating board and the eligible
institutions shall give highest priority to awarding [TEXAS] grants
[II] to students who demonstrate the greatest financial need.
SECTION 41. Section 56.404, Education Code, is amended to
read as follows:
Sec. 56.404. INITIAL ELIGIBILITY FOR GRANT. (a) To be
eligible initially for a grant under the [TEXAS] grant [II]
program, a person must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet financial need requirements as defined by the
coordinating board;
(3) be enrolled in an associate degree or certificate
program at an eligible institution;
(4) be enrolled as an entering student for at least
one-half of a full course load for an entering student in the
associate degree or certificate program, as determined by the
coordinating board;
(5) have applied for any available financial aid or
assistance; and
(6) comply with any additional nonacademic
requirement adopted by the coordinating board under this
subchapter.
(b) A person is not eligible to receive a [TEXAS] grant
under this subchapter [II] if the person has been convicted of a
felony or an offense under Chapter 481, Health and Safety Code
(Texas Controlled Substances Act), or under the law of another
jurisdiction involving a controlled substance as defined by Chapter
481, Health and Safety Code, unless the person has met the other
applicable eligibility requirements under this subchapter and has:
(1) received a certificate of discharge by the Texas
Department of Criminal Justice or a correctional facility or
completed a period of probation ordered by a court and at least two
years have elapsed from the date of the receipt or completion; or
(2) been pardoned, had the record of the offense
expunged from the person's record, or otherwise been released from
the resulting ineligibility to receive a grant under this
subchapter.
(c) A person is not eligible to receive a [TEXAS] grant
under this subchapter [II] if the person has been granted an
associate or baccalaureate degree.
(d) A person may not receive a [TEXAS] grant under this
subchapter [II] for more than 75 semester credit hours or the
equivalent.
(e) A person may not receive a [TEXAS] grant under this
subchapter [II] if the person is eligible for a TEXAS grant.
(f) A person's eligibility for a [TEXAS] grant under this
subchapter [II] ends on the fourth anniversary of the initial award
of a [TEXAS] grant under this subchapter [II] to the person and the
person's enrollment in an eligible institution.
SECTION 42. Section 56.405, Education Code, is amended to
read as follows:
Sec. 56.405. CONTINUING ELIGIBILITY AND ACADEMIC
PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a
[TEXAS] grant under this subchapter [II], a person may continue to
receive a [TEXAS] grant under this subchapter [II] during each
semester or term in which the person is enrolled at an eligible
institution only if the person:
(1) meets financial need requirements as defined by
the coordinating board;
(2) is enrolled in an associate degree or certificate
program at an eligible institution;
(3) is enrolled for at least one-half of a full course
load for a student in an associate degree or certificate program, as
determined by the coordinating board;
(4) makes satisfactory academic progress toward an
associate degree or certificate; and
(5) complies with any additional nonacademic
requirement adopted by the coordinating board.
(b) A person is not eligible to continue to receive a
[TEXAS] grant [II] under this section if the person has been
convicted of a felony or an offense under Chapter 481, Health and
Safety Code (Texas Controlled Substances Act), or under the law of
another jurisdiction involving a controlled substance as defined by
Chapter 481, Health and Safety Code, unless the person has met the
other applicable eligibility requirements under this subchapter
and has:
(1) received a certificate of discharge by the Texas
Department of Criminal Justice or a correctional facility or
completed a period of probation ordered by a court and at least two
years have elapsed from the date of the receipt or completion; or
(2) been pardoned, had the record of the offense
expunged from the person's record, or otherwise been released from
the resulting ineligibility to receive a grant under this
subchapter.
(c) If a person fails to meet any of the requirements of
Subsection (a) after the completion of any semester or term, the
person may not receive a [TEXAS] grant under this subchapter [II]
during the next semester or term in which the person enrolls. A
person may become eligible to receive a [TEXAS] grant under this
subchapter [II] in a subsequent semester or term if the person:
(1) completes a semester or term during which the
student is not eligible for a scholarship; and
(2) meets all the requirements of Subsection (a).
(d) For the purpose of this section, a person makes
satisfactory academic progress toward an associate degree or
certificate only if:
(1) in the person's first academic year the person
meets the satisfactory academic progress requirements of the
institution at which the person is enrolled; and
(2) in a subsequent academic year, the person:
(A) [(1)] completes at least 75 percent of the
semester credit hours attempted in the student's most recent
academic year; and
(B) has earned [(2) earns] an overall grade
point average of at least 2.5 on a four-point scale or the
equivalent on course work previously attempted at institutions of
higher education.
(e) A person who is eligible to receive a [TEXAS] grant
under this subchapter [II] continues to remain eligible to receive
the [TEXAS] grant [II] if the person enrolls in or transfers to
another eligible institution.
(f) The coordinating board shall adopt rules to allow a
person who is otherwise eligible to receive a grant under this
subchapter, in the event of a hardship or for other good cause
shown, including a showing of a severe illness or other
debilitating condition that may affect the person's academic
performance or that the person is responsible for the care of a
sick, injured, or needy person and that the person's provision of
care may affect the person's academic performance, to receive a
grant under this subchapter:
(1) while enrolled in a number of semester credit
hours that is less than the number of semester credit hours required
under Subsection (a)(3); or
(2) if the student's grade point average or completion
rate falls below the satisfactory academic progress requirements of
Subsection (d).
SECTION 43. Section 56.406, Education Code, is amended to
read as follows:
Sec. 56.406. GRANT USE. A person receiving a [TEXAS] grant
under this subchapter [II] may use the money to pay any usual and
customary cost of attendance at an eligible institution incurred by
the student. The institution may disburse all or part of the
proceeds of a [TEXAS] grant under this subchapter [II] to an
eligible person only if the tuition and required fees incurred by
the person at the institution have been paid.
SECTION 44. Subsections (a), (b), (c), (f), and (g),
Section 56.407, Education Code, are amended to read as follows:
(a) The amount of a [TEXAS] grant under this subchapter [II]
for a student enrolled full-time at an eligible institution is the
amount determined by the coordinating board as the average
statewide amount of tuition and required fees that a resident
student enrolled full-time in an associate degree or certificate
program would be charged for that semester or term at eligible
institutions.
(b) The coordinating board may adopt rules that allow the
coordinating board to increase or decrease, in proportion to the
number of semester credit hours in which a student is enrolled, the
amount of a [TEXAS] grant [II] award under this section to a student
who is enrolled in a number of semester credit hours in excess of or
below the number of semester credit hours described in Section
56.404(a)(4) or 56.405(a)(3).
(c) The amount of a [TEXAS] grant under this subchapter [II]
may not be reduced by any gift aid for which the person receiving
the grant is eligible, unless the total amount of a person's grant
plus any gift aid received exceeds the total cost of attendance at
an eligible institution.
(f) An eligible institution may not:
(1) charge a person attending the institution who also
receives a [TEXAS] grant under this subchapter [II] an amount of
tuition and required fees in excess of the amount of the [TEXAS]
grant under this subchapter [II] received by the person; or
(2) deny admission to or enrollment in the institution
based on a person's eligibility to receive a [TEXAS] grant under
this subchapter [II] or a person's receipt of a [TEXAS] grant under
this subchapter [II].
(g) An institution may use other available sources of
financial aid, other than a loan or a Pell grant, to cover any
difference in the amount of a [TEXAS] grant under this subchapter
[II] and the actual amount of tuition and required fees at the
institution.
SECTION 45. Subsection (b), Section 56.463, Education Code,
is amended to read as follows:
(b) Money in the Texas B-On-time student loan account may be
used only to pay any costs of the coordinating board related to the
operation of the Texas B-On-time loan program and as otherwise
provided by this subchapter.
SECTION 46. Subsection (b), Section 56.465, Education Code,
is amended to read as follows:
(b) The amount of tuition set aside under Subsection (a)
shall be deposited to the credit of the Texas B-On-time student loan
account established under Section 56.463 or to the interest and
sinking fund established by the coordinating board under Section
52.91(b) in accordance with the resolution of the board
establishing such fund.
SECTION 47. Section 61.066, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) The board shall conduct a biennial study to determine
the total cost of attending each institution of higher education
and the resources used by students to cover that cost, including the
amounts of money received by students at each institution from the
major sources of public and private financial aid, including
grants, loans, scholarships, gifts, and work-study programs. In
conducting the study, the board shall solicit information and
comments from the financial aid office at each institution of
higher education. Not later than November 1 of each even-numbered
year, the board shall report the findings of the study to each
legislative standing committee and subcommittee with primary
jurisdiction over higher education.
SECTION 48. Section 61.0776, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) The board, in cooperation with the entities specified by
Subsection (a) and the advisory committee established by Subsection
(b), shall develop a comprehensive financial aid training program
for public school counselors, employees of student financial aid
offices of public and private or independent institutions of higher
education, members of appropriate community-based organizations,
and other appropriate persons. The board may adopt rules as
necessary to administer the training program. The board shall
design the training program to:
(1) use the information required by Subsection (e) and
any other information necessary to carry out this subdivision:
(A) to inform persons receiving the training
concerning:
(i) the opportunities available to students
for obtaining financial aid, including eligibility requirements;
and
(ii) the procedures for obtaining financial
aid; and
(B) to provide sufficient and accessible detail
to enable the persons receiving the training to provide timely and
consistent answers to the questions of students and their parents,
conservators, or guardians concerning the opportunities and
procedures;
(2) teach methods to enable the persons receiving the
training to effectively communicate financial aid information to
students and their parents, conservators, or guardians;
(3) support and promote the dissemination of financial
aid information to students and their parents, conservators, or
guardians throughout local areas; and
(4) publicize the training and make the training
easily available to public school counselors and other appropriate
persons throughout this state.
SECTION 49. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.088 to read as follows:
Sec. 61.088. HIGHER EDUCATION ENROLLMENT ASSISTANCE
PROGRAM. (a) To the extent that funds are available for the
purpose, the board shall administer the Higher Education Enrollment
Assistance Program. Under the program, the board shall:
(1) provide information related to enrollment in
public or private or independent institutions of higher education,
including admissions and financial aid information, to prospective
students in three areas of this state identified by the board as
having a significant number of students who graduate from high
school and do not attend an institution of higher education; and
(2) assist those prospective students in completing
applications related to enrollment in those institutions,
including admissions and financial aid applications.
(b) To the extent that funds are available for the purpose,
the board shall expand the program to include additional areas
identified by the board as meeting the criteria specified by
Subsection (a).
(c) The board shall provide the information and assistance
required by this section at least twice each year at one or more
appropriate locations in each area served by the program.
(d) The board may coordinate with an institution of higher
education or other entity to provide the information and assistance
required by this section in each area served by the program.
(e) Not later than August 31 of each year, the board shall
submit to the legislature a report on the scope and effectiveness of
the program.
(f) The board shall adopt rules as necessary to implement
this section.
SECTION 50. Subchapter F, Chapter 61, Education Code, is
amended by adding Section 61.2251 to read as follows:
Sec. 61.2251. REESTABLISHING ELIGIBILITY FOR GRANT. If a
person who receives an initial tuition equalization grant after the
2004-2005 academic year fails to meet any of the applicable
requirements of this subchapter after the completion of any
semester or term, the person may not receive a tuition equalization
grant during the next semester or term in which the person enrolls.
The person may become eligible to receive a tuition equalization
grant in a subsequent semester or term if the person:
(1) completes a semester or term during which the
student is not eligible for a tuition equalization grant; and
(2) meets all the applicable requirements of this
subchapter.
SECTION 51. Section 61.227, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding any restrictions provided by Subsection
(c) on the amount of a grant, a tuition equalization grant for an
academic period for an undergraduate student who establishes
exceptional financial need in accordance with the procedures and
rules of the coordinating board may be certified by the
coordinating board in an amount not to exceed 150 percent of the
amount of the grant that the student would otherwise have been
awarded for that period under the other provisions of this section.
SECTION 52. Section 431.090, Government Code, is amended by
amending Subsection (g) and adding Subsections (h) and (i) to read
as follows:
(g) Before each semester at a time determined by the
adjutant general [Texas Higher Education Coordinating Board], the
adjutant general shall certify to the appropriate public and
private institutions of higher education [the coordinating board] a
list of the persons to whom the adjutant general has awarded tuition
assistance under this section for that semester. The amount of
tuition assistance awarded by the adjutant general under this
section may not exceed the amount of [After receipt of the list, the
coordinating board shall determine whether sufficient] money [is]
available to fund the tuition assistance awards [under Section
54.2155, Education Code. If the coordinating board determines that
sufficient money is not available, the board shall notify the
adjutant general, who shall reduce the number of awards according
to the amount of money available and certify to the coordinating
board a revised list of the persons to whom the adjutant general has
awarded tuition assistance].
(h) From money appropriated for purposes of this section,
the adjutant general shall authorize the comptroller to reimburse
an institution of higher education in an amount equal to the amount
of the tuition exemption the institution grants to a person under
Section 54.2155, Education Code.
(i) From money appropriated for purposes of this section,
the adjutant general shall authorize the comptroller to make a
grant to a person attending a private or independent institution of
higher education to whom the adjutant general has awarded tuition
assistance for the semester under this section. The amount of a
grant under this subsection is an amount equal to the average amount
of reimbursement the adjutant general estimates will be paid per
student for the same semester under Subsection (h).
SECTION 53. Subsection (b), Section 504.615,
Transportation Code, is amended to read as follows:
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the general revenue fund. The
money may be used only for:
(1) scholarships to students who demonstrate a need
for financial assistance under Texas Higher Education Coordinating
Board rule; or
(2) Texas Public Educational Grants awarded under
Subchapter C, Chapter 56, Education Code, if the fee is for the
issuance of a license plate for a college described by Subsection
(e)(1).
SECTION 54. Subchapter G, Chapter 504, Transportation Code,
is amended by adding Section 504.657 to read as follows:
Sec. 504.657. HIGHER EDUCATION COORDINATING BOARD LICENSE
PLATES. (a) The department shall issue specialty license plates
for the Texas Higher Education Coordinating Board. The department
shall design the license plates in consultation with the
coordinating board.
(b) After deduction of the department's administrative
costs, the remainder of the fee shall be deposited to the credit of
the "College For Texans" campaign account in the general revenue
fund for use only by the Texas Higher Education Coordinating Board
for purposes of the campaign.
SECTION 55. Subsections (b) and (h), Section 56.307,
Education Code, are repealed.
SECTION 56. Section 51.009, Education Code, as amended by
this Act, applies to fees collected on or after the effective date
of this Act. A fee collected before that date is governed by the law
in effect when the fee is collected, and that law is continued in
effect for that purpose.
SECTION 57. The initial term of a student regent appointed
for a state university system under Section 51.355, Education Code,
as added by this Act, or for a state university under Section
51.356, Education Code, as added by this Act, expires February 1,
2007. The appropriate student governments, the chancellor of each
state university system, the president of each state university
that is not a part of a university system, and the governor shall
take the actions required by Sections 51.355 and 51.356, Education
Code, as added by this Act, as soon as practicable after this Act
takes effect to select a student regent for each state university or
state university system for that initial term.
SECTION 58. (a) The Texas Higher Education Coordinating
Board shall study and make recommendations regarding:
(1) the feasibility of implementing an automatic
admissions program for undergraduate students who:
(A) earn an associate degree or certificate at a
junior college or similar institution; and
(B) apply to transfer to a general academic
teaching institution, as defined by Section 61.003, Education Code;
and
(2) appropriate academic requirements for eligibility
for automatic admission under such a program, such as the
completion of courses in the core curriculum, as defined by Section
61.821, Education Code, or achievement of a minimum grade point
average.
(b) Not later than October 1, 2006, the Texas Higher
Education Coordinating Board shall deliver to each legislative
standing committee or subcommittee with jurisdiction over higher
education a report containing the results of the study and the
related recommendations of the board.
SECTION 59. The Texas Higher Education Coordinating Board
shall, as necessary, adopt rules consistent with Sections 52.91,
56.463, and 56.465, Education Code, as amended by this Act, as soon
as practicable after this Act takes effect. For that purpose, the
coordinating board may adopt the rules in the manner provided by law
for emergency rules.
SECTION 60. (a) The Texas Higher Education Coordinating
Board shall conduct a study of the tuition exemptions and waivers
authorized under Chapter 54, Education Code. The study must
include an evaluation of the extent to which the tuition exemptions
and waivers:
(1) are a cost-effective and efficient method of
providing financial assistance to students when compared to other
types of available financial aid;
(2) are consistent with one another in regard to
eligibility requirements and application procedures;
(3) are capable of being efficiently or properly
administered by public institutions of higher education or other
applicable entities;
(4) effectively target students having substantial
financial need or effectively accomplish the other purposes of
those exemptions or waivers; and
(5) distribute tuition assistance fairly among
similarly situated students.
(b) Not later than November 1, 2006, the Texas Higher
Education Coordinating Board shall report the results of the study,
including the board's recommendations for administrative or
statutory changes to address the board's findings, to the governing
board of each public institution of higher education and to the
presiding officer of each legislative standing committee and
subcommittee with primary jurisdiction over higher education.
(c) This section expires January 1, 2007.
SECTION 61. Subsection (f), Section 54.007, and Section
54.0071, Education Code, as added by this Act, apply beginning with
the 2006 spring semester.
SECTION 62. (a) The change in law made by this Act to
Section 54.214, Education Code, applies to eligibility for an
exemption from payment of tuition and fees for an academic period
beginning with the 2005 fall semester and applies regardless of
whether a person would have been exempt from payment of tuition and
fees under Subsection (c), Section 54.214, Education Code, as that
subsection existed before the amendment made by this Act.
Eligibility for an exemption from payment of tuition and fees for an
academic period before the 2005 fall semester is covered by the
applicable law in effect before the effective date of this Act, and
the former law is continued in effect for that purpose.
(b) The Texas Higher Education Coordinating Board shall, as
necessary, adopt rules consistent with Subsection (c), Section
54.214, Education Code, as amended by this Act, as soon as
practicable after this Act takes effect. For that purpose, the
coordinating board may adopt the rules in the manner provided by law
for emergency rules. This subsection expires May 1, 2006.
SECTION 63. The changes in law made by this Act to Section
54.2155, Education Code, and Section 431.090, Government Code,
apply beginning with tuition assistance awards for the 2006-2007
academic year. Tuition assistance awards for an academic year
before the 2006-2007 academic year are covered by the law in effect
immediately preceding the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 64. Sections 56.051 and 56.052, Education Code, as
amended by this Act, apply beginning with the 2006 spring semester.
The law governing emergency student loans in effect immediately
before the effective date of this Act applies to those loans for a
semester or term before the 2006 spring semester, and the former law
is continued in effect for that purpose.
SECTION 65. The changes in law made by this Act to Section
56.076, Education Code, apply only to an agreement entered into by
an institution of higher education and an employer under that
section on or after the effective date of this Act.
SECTION 66. As soon as practicable after this Act takes
effect, the Texas Higher Education Coordinating Board shall revise
rules adopted under Subsection (a), Section 56.209, Education Code,
as necessary to conform to changes made by this Act to Subchapter K,
Chapter 56, Education Code. For that purpose, the coordinating
board may adopt the revisions to those rules in the manner provided
by law for emergency rules. This section expires September 1, 2006.
SECTION 67. The Texas Higher Education Coordinating Board
shall:
(1) study alternative methods of funding the Toward
EXcellence, Access, & Success (TEXAS) grant program created under
Subchapter M, Chapter 56, Education Code; and
(2) not later than September 1, 2006, report to the
Legislative Oversight Committee on the TEXAS grant program and
Teach for Texas grant program concerning the results of the study.
SECTION 68. The change in law made by this Act to Subchapter
M, Chapter 56, Education Code, applies beginning with the 2005-2006
academic year, but does not affect the amount of or entitlement to
any grant awarded before the effective date of this Act.
SECTION 69. The change in law made by this Act relating to
the eligibility of a person to receive a Texas Educational
Opportunity Grant applies to each Texas Educational Opportunity
Grant awarded on or after the effective date of this Act.
SECTION 70. The Texas Higher Education Coordinating Board
shall make the initial report required by Subsection (c), Section
61.066, Education Code, as added by this Act, not later than
November 1, 2006.
SECTION 71. The Texas Higher Education Coordinating Board
shall implement the comprehensive financial aid training program
under Subsection (f), Section 61.0776, Education Code, as added by
this Act, not later than January 1, 2006.
SECTION 72. The change in law made by this Act by adding
Section 61.2251, Education Code, applies beginning with tuition
equalization grants for the 2005-2006 academic year, but only for
tuition equalization grants awarded on or after the effective date
of this Act. A tuition equalization grant awarded before the
effective date of this Act is governed by the law in effect
immediately before the effective date, and the former law is
continued in effect for that purpose.
SECTION 73. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1227 passed the Senate on
May 2, 2005, by the following vote: Yeas 31, Nays 0;
May 27, 2005, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2005, House
granted request of the Senate; May 29, 2005, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1227 passed the House, with
amendments, on May 25, 2005, by the following vote: Yeas 147,
Nays 0, two present not voting; May 27, 2005, House granted request
of the Senate for appointment of Conference Committee;
May 29, 2005, House adopted Conference Committee Report by the
following vote: Yeas 105, Nays 41, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor