By: West S.B. No. 1325
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of relatives of public college and
university board members to receive certain scholarships;
providing a criminal penalty.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.969 to read as follows:
       Sec. 51.969.  ELIGIBILITY FOR SCHOLARSHIP; STATEMENT
REQUIRED. (a)  In this section, "institution of higher education"
and "university system" have the meanings assigned by Section
61.003.
       (b)  A person is not eligible to receive a scholarship
originating from and administered by an institution of higher
education or university system if the person is related to a current
member of the governing board of the institution or system, unless:
             (1)  the scholarship is granted by a private
organization or third party not affiliated with the institution of
higher education or university system;
             (2)  the scholarship is awarded exclusively on the
basis of prior academic merit;
             (3)  the scholarship is an athletic scholarship; or
             (4)  the relationship is not within the third degree by
consanguinity or the second degree by affinity, as determined under
Subchapter B, Chapter 573, Government Code.
       (c)  A person applying for a scholarship originating from and
administered by an institution of higher education or university
system must file a written statement with the application
indicating whether the person is related within the third degree by
consanguinity or the second degree by affinity to a current member
of the governing board of the institution or system.
       (d)  The Texas Higher Education Coordinating Board shall
adopt rules for the administration of this section and shall
prescribe the statement to be used under this section. The
coordinating board shall notify each institution of higher
education and university system of the required statement and
applicable rules.
       (e)  A person commits an offense if the person knowingly
files a false statement under Subsection (c).
       (f)  An offense under Subsection (e) is a Class B
misdemeanor.
       SECTION 2.  (a)  Not later than January 1, 2008, the Texas
Higher Education Coordinating Board shall prescribe the required
statement and adopt the rules required by Section 51.969, Education
Code, as added by this Act.
       (b)  Subsection (b), Section 51.969, Education Code, as
added by this Act, applies only to a scholarship for which a
scholarship application was filed on or after January 1, 2008. A
scholarship for which a scholarship application was filed before
that date is governed by the law in effect on the date the
application was filed, and the former law is continued in effect for
that purpose.
       (c)  Subsections (c), (e), and (f), Section 51.969,
Education Code, as added by this Act, apply only to a scholarship
application filed on or after January 1, 2008. A scholarship
application filed before that date is governed by the law in effect
on the date the application was filed, and the former law is
continued in effect for that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.