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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of relatives of public college and |
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university board members to receive certain scholarships; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.969 to read as follows: |
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Sec. 51.969. ELIGIBILITY FOR SCHOLARSHIP; STATEMENT |
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REQUIRED. (a) In this section, "institution of higher education" |
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and "university system" have the meanings assigned by Section |
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61.003. |
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(b) A person is not eligible to receive a scholarship |
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originating from and administered by an institution of higher |
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education or university system if the person is related to a current |
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member of the governing board of the institution or system, unless: |
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(1) the scholarship is granted by a private |
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organization or third party not affiliated with the institution of |
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higher education or university system; |
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(2) the scholarship is awarded exclusively on the |
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basis of prior academic merit; |
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(3) the scholarship is an athletic scholarship; or |
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(4) the relationship is not within the third degree by |
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consanguinity or the second degree by affinity, as determined under |
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Subchapter B, Chapter 573, Government Code. |
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(c) A person applying for a scholarship originating from and |
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administered by an institution of higher education or university |
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system must file a written statement with the application |
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indicating whether the person is related within the third degree by |
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consanguinity or the second degree by affinity to a current member |
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of the governing board of the institution or system. |
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(d) The Texas Higher Education Coordinating Board shall |
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adopt rules for the administration of this section and shall |
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prescribe the statement to be used under this section. The |
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coordinating board shall notify each institution of higher |
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education and university system of the required statement and |
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applicable rules. |
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(e) A person commits an offense if the person knowingly |
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files a false statement under Subsection (c). |
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(f) An offense under Subsection (e) is a Class B |
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misdemeanor. |
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SECTION 2. (a) Not later than January 1, 2008, the Texas |
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Higher Education Coordinating Board shall prescribe the required |
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statement and adopt the rules required by Section 51.969, Education |
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Code, as added by this Act. |
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(b) Subsection (b), Section 51.969, Education Code, as |
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added by this Act, applies only to a scholarship for which a |
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scholarship application was filed on or after January 1, 2008. A |
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scholarship for which a scholarship application was filed before |
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that date is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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(c) Subsections (c), (e), and (f), Section 51.969, |
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Education Code, as added by this Act, apply only to a scholarship |
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application filed on or after January 1, 2008. A scholarship |
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application filed before that date is governed by the law in effect |
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on the date the application was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |