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Amend Floor Amendment No. 1 (floor substitute) by
Representative Branch to CSSB 175 by adding the following
appropriately numbered SECTIONS to the bill and renumbering
existing SECTIONS of the bill accordingly:
SECTION ____. Chapter 56, Education Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. SCHOLARSHIPS FOR STUDENTS GRADUATING
IN TOP 10 PERCENT OF HIGH SCHOOL CLASS
Sec. 56.481. PURPOSE. The purpose of this program is to
encourage attendance at public institutions of higher education in
this state by outstanding high school students in the top 10 percent
of their graduating class.
Sec. 56.482. DEFINITIONS. In this subchapter:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(3) "Program" means the scholarship program
authorized by this subchapter.
Sec. 56.483. AWARD OF SCHOLARSHIP. (a) The coordinating
board shall award scholarships to eligible students under this
subchapter.
(b) An institution of higher education shall provide to a
student who receives a scholarship under the program for a semester
or other academic term:
(1) a credit in the amount of the scholarship, to be
applied toward the payment of any amount of educational costs
charged by the institution for that semester or term; and
(2) a check, electronic transfer, or other
disbursement of any remaining scholarship amount.
(c) An amount paid under Subsection (b)(2) may be applied
only to any usual and customary cost incurred by the student to
attend the institution of higher education.
Sec. 56.484. INITIAL ELIGIBILITY FOR SCHOLARSHIP. To be
eligible for a scholarship under this subchapter, a student must:
(1) have graduated from a public or accredited private
high school in this state while ranked in the top 10 percent of the
student's graduating class, subject to Section 56.487(b);
(2) have completed the recommended or advanced high
school curriculum established under Section 28.025 or its
equivalent;
(3) have applied for admission as a first-time
freshman student for the 2010-2011 academic year or a subsequent
academic year to an institution of higher education that has
elected to offer admissions for that academic year to applicants as
provided by Section 51.803(a-1);
(4) enroll as a first-time freshman student in an
institution of higher education not later than the 16th month after
the date of the student's high school graduation;
(5) have been awarded a TEXAS grant under Subchapter
M, Chapter 56, Education Code, for the same semester or other
academic term for which the scholarship will be awarded;
(6) be a Texas resident under Section 54.052; and
(7) comply with any other eligibility requirements
established by coordinating board rule.
Sec. 56.485. INELIGIBILITY FOR SCHOLARSHIP.
Notwithstanding Section 56.484, a student is not eligible for an
initial or subsequent scholarship under this subchapter if the
student was offered admission as a first-time freshman student to
any institution of higher education for an academic year for which
that institution made admissions under Section 51.803(a-1),
regardless of whether the student subsequently enrolls at that
institution.
Sec. 56.486. AMOUNT OF SCHOLARSHIP. (a) Except as provided
by Subsection (b), the amount of a scholarship for each semester or
other academic term in which an eligible student is enrolled at an
institution of higher education is an amount sufficient to cover,
but not exceed, the amount of tuition charged to the student for
that semester or term.
(b) The amount of a scholarship for each semester or other
academic term may not exceed the amount of student's unmet
financial need for that semester or term after any other gift aid
has been awarded.
(c) The coordinating board shall issue to each eligible
student a certificate indicating the amount of the scholarship
awarded to the student.
Sec. 56.487. APPLICATION PROCEDURE. (a) The coordinating
board shall establish application procedures for the program. The
procedures may require an officer of the applicable high school or
school district to verify the eligibility of a student to receive a
scholarship under the program.
(b) The coordinating board may permit a student to establish
initial eligibility based on the student's class rank at the end of
the student's seventh semester in high school. The board may revoke
an initial scholarship awarded to a student who subsequently loses
eligibility based on the student's class rank on graduation from
high school.
(c) The coordinating board may consider applications
received after the application deadline only if sufficient funding
for scholarships remains after the board awards scholarships to all
eligible students who applied on or before the deadline.
(d) The coordinating board shall establish procedures to
notify each eligible student of the receipt of a scholarship under
the program and to enable an institution of higher education to
verify the award of a scholarship to a student who is enrolled at
that institution.
Sec. 56.488. CONTINUING ELIGIBILITY FOR SCHOLARSHIP. (a)
After establishing eligibility to receive an initial scholarship
under the program, a student may continue to receive additional
scholarships during each subsequent semester or other academic term
in which the student is enrolled at an institution of higher
education if the student:
(1) makes satisfactory academic progress as required
by Section 56.489;
(2) submits to the institution transcripts for any
coursework completed at other public or private institutions of
higher education;
(3) has been awarded a TEXAS grant under Subchapter M,
Chapter 56, Education Code, for the same semester or other academic
term for which the scholarship will be awarded; and
(4) complies with any other eligibility requirements
established by coordinating board rule.
(b) If a student fails to meet any of the requirements of
Subsection (a) after completing a semester or other academic term,
the student may not receive a scholarship during the next semester
or other academic term in which the student enrolls. A student may
become eligible to receive a scholarship in a subsequent semester
or term if the student:
(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).
(c) Except as provided by Section 56.490(b), a student's
eligibility for a scholarship under the program ends on the fourth
anniversary of the first day of the semester or other academic term
for which the student was awarded an initial scholarship under the
program.
Sec. 56.489. SATISFACTORY ACADEMIC PROGRESS. For each
academic year in which a student receives one or more scholarships
under the program, the student must:
(1) complete for that year:
(A) at least 75 percent of all credit hours
attempted, as determined by the institution of higher education in
which the student is enrolled; and
(B) at least 30 credit hours or the number of
credit hours needed to complete the student's degree or certificate
program, whichever is less; and
(2) maintain an overall grade point average of at
least 3.25 on a four-point scale or its equivalent for all
coursework attempted at any public or private institution of higher
education.
Sec. 56.490. EXCEPTION FOR HARDSHIP OR OTHER GOOD CAUSE.
(a) Each institution of higher education shall adopt a policy to
allow a student who fails to make satisfactory academic progress as
required by Section 56.489 to receive a scholarship in a subsequent
semester or other academic term on a showing of hardship or other
good cause, including:
(1) a showing of a severe illness or other
debilitating condition that could affect the student's academic
performance;
(2) an indication that the student is responsible for
the care of a sick, injured, or needy person and that the student's
provision of care could affect the student's academic performance;
or
(3) any other cause considered acceptable by the
coordinating board.
(b) An institution of higher education may extend the
eligibility period described by Section 56.488(c) in the event of
hardship or other good cause as provided by the institution's
policy adopted under Subsection (a).
(c) An institution of higher education shall maintain
documentation of each exception granted to a student under this
section and shall provide timely notice of those exceptions to the
coordinating board.
Sec. 56.491. PUBLICATION OF PROGRAM INFORMATION. (a) The
coordinating board shall publish and disseminate general
information and rules for the program as provided by Subsection (b)
and as otherwise considered appropriate by the board.
(b) The coordinating board shall provide application
instructions to:
(1) each school district and each institution of
higher education; and
(2) an individual student on request.
Sec. 56.492. REIMBURSEMENT. (a) Each institution of
higher education that provides scholarships under the program to
eligible students enrolled at the institution is entitled to
reimbursement by the coordinating board of the amounts provided.
The institution must request reimbursement in the manner specified
by coordinating board rule.
(b) On approval of an institution's request for
reimbursement, the coordinating board shall direct the comptroller
to transfer the appropriate amount to the institution. The
institution may use the transferred funds as reimbursement for any
credits provided to students under this subchapter, to reimburse
students for charges previously paid to the institution, or to make
scholarship payments to students, as applicable.
Sec. 56.493. RULES. The coordinating board shall adopt
rules as necessary to administer the program under this subchapter.
SECTION ____. (a) The Texas Higher Education Coordinating
Board shall adopt rules to administer Subchapter R, Chapter 56,
Education Code, as added by this Act, as soon as practicable after
the effective date of this Act. For that purpose, the coordinating
board may adopt the initial rules in the manner provided by law for
emergency rules.
(b) The Texas Higher Education Coordinating Board shall
begin awarding scholarships under Subchapter R, Chapter 56,
Education Code, as added by this Act, for the first academic year
for which money is appropriated for that purpose, except that the
coordinating board may not award scholarships under that subchapter
for an academic year before the 2010-2011 academic year.