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AN ACT
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relating to the establishment of the Texas Armed Services |
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Scholarship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 61, Education Code, is amended by adding |
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Subchapter FF to read as follows: |
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SUBCHAPTER FF. TEXAS ARMED SERVICES SCHOLARSHIP PROGRAM |
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Sec. 61.9771. SCHOLARSHIP PROGRAM; SCHOLARSHIP AMOUNT. (a) |
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The board shall establish and administer, in accordance with this |
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subchapter and board rules, the Texas Armed Services Scholarship |
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Program under which the board provides an annual conditional |
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scholarship to a student who meets the eligibility criteria |
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prescribed by Section 61.9772 and is appointed to receive a |
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scholarship. |
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(b) The amount of a scholarship under this subchapter in an |
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academic year is the lesser of: |
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(1) $15,000; or |
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(2) the amount available for each scholarship from |
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appropriations that may be used for scholarships under this |
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subchapter for that academic year. |
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Sec. 61.9772. ELIGIBILITY; NOMINATION AND SELECTION. (a) |
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To receive an initial scholarship under this subchapter, a student |
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must: |
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(1) be enrolled as a freshman in a public or private |
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institution of higher education in this state; |
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(2) enroll in and be a member in good standing of a |
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Reserve Officers' Training Corps (ROTC) program while enrolled in a |
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public or private institution of higher education in this state; |
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(3) be appointed to receive a scholarship by the |
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governor, the lieutenant governor, a state senator, or a state |
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representative; and |
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(4) enter into an agreement with the board under |
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Section 61.9773. |
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(b) In each year, the governor and the lieutenant governor |
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may each appoint two students and each state senator and each state |
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representative may appoint one student to receive an initial |
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scholarship under this subchapter. |
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(c) For a student to continue to receive a scholarship |
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awarded under this subchapter, the student must maintain |
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satisfactory academic progress as determined by the institution in |
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which the student is enrolled. |
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Sec. 61.9773. AGREEMENT REQUIREMENTS. (a) To receive a |
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scholarship under this subchapter, a student must enter into an |
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agreement with the board as provided by this section. The agreement |
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must require the student to: |
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(1) complete four years of ROTC training; |
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(2) graduate not later than five years after the date |
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the student first enrolls in a public or private institution of |
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higher education in this state; |
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(3) after graduation, enter into: |
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(A) a four-year commitment to be a member of the |
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Texas Army or Air Force National Guard; or |
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(B) a contract to serve as a commissioned officer |
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in any branch of the armed services of the United States; |
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(4) meet the physical examination requirements and all |
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other prescreening requirements of the Texas Army or Air Force |
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National Guard or the branch of the armed services with which the |
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student enters into a contract; and |
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(5) agree to repay the scholarship if the student: |
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(A) fails to maintain satisfactory academic |
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progress; |
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(B) withdraws from the scholarship program; or |
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(C) fails to fulfill a commitment or contract |
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described by Subdivision (3). |
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(b) The board shall adopt rules to exempt a student from the |
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repayment of a scholarship under an agreement entered into under |
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this section if the student is unable to meet the obligations of the |
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agreement solely as a result of physical inability. |
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Sec. 61.9774. RULES. (a) The board shall adopt rules as |
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necessary for the administration of this subchapter, including |
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rules regarding the eligibility criteria and the selection of |
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scholarship recipients. |
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(b) The board by rule shall provide that any amount paid to a |
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student by a branch of the armed services of the United States |
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during an academic year for which the student receives a |
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scholarship under this subchapter because the student is under a |
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contract with that branch shall be deducted from the amount of the |
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scholarship awarded to the student for that academic year. |
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Sec. 61.9775. LIMITATION ON SCHOLARSHIP. A person may not |
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receive a scholarship under this subchapter after earning a |
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cumulative total of 150 credit hours or after being awarded a |
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baccalaureate degree, whichever occurs first. |
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Sec. 61.9776. FUNDING. The board shall administer this |
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subchapter using available appropriations and gifts, grants, and |
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donations made for the purposes of this subchapter. |
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SECTION 2. The Texas Higher Education Coordinating Board |
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shall award scholarships under Subchapter FF, Chapter 61, Education |
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Code, as added by this Act, beginning with the 2010-2011 academic |
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year. The coordinating board shall adopt the rules required by that |
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subchapter as soon as practicable after this Act takes effect. |
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SECTION 3. This Act does not make an appropriation. A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3452 was passed by the House on May |
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13, 2009, by the following vote: Yeas 145, Nays 1, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3452 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3452 on May 31, 2009, by the following vote: Yeas 145, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3452 was passed by the Senate, with |
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amendments, on May 23, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3452 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |