By: Gattis, et al. (Senate Sponsor - Ogden) H.B. No. 3452
         (In the Senate - Received from the House May 14, 2009;
  May 15, 2009, read first time and referred to Committee on Veteran
  Affairs and Military Installations; May 22, 2009, reported
  adversely, with favorable Committee Substitute by the following
  vote: Yeas 4, Nays 0; May 22, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3452 By:  Davis
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the establishment of the Texas Armed Services
  Scholarship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 61, Education Code, is amended by adding
  Subchapter FF to read as follows:
  SUBCHAPTER FF. TEXAS ARMED SERVICES SCHOLARSHIP PROGRAM
         Sec. 61.9771.  SCHOLARSHIP PROGRAM; SCHOLARSHIP AMOUNT. The
  board shall establish and administer, in accordance with this
  subchapter and board rules, the Texas Armed Services Scholarship
  Program under which the board provides an annual conditional
  scholarship of $5,000 to a student who meets the eligibility
  criteria prescribed by Section 61.9772 and is appointed to receive
  a scholarship.
         Sec. 61.9772.  ELIGIBILITY; NOMINATION AND SELECTION. (a)
  To receive an initial scholarship under this subchapter, a student
  must:
               (1)  be enrolled as a freshman in a public or private
  institution of higher education in this state;
               (2)  enroll in and be a member in good standing of a
  Reserve Officers' Training Corps (ROTC) program while enrolled in a
  public or private institution of higher education in this state;
               (3)  be appointed to receive a scholarship by the
  governor, the lieutenant governor, a state senator, or a state
  representative; and
               (4)  enter into an agreement with the board under
  Section 61.9773.
         (b)  In each year, the governor and the lieutenant governor
  may each appoint two students and each state senator and each state
  representative may appoint one student to receive an initial
  scholarship under this subchapter.
         (c)  For a student to continue to receive a scholarship
  awarded under this subchapter, the student must maintain
  satisfactory academic progress as determined by the institution in
  which the student is enrolled.
         Sec. 61.9773.  AGREEMENT REQUIREMENTS. (a)  To receive a
  scholarship under this subchapter, a student must enter into an
  agreement with the board as provided by this section.  The agreement
  must require the student to:
               (1)  complete four years of ROTC training;
               (2)  graduate not later than five years after the date
  the student first enrolls in a public or private institution of
  higher education in this state;
               (3)  after graduation, enter into:
                     (A)  a four-year commitment to be a member of the
  Texas State Guard or the Texas Army or Air Force National Guard; or
                     (B)  a contract to serve as a commissioned officer
  in any branch of the armed services of the United States;
               (4)  meet the physical examination requirements and all
  other prescreening requirements of the Texas State Guard, the Texas
  Army or Air Force National Guard, or the branch of the armed
  services with which the student enters into a contract; and
               (5)  agree to repay the scholarship if the student:
                     (A)  fails to maintain satisfactory academic
  progress;
                     (B)  withdraws from the scholarship program; or
                     (C)  fails to fulfill a commitment or contract
  described by Subdivision (3).
         (b)  The board shall adopt rules to exempt a student from the
  repayment of a scholarship under an agreement entered into under
  this section if the student is unable to meet the obligations of the
  agreement solely as a result of physical inability.
         Sec. 61.9774.  RULES. (a) The board shall adopt rules as
  necessary for the administration of this subchapter, including
  rules regarding the eligibility criteria and the selection of
  scholarship recipients.
         (b)  The board by rule shall provide that any amount paid to a
  student by a branch of the armed services of the United States
  during an academic year for which the student receives a
  scholarship under this subchapter because the student is under a
  contract with that branch shall be deducted from the amount of the
  scholarship awarded to the student for that academic year.
         Sec. 61.9775.  LIMITATION ON SCHOLARSHIP. A person may not
  receive a scholarship under this subchapter after earning a
  cumulative total of 150 credit hours or after being awarded a
  baccalaureate degree, whichever occurs first.
         Sec. 61.9776.  FUNDING. The board shall administer this
  subchapter using available appropriations and gifts, grants, and
  donations made for the purposes of this subchapter.
         SECTION 2.  The Texas Higher Education Coordinating Board
  shall award scholarships under Subchapter FF, Chapter 61, Education
  Code, as added by this Act, beginning with the 2010-2011 academic
  year. The coordinating board shall adopt the rules required by that
  subchapter as soon as practicable after this Act takes effect.
         SECTION 3.  This Act does not make an appropriation. A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 4.  This Act takes effect September 1, 2009.
 
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