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  83R2310 KJM-D
 
  By: Birdwell S.B. No. 838
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to giving priority to United States citizens and permanent
  resident aliens in awarding state-funded student financial
  assistance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.954 to read as follows:
         Sec. 51.954.  PRIORITY FOR CITIZENS AND PERMANENT RESIDENTS
  IN AWARDING STATE-FUNDED STUDENT FINANCIAL ASSISTANCE. (a)
  Notwithstanding any other provision of this title, if for any
  semester or other academic term the amount of money available for a
  state-funded program that provides financial assistance, including
  scholarships or loan repayments, to students for use in attending a
  public or private institution of higher education is insufficient
  to provide the financial assistance to all eligible applicants in
  amounts authorized under the program, program money must first be
  distributed to eligible applicants who are United States citizens
  or permanent resident aliens in the total maximum amount that may be
  distributed under the program to those applicants, based on the
  number of those applicants and applicable program requirements and
  limitations, before any program money may be distributed to an
  eligible applicant who is not a United States citizen or permanent
  resident alien.
         (b)  The Texas Higher Education Coordinating Board shall
  adopt rules as necessary to administer this section.
         SECTION 2.  The Texas Higher Education Coordinating Board
  shall adopt any rules necessary under Section 51.954, Education
  Code, as added by this Act, as soon as practicable after this Act
  takes effect. For that purpose, the coordinating board may adopt
  the initial rules in the manner provided by law for emergency rules.
         SECTION 3.  Section 51.954, Education Code, as added by this
  Act, applies beginning with state-funded student financial
  assistance for the 2013 fall semester, except that that section
  does not affect the amount of any student financial assistance
  awarded before the effective date of this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.