Texas 2009 - 81st Regular

Texas House Bill HB2440 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2440
2	2
3	3
4	4	AN ACT
5	5	relating to scholarships for fifth-year accounting students.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 901.155, Occupations Code, is amended to
8	8	read as follows:
9	9	Sec. 901.155. SCHOLARSHIP TRUST FUND [ACCOUNT] FOR
10	10	FIFTH-YEAR ACCOUNTING STUDENTS. (a) The fee for the issuance or
11	11	renewal of a license under this chapter is the amount of the fee set
12	12	by the board under Section 901.154 together with the fee increase
13	13	imposed under Section 901.406 and an additional $10 annual [$20]
14	14	fee to be deposited to the credit of the scholarship trust fund
15	15	[account] for fifth-year accounting students [in the general
16	16	revenue fund].
17	17	(b) The scholarship trust fund [account] for fifth-year
18	18	accounting students is held by the board outside the state treasury
19	19	and may be used only to:
20	20	(1) provide scholarships under Subchapter N[, Chapter
21	21	61, Education Code,] to accounting students in the fifth year of a
22	22	program designed to qualify each student to apply for certification
23	23	as a certified public accountant; and
24	24	(2) pay administrative costs under Subsection (c).
25	25	(c) The administrative costs incurred to collect the fee
26	26	imposed under Subsection (a) and to disburse the money may not
27	27	exceed 10 [15] percent of the total money collected[, with 10
28	28	percent of the money allocated to the Texas Higher Education
29	29	Coordinating Board and five percent of the money allocated to the
30	30	board].
31	31	(d) Notwithstanding Section 404.071, Government Code,
32	32	interest earned on amounts in the scholarship trust fund [account]
33	33	for fifth-year accounting students shall be credited to that fund
34	34	[account].
35	35	SECTION 2. Subchapter N, Chapter 61, Education Code, is
36	36	transferred to Chapter 901, Occupations Code, designated as
37	37	Subchapter N, Chapter 901, Occupations Code, and amended to read as
38	38	follows:
39	39	SUBCHAPTER N. SCHOLARSHIPS FOR FIFTH-YEAR ACCOUNTING STUDENTS
40	40	Sec. 901.651 [61.751]. DEFINITION. In this subchapter,
41	41	"fifth-year accounting student" means a student enrolled in the
42	42	additional hours of study required by Section 901.254 [12(e)(2)(B),
43	43	Public Accountancy Act of 1991 (Article 41a-1, Vernon's Texas Civil
44	44	Statutes)].
45	45	Sec. 901.652 [61.752]. PUBLIC PURPOSE. The scholarships
46	46	required by this subchapter serve a public purpose of the state as
47	47	described by Section 901.155 [32, Public Accountancy Act of 1991
48	48	(Article 41a-1, Vernon's Texas Civil Statutes)].
49	49	Sec. 901.653 [61.753]. SCHOLARSHIPS. The board shall
50	50	establish and administer, using funds collected and appropriated
51	51	for that purpose and in accordance with this subchapter and board
52	52	rules, scholarships for fifth-year accounting students.
53	53	Sec. 901.654 [61.754]. FACTORS. (a) Scholarships shall be
54	54	established and administered in a manner that the board determines
55	55	best serves the public purpose of the scholarships.
56	56	(b) In determining what best promotes the public purpose,
57	57	the board shall consider at a minimum the following factors
58	58	relating to each person applying for a scholarship under this
59	59	section:
60	60	(1) financial need;
61	61	(2) ethnic or racial minority status; and
62	62	(3) scholastic ability and performance.
63	63	Sec. 901.655 [61.755]. RULES. (a) The board shall adopt
64	64	rules as necessary for the administration of this subchapter.
65	65	(b) The board shall adopt rules relating to the
66	66	establishment of the scholarships under Section 901.653 [61.753 of
67	67	this code], including rules providing eligibility criteria and the
68	68	determination of the amount of each scholarship.
69	69	Sec. 901.656 [61.756]. SCHOLARSHIP REGULATIONS. (a) The
70	70	board, in consultation with the advisory committee appointed under
71	71	Section 901.657 [61.757], shall determine the maximum amount of any
72	72	scholarship awarded under this subchapter. The scholarship may be
73	73	spent by the recipient on the expenses for tuition, fees, books,
74	74	supplies, and living expenses incurred by the student in connection
75	75	with the student's fifth year of an accounting program.
76	76	Scholarships shall be made available to eligible students
77	77	attending:
78	78	(1) any institution of higher education; or
79	79	(2) any nonprofit independent institution approved by
80	80	the Texas Higher Education Coordinating Board [board] under Section
81	81	61.222, Education Code.
82	82	(b) The board may award a scholarship under this subchapter
83	83	only to an eligible student who intends to take the written
84	84	examination conducted by the board [Texas State Board of Public
85	85	Accountancy] for the purpose of granting a certificate of
86	86	"certified public accountant." An applicant for a scholarship
87	87	under this subchapter shall state such an intent by filing a form
88	88	provided by the board stating an intent to take the examination.
89	89	(c) A scholarship under this subchapter shall be paid to the
90	90	recipient in the form of periodic partial payments throughout the
91	91	school year. The board by rule shall determine the manner in which
92	92	these payments are made.
93	93	Sec. 901.657 [61.757]. ADVISORY COMMITTEE. (a) The board
94	94	shall appoint an eight-member advisory committee to advise the
95	95	board concerning scholarships provided under this subchapter. The
96	96	advisory committee consists of:
97	97	(1) a presiding officer named by the board;
98	98	(2) one representative named by the board [Texas State
99	99	Board of Public Accountancy];
100	100	(3) one representative named by the Texas Society of
101	101	Certified Public Accountants;
102	102	(4) a Texas representative of the American Accounting
103	103	Association named by that organization;
104	104	(5) one representative named by the National
105	105	Association of Black Accountants;
106	106	(6) one representative named by the American
107	107	Association of Hispanic Certified Public Accountants; and
108	108	(7) two representatives named by the Texas Higher
109	109	Education Coordinating Board [board] who are the chairmen of
110	110	accounting departments at Texas colleges and universities, at least
111	111	one of whom must be a representative of a private college or
112	112	university and at least one other of whom must be a representative
113	113	from a college or university that primarily serves minority
114	114	students.
115	115	(b) The costs of participation on an advisory committee of a
116	116	member representing a particular organization or agency shall be
117	117	borne by that member of the organization or agency the member
118	118	represents.
119	119	(c) In addition to any other duties assigned by the board,
120	120	the advisory committee specifically shall advise the board on:
121	121	(1) how the scholarships provided for under this
122	122	subchapter should be established and administered to best promote
123	123	the public purpose of the scholarships;
124	124	(2) the amount of money needed to adequately fund the
125	125	scholarships and the maximum amount that may be awarded in any given
126	126	year to an individual student; and
127	127	(3) any priorities among the factors identified by
128	128	Section 901.654 [61.754].
129	129	Sec. 901.658 [61.758]. FUNDING. The board may:
130	130	(1) use without appropriation, in accordance with
131	131	Article 8930, Revised Statutes, this subchapter, and Section
132	132	901.155 [32, Public Accountancy Act of 1991 (Article 41a-1,
133	133	Vernon's Texas Civil Statutes)], any money [appropriated to it]
134	134	from the trust fund established under Section 901.155 [by that
135	135	section]; and
136	136	(2) accept gifts, grants, and donations of real or
137	137	personal property from any entity, subject to limitations or
138	138	conditions set by law, for the purposes of this subchapter.
139	139	Sec. 901.659 [61.760]. MINORITY AND DISADVANTAGED STUDENT
140	140	INTERNSHIPS. (a) The board shall adopt rules to encourage
141	141	internships for minority and disadvantaged students and certified
142	142	public accountant examination candidates who notify the board not
143	143	later than 90 days after the date of being accepted into an
144	144	accounting internship program.
145	145	(b) The rules adopted by the board shall include standards
146	146	for appropriate recognition of an accounting firm for its efforts
147	147	in training and hiring minority or disadvantaged students.
148	148	SECTION 3. Section 61.081, Education Code, is transferred
149	149	to Subchapter N, Chapter 901, Occupations Code, as added by this
150	150	Act, redesignated as Section 901.660, Occupations Code, and amended
151	151	to read as follows:
152	152	Sec. 901.660 [61.081]. REPORT ON ACCOUNTANT SCHOLARSHIP
153	153	PROGRAM. (a) Before January 15 of each odd-numbered year, the
154	154	board shall report to the legislature concerning the scholarship
155	155	program for fifth-year accounting students administered by the
156	156	board under [Subchapter N, Chapter 61, of] this subchapter [code].
157	157	(b) The report expenses shall be included in the
158	158	administrative costs allocated to the board under Section 901.155
159	159	[32(e) of this code]. The report must include:
160	160	(1) the number and amount of scholarships awarded in
161	161	the two calendar years preceding the year in which the report is
162	162	due; and
163	163	(2) the number of minority students, by racial or
164	164	ethnic background, who have been awarded scholarships under the
165	165	program in that two-year period.
166	166	SECTION 4. (a) Not later than January 1, 2010, the Texas
167	167	State Board of Public Accountancy shall adopt the rules required to
168	168	implement Subchapter N, Chapter 901, Occupations Code, as added by
169	169	this Act.
170	170	(b) On the effective date of this Act, the Texas Higher
171	171	Education Coordinating Board shall transfer to the Texas State
172	172	Board of Public Accountancy for deposit in the scholarship trust
173	173	fund established under Subchapter N, Chapter 901, Occupations Code,
174	174	as added by this Act, any money in the general revenue account
175	175	0106--scholarship fund for fifth year accounting students, and any
176	176	money appropriated to the Texas Higher Education Coordinating Board
177	177	for scholarships to fifth-year accounting students under
178	178	Subchapter N, Chapter 61, Education Code, as that subchapter
179	179	existed before the effective date of this Act, that has not been
180	180	allocated to institutions of higher education for making awards to
181	181	students during the 2009-2010 academic year under that scholarship
182	182	program.
183	183	SECTION 5. This Act takes effect September 1, 2009.
184	184	______________________________ ______________________________
185	185	President of the Senate Speaker of the House
186	186	I certify that H.B. No. 2440 was passed by the House on April
187	187	24, 2009, by the following vote: Yeas 134, Nays 4, 1 present, not
188	188	voting.
189	189	______________________________
190	190	Chief Clerk of the House
191	191	I certify that H.B. No. 2440 was passed by the Senate on May
192	192	14, 2009, by the following vote: Yeas 31, Nays 0.
193	193	______________________________
194	194	Secretary of the Senate
195	195	APPROVED: _____________________
196	196	Date
197	197	_____________________
198	198	Governor