83R2822 KSD-D
By: Howard H.B. No. 2829
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for a TEXAS grant and to administration of
the TEXAS grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 56.301, Education Code, is amended to
read as follows:
Sec. 56.301. DEFINITIONS. In this subchapter:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Eligible institution" means a general academic
teaching [an] institution or a medical and dental unit [of higher
education] that offers one or more undergraduate degree or
certification programs. The term does not include a public state
college.
(3) "General academic teaching institution,"
"institution of higher education," "medical and dental unit,"
"public ["Public] junior college," "public state college," and
"public technical institute" have the meanings assigned by Section
61.003.
SECTION 2. Section 56.302(b), Education Code, is amended to
read as follows:
(b) The purpose of this subchapter is to provide a grant of
money to enable eligible students to attend eligible [public]
institutions [of higher education] in this state.
SECTION 3. Sections 56.303(d-1), (e), and (f), Education
Code, are amended to read as follows:
(d-1) In allocating among eligible [general academic
teaching] institutions money available for initial TEXAS grants for
an academic year, the coordinating board shall ensure that each of
those institutions' proportional [percentage] share of the total
amount of money for initial grants that is allocated to eligible
[general academic teaching] institutions under this section
[subsection] for that year does not, as a result of the number of
students who establish eligibility at the institution for an
initial grant under Section 56.3041(a)(2)(A) [56.3041(2)(A)],
change from the institution's proportional [percentage] share of
the total amount of money for initial grants that is allocated to
those institutions under this section [subsection] for the
preceding academic year.
(e) In determining who should receive a TEXAS grant, the
coordinating board and the eligible institutions shall give
priority to awarding TEXAS grants to students who demonstrate the
greatest financial need and whose expected family contribution, as
determined according to the methodology used for federal student
financial aid, does not exceed 60 percent of the average statewide
amount of tuition and required fees described by Section
56.307(a). In giving priority based on financial need as required
by this subsection to students who meet the requirements for the
highest priority as provided by Subsection (f), an eligible [a
general academic teaching] institution shall determine financial
need according to the relative expected family contribution of
those students, beginning with students who have the lowest
expected family contribution.
(f) Beginning with TEXAS grants awarded for the 2013-2014
academic year, in determining who should receive an initial TEXAS
grant, each eligible [general academic teaching] institution, in
addition to giving priority as provided by Subsection (e), shall
give highest priority to students who meet the eligibility criteria
described by Section 56.3041(a)(2)(A) [56.3041(2)(A)]. If there
is money available in excess of the amount required to award an
initial TEXAS grant to all students meeting those criteria, an
eligible [a general academic teaching] institution shall make
awards to other students who meet the eligibility criteria
described by Section 56.304(a)(2)(A), provided that the
institution continues to give priority to students as provided by
Subsection (e).
SECTION 4. Sections 56.304(a) and (e-1), Education Code,
are amended to read as follows:
(a) To be eligible initially for a TEXAS grant, a person who
graduated from high school before May 1, 2013, must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet either of the following academic
requirements:
(A) be a graduate of a public or accredited
private high school in this state who graduated not earlier than the
1998-1999 school year and who completed the recommended or advanced
high school curriculum established under Section 28.002 or 28.025
or its equivalent; or
(B) have received an associate degree from a
public or private institution of higher education not earlier than
May 1, 2001;
(3) meet financial need requirements as defined by the
coordinating board;
(4) be enrolled in a baccalaureate [an undergraduate]
degree [or certificate] program at an eligible institution;
(5) be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load for an entering
undergraduate student, as determined by the coordinating board, not
later than the 16th month after the date of the person's graduation
from high school; or
(B) an entering student for at least
three-fourths of a full course load for an undergraduate student as
determined by the coordinating board, not later than the 12th month
after the month the person receives an associate degree from a
public or private institution of higher education;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirement adopted by the coordinating board under this
subchapter.
(e-1) If a person is initially awarded a TEXAS grant during
or after the 2005 fall semester, unless the person is provided
additional time during which the person may receive a TEXAS grant
under Subsection (e-2), the person's eligibility for a TEXAS grant
ends on:
(1) the fifth anniversary of the initial award of a
TEXAS grant to the person, if the person is enrolled in a degree [or
certificate] program of four years [or less]; or
(2) the sixth anniversary of the initial award of a
TEXAS grant to the person, if the person is enrolled in a degree
program of more than four years.
SECTION 5. Section 56.3041, Education Code, is amended to
read as follows:
Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON GRADUATING FROM
HIGH SCHOOL ON OR AFTER MAY 1, 2013[, AND ENROLLING IN A GENERAL
ACADEMIC TEACHING INSTITUTION]. (a) To [Notwithstanding Section
56.304(a), to] be eligible initially for a TEXAS grant, a person
graduating from high school on or after May 1, 2013, and enrolling
in an eligible [a general academic teaching] institution must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet the academic requirements prescribed by
Paragraph (A), (B), or (C) as follows:
(A) be a graduate of a public or accredited
private high school in this state who completed the recommended
high school program established under Section 28.025 or its
equivalent and have accomplished any two or more of the following:
(i) graduation under the advanced high
school program established under Section 28.025 or its equivalent,
successful completion of the course requirements of the
international baccalaureate diploma program, or earning of the
equivalent of at least 12 semester credit hours of college credit in
high school through courses described in Sections 28.009(a)(1),
(2), and (3);
(ii) satisfaction of the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
coordinating board under Section 51.3062(f) on any assessment
instrument designated by the coordinating board under Section
51.3062(c) [or (e)] or qualification for an exemption as described
by Section 51.3062(p), (q), or (q-1);
(iii) graduation in the top one-third of
the person's high school graduating class or graduation from high
school with a grade point average of at least 3.0 on a four-point
scale or the equivalent; or
(iv) completion for high school credit of
at least one advanced mathematics course following the successful
completion of an Algebra II course, as permitted by Section
28.025(b-3), or at least one advanced career and technical course,
as permitted by Section 28.025(b-2);
(B) have received an associate degree from a
public or private institution of higher education; or
(C) if sufficient money is available, meet the
eligibility criteria described by Section 56.304(a)(2)(A);
(3) meet financial need requirements established by
the coordinating board;
(4) be enrolled in an undergraduate degree or
certificate program at an eligible [the general academic teaching]
institution;
(5) except as provided under rules adopted under
Section 56.304(h), be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 16th month after the
calendar month in which the person graduated from high school;
(B) an entering undergraduate student who
entered military service not later than the first anniversary of
the date the person graduated from high school and who enrolled for
at least three-fourths of a full course load, as determined by the
coordinating board, at the eligible [general academic teaching]
institution not later than 12 months after being honorably
discharged from military service; or
(C) a continuing undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 12th month after the
calendar month in which the person received an associate degree
from a public or private institution of higher education;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirements adopted by the coordinating board under this
subchapter.
(b) The coordinating board shall adopt rules to allow a
person who is otherwise eligible to receive a TEXAS grant, in the
event of a hardship or for other good cause shown, including a
showing of a severe illness or other debilitating condition that
may affect the person's academic performance or that the person is
responsible for the care of a sick, injured, or needy person and
that the person's provision of care may affect the person's academic
performance, to receive a TEXAS grant while enrolled in a number of
semester credit hours that is less than the number of semester
credit hours required under Subsection (a)(5). The coordinating
board may not allow a person to receive a TEXAS grant while enrolled
in fewer than six semester credit hours.
SECTION 6. Section 56.3042, Education Code, is amended to
read as follows:
Sec. 56.3042. INITIAL QUALIFICATION OF PERSON ON TRACK TO
MEET ELIGIBILITY REQUIREMENTS. (a) If at the time an eligible
institution awards TEXAS grants to initial recipients for an
academic year an applicant has not completed high school or the
applicant's final high school transcript is not yet available to
the institution, the student is considered to have satisfied the
eligibility requirements of Section 56.304(a)(2)(A) or
56.3041(a)(2)(A) [56.3041(2)(A)] if the student's available high
school transcript indicates that at the time the transcript was
prepared the student was on schedule to graduate from high school
and to meet the eligibility requirements, as applicable to the
student, in time to be eligible for a TEXAS grant for the academic
year.
(a-1) If at the time an eligible institution awards TEXAS
grants to initial recipients for an academic year an applicant who
is an associate degree candidate has not completed that degree or
the applicant's final college transcript is not yet available to
the institution, the student is considered to have satisfied the
associate degree requirement of Section 56.304(a)(2)(B) or
56.3041(a)(2)(B) [56.3041(2)(B)] if the student's available
college transcript indicates that at the time the transcript was
prepared the student was on schedule to complete the associate
degree in time to be eligible for a TEXAS grant for the academic
year.
(b) The coordinating board or the eligible institution may
require the student to forgo or repay the amount of an initial TEXAS
grant awarded to the student as described by Subsection (a) or (a-1)
if the student fails to meet the eligibility requirements described
by Subsection (a) or (a-1) [of Section 56.304(a)(2)(A),
56.3041(2)(A), 56.304(a)(2)(B), or 56.3041(2)(B)], as applicable
to the student, after the issuance of the available high school or
college transcript.
(c) A person who is required to forgo or repay the amount of
an initial TEXAS grant under Subsection (b) may subsequently become
eligible to receive an initial TEXAS grant under Section 56.304 or
56.3041 by satisfying the associate degree requirement prescribed
by Section 56.304(a)(2)(B) or 56.3041(a)(2)(B) [56.3041(2)(B)] and
the other requirements of those sections applicable to the person
at the time the person reapplies for the grant.
(d) A person who receives an initial TEXAS grant under
Subsection (a) or (a-1) but does not satisfy the applicable
eligibility requirement that the person was considered to have
satisfied under the applicable subsection and who is not required
to forgo or repay the amount of the grant under Subsection (b) may
become eligible to receive a subsequent TEXAS grant under Section
56.305 only by satisfying the associate degree requirement
prescribed by Section 56.304(a)(2)(B) or 56.3041(a)(2)(B)
[56.3041(2)(B)], as applicable to the person, in addition to the
requirements of Section 56.305 at the time the person applies for
the subsequent grant.
SECTION 7. Section 56.305(a), Education Code, is amended to
read as follows:
(a) After initially qualifying for a TEXAS grant, a person
may continue to receive a TEXAS grant during each semester or term
in which the person is enrolled at an eligible institution only if
the person:
(1) meets financial need requirements as defined by
the coordinating board;
(2) is enrolled in a baccalaureate [an undergraduate]
degree [or certificate] program at an eligible institution;
(3) is enrolled for [at least three-fourths of] a full
course load for an undergraduate student, as determined by the
coordinating board;
(4) makes satisfactory academic progress toward a
baccalaureate [an undergraduate] degree [or certificate]; and
(5) complies with any additional nonacademic
requirement adopted by the coordinating board.
SECTION 8. Section 56.306, Education Code, is amended to
read as follows:
Sec. 56.306. GRANT USE. A person receiving a TEXAS grant
may use the money to pay any usual and customary cost of attendance
at an eligible institution [of higher education] incurred by the
student. The institution may disburse all or part of the proceeds
of a TEXAS grant directly to an eligible person only if the tuition
and required fees incurred by the person at the institution have
been paid.
SECTION 9. Sections 56.307(a) and (d-1), Education Code,
are amended to read as follows:
(a) The amount of a TEXAS grant for a semester or term for a
person enrolled full-time at an eligible institution [other than an
institution covered by Subsection (c) or (d)] is an [the] amount
determined by the coordinating board that may not exceed [as] the
average statewide amount of tuition, [and] required fees, and
allowance for course materials that a resident student enrolled
full-time in a baccalaureate degree program would be charged for
that semester or term at general academic teaching institutions.
(d-1) The coordinating board shall determine the average
statewide tuition, [and] fee amounts, and allowance for course
materials for a semester or term of the next academic year for
purposes of this section by using the amounts of tuition and
required fees that will be charged by the [applicable] eligible
institutions for that semester or term in that academic year. The
board may estimate the amount of the charges for a semester or term
in the next academic year by an institution if the relevant
information is not yet available to the board.
SECTION 10. Section 56.311(c-1), Education Code, is amended
to read as follows:
(c-1) Not later than September 1 of each year, the
coordinating board shall provide a report to the committee
regarding the operation of the TEXAS grant program, including
information from the three preceding state fiscal years as follows:
(1) allocations of TEXAS grants by eligible
institution, disaggregated by initial and subsequent awards;
(2) the number of TEXAS grants awarded to students
disaggregated by race, ethnicity, and expected family
contribution;
(3) disaggregated as required by Subdivision (2) and
reported both on a statewide basis and for each eligible
institution, the number of TEXAS grants awarded to students who
meet:
(A) only the eligibility criteria described by
Section 56.304; or
(B) the eligibility criteria described by
Section 56.3041(a)(2)(A) [56.3041(2)(A)]; and
(4) the persistence, retention, and graduation rates
of students receiving TEXAS grants.
SECTION 11. Sections 56.307(c), (d), (e), (f), (i-1), (j),
and (l), Education Code, are repealed.
SECTION 12. (a) The change in law made to Subchapter M,
Chapter 56, Education Code, by this Act applies beginning with
TEXAS grants awarded for the 2014 fall semester. Grants awarded for
a semester or term before the 2014 fall semester are governed by the
applicable law in effect immediately before the effective date of
this Act, and the former law is continued in effect for that
purpose.
(b) Notwithstanding Subsection (a) of this section, a
student who first receives a TEXAS grant for attendance at a public
junior college, public state college, or public technical institute
for a semester or other academic term before the 2014 fall semester
may continue to receive a TEXAS grant under Subchapter M, Chapter
56, Education Code, as that subchapter existed immediately before
the effective date of this Act, as long as the student remains
eligible for a TEXAS grant under the former law, and, if eligible,
may continue to receive a TEXAS grant if the person enrolls at an
eligible institution under Subchapter M, Chapter 56, Education
Code, as amended this Act. The Texas Higher Education Coordinating
Board shall adopt rules to administer this subsection and shall
notify each student who receives a TEXAS grant in the 2013-2014
academic year of the provisions of this subsection.
SECTION 13. 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.