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.