10 | 4 | | AN ACT |
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11 | 5 | | relating to the repeal of the Texas B-On-time student loan program. |
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12 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 7 | | SECTION 1. Section 52.89(c), Education Code, is amended to |
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14 | 8 | | read as follows: |
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15 | 9 | | (c) The board shall deposit to the credit of the fund any |
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16 | 10 | | proceeds from the sale of bonds, excluding: |
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17 | 11 | | (1) any accrued interest on the bonds which shall be |
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18 | 12 | | deposited in the board interest and sinking fund relating to the |
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19 | 13 | | bonds; and |
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20 | 14 | | (2) proceeds from the sale of bonds issued by the board |
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21 | 15 | | under Section 56.464(b), as that subsection existed immediately |
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22 | 16 | | before September 1, 2015 [to provide Texas B-On-time student |
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23 | 17 | | loans]. |
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24 | 18 | | SECTION 2. Sections 52.90(a) and (b), Education Code, are |
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25 | 19 | | amended to read as follows: |
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26 | 20 | | (a) The board[: |
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27 | 21 | | [(1)] shall make a loan from the fund to a student who |
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28 | 22 | | qualifies for a loan under Subchapter C[; and |
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29 | 23 | | [(2) may make a loan from the fund to a student who |
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30 | 24 | | qualifies for a Texas B-On-time student loan under Subchapter Q, |
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31 | 25 | | Chapter 56]. |
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32 | 26 | | (b) Loans from the fund are governed by Subchapter C [of |
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33 | 27 | | this chapter or Subchapter Q, Chapter 56, as appropriate, as if made |
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34 | 28 | | under that subchapter, except to the extent of conflict with this |
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35 | 29 | | subchapter]. |
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36 | 30 | | SECTION 3. The heading to Section 52.91, Education Code, is |
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37 | 31 | | amended to read as follows: |
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38 | 32 | | Sec. 52.91. BONDS FOR FORMER TEXAS B-ON-TIME STUDENT LOAN |
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39 | 33 | | PROGRAM. |
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40 | 34 | | SECTION 4. Sections 52.91(a) and (c), Education Code, are |
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41 | 35 | | amended to read as follows: |
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42 | 36 | | (a) The board shall deposit to the credit of the Texas |
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43 | 37 | | B-On-time student loan account established under Section 56.0092 |
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44 | 38 | | [56.463] any proceeds from the sale of bonds issued by the board to |
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45 | 39 | | fund Texas B-On-time student loans under Section 56.464(b), as that |
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46 | 40 | | subsection existed immediately before September 1, 2015, other |
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47 | 41 | | than[: |
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48 | 42 | | [(1)] accrued interest on the bonds, which shall be |
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49 | 43 | | deposited to the credit of the interest and sinking fund related to |
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50 | 44 | | the bonds[; and |
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51 | 45 | | [(2) any proceeds from the sale of the bonds that the |
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52 | 46 | | board by resolution deposits to the student loan auxiliary fund |
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53 | 47 | | under Section 52.89(c-1)]. |
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54 | 48 | | (c) The board shall repay bonds described by Subsection (a) |
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55 | 49 | | [issued by the board to fund the Texas B-On-time student loan |
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56 | 50 | | program] using proceeds from the bonds, legislative |
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57 | 51 | | appropriations, and money collected by the board as repayment for |
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58 | 52 | | Texas B-On-time student loans awarded by the board under Section |
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59 | 53 | | 56.0092(c) for a semester or term occurring before the 2020 fall |
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60 | 54 | | semester. The board may also repay the bonds by using [use] tuition |
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61 | 55 | | set aside under Section 56.465, as that section existed immediately |
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62 | 56 | | before September 1, 2015, for a semester or term occurring before |
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63 | 57 | | the 2015 fall semester [to repay bonds issued by the board for the |
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64 | 58 | | Texas B-On-time student loan program]. The board may not repay the |
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65 | 59 | | bonds with [use] money collected by the board as repayment for |
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66 | 60 | | student loans awarded by the board under Subchapter C [to repay |
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67 | 61 | | bonds issued by the board for the Texas B-On-time student loan |
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68 | 62 | | program under Section 56.464(b)]. |
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69 | 63 | | SECTION 5. Section 54.0065(a), Education Code, is amended |
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70 | 64 | | to read as follows: |
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71 | 65 | | (a) A qualified student is eligible for a rebate of a |
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72 | 66 | | portion of the undergraduate tuition the student has paid if the |
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73 | 67 | | student: |
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74 | 68 | | (1) is awarded a baccalaureate degree from a general |
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75 | 69 | | academic teaching institution within: |
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76 | 70 | | (A) four calendar years after the date the |
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77 | 71 | | student initially enrolled in the institution or another |
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78 | 72 | | postsecondary educational institution if: |
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79 | 73 | | (i) the institution awarding the degree is |
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80 | 74 | | a four-year institution; and |
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81 | 75 | | (ii) the student is awarded a degree other |
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82 | 76 | | than a degree in engineering, architecture, or any other program |
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83 | 77 | | determined by the coordinating board to require more than four |
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84 | 78 | | years to complete; or |
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85 | 79 | | (B) five calendar years after the date the |
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86 | 80 | | student initially enrolled in the institution or another |
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87 | 81 | | postsecondary educational institution if: |
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88 | 82 | | (i) the institution awarding the degree is |
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89 | 83 | | a four-year institution; and |
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90 | 84 | | (ii) the student is awarded a degree in |
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91 | 85 | | engineering, architecture, or any other program determined by the |
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92 | 86 | | coordinating board to require more than four years to complete [the |
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93 | 87 | | period prescribed by Section 56.462(1)(A) or (B), as applicable, to |
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94 | 88 | | qualify for forgiveness of a Texas B-On-time loan]; and |
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95 | 89 | | (2) has attempted no more than three hours in excess of |
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96 | 90 | | the minimum number of semester credit hours required to complete |
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97 | 91 | | the degree program: |
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98 | 92 | | (A) including: |
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99 | 93 | | (i) transfer credits; and |
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100 | 94 | | (ii) course credit earned exclusively by |
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101 | 95 | | examination, except that, for purposes of this subsection, only the |
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102 | 96 | | number of semester credit hours earned exclusively by examination |
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103 | 97 | | in excess of nine semester credit hours is treated as hours |
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104 | 98 | | attempted; and |
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105 | 99 | | (B) excluding: |
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106 | 100 | | (i) course credit that is earned to satisfy |
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107 | 101 | | requirements for a Reserve Officers' Training Corps (ROTC) program |
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108 | 102 | | but that is not required to complete the degree program; and |
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109 | 103 | | (ii) course credit, other than course |
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110 | 104 | | credit earned exclusively by examination, that is earned before |
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111 | 105 | | graduating from high school. |
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112 | 106 | | SECTION 6. Subchapter A, Chapter 56, Education Code, is |
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113 | 107 | | amended by adding Section 56.0092 to read as follows: |
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114 | 108 | | Sec. 56.0092. TEXAS B-ON-TIME STUDENT LOAN ACCOUNT; FORMER |
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115 | 109 | | LOAN PROGRAM CONTINUED IN EFFECT FOR CERTAIN ACADEMIC YEARS ONLY. |
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116 | 110 | | (a) The Texas B-On-time student loan account previously |
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117 | 111 | | established by former Section 56.463 continues as an account in the |
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118 | 112 | | general revenue fund. The account consists of: |
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119 | 113 | | (1) gifts and grants; |
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120 | 114 | | (2) any legislative appropriations received for the |
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121 | 115 | | purpose of awarding Texas B-On-time student loans to students who |
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122 | 116 | | qualify and establish eligibility for the loans as described by |
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123 | 117 | | Subsection (c) and for discharging any other remaining obligations |
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124 | 118 | | under the former Texas B-On-time student loan program; |
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125 | 119 | | (3) tuition set aside under Section 56.465, as that |
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126 | 120 | | section existed immediately before September 1, 2015, for a |
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127 | 121 | | semester or term occurring before the 2015 fall semester; |
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128 | 122 | | (4) bond proceeds deposited under Section 52.91(a); |
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129 | 123 | | and |
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130 | 124 | | (5) any other money in the account on September 1, |
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131 | 125 | | 2015. |
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132 | 126 | | (b) Money in the Texas B-On-time student loan account may be |
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133 | 127 | | used only to pay any costs of the coordinating board related to |
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134 | 128 | | loans awarded under the Texas B-On-time student loan program as |
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135 | 129 | | provided by Subsection (c) for a semester or term occurring before |
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136 | 130 | | the 2020 fall semester. |
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137 | 131 | | (c) Beginning with the 2015 fall semester, the coordinating |
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138 | 132 | | board may not award an initial Texas B-On-time student loan under |
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139 | 133 | | the Texas B-On-time student loan program. The coordinating board |
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140 | 134 | | may award, for a semester or term occurring before the 2020 fall |
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141 | 135 | | semester, a subsequent Texas B-On-time student loan to an eligible |
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142 | 136 | | student who received an initial Texas B-On-time student loan before |
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143 | 137 | | the 2015-2016 academic year. For Texas B-On-time student loans to |
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144 | 138 | | be awarded as described by this subsection: |
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145 | 139 | | (1) students may qualify and establish continued |
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146 | 140 | | eligibility, as applicable, under Subchapter Q as that subchapter |
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147 | 141 | | existed immediately before September 1, 2015; and |
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148 | 142 | | (2) the coordinating board may make loans using any |
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149 | 143 | | money available for the purposes of the former Texas B-On-time |
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150 | 144 | | student loan program. |
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151 | 145 | | (d) On September 1, 2020, the Texas B-On-time student loan |
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152 | 146 | | account is abolished, and any remaining money in the account may be |
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153 | 147 | | appropriated only to eligible institutions in the manner provided |
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154 | 148 | | by Subsection (e). |
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155 | 149 | | (e) An appropriation under Subsection (d) must be made in |
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156 | 150 | | accordance with a formula, adopted by coordinating board rule, that |
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157 | 151 | | the coordinating board determines fairly allocates the |
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158 | 152 | | appropriated amount to those eligible institutions at which the |
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159 | 153 | | Texas B-On-time student loan program was underutilized. For |
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160 | 154 | | purposes of this subsection, the Texas B-On-time student loan |
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161 | 155 | | program is considered to have been underutilized by students of an |
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162 | 156 | | institution in any period if the institution's percentage of the |
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163 | 157 | | total amount of tuition set aside by all institutions under the |
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164 | 158 | | program during the period was greater than the institution's |
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165 | 159 | | percentage of all students who received a Texas B-On-time student |
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166 | 160 | | loan under the program for the same period. The coordinating board |
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167 | 161 | | shall base the coordinating board's determination on a period of |
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168 | 162 | | academic years occurring before the 2015-2016 academic year that |
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169 | 163 | | the coordinating board considers representative of eligible |
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170 | 164 | | institutions' student participation in the Texas B-On-time student |
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171 | 165 | | loan program. |
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172 | 166 | | (f) In this section, "eligible institution" means a general |
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173 | 167 | | academic teaching institution described by Section 56.451(2)(A) or |
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174 | 168 | | a medical and dental unit described by Section 56.451(2)(B), as |
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175 | 169 | | those paragraphs existed immediately before September 1, 2015. |
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176 | 170 | | SECTION 7. Section 56.011(a), Education Code, is amended to |
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177 | 171 | | read as follows: |
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178 | 172 | | (a) The governing board of each institution of higher |
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179 | 173 | | education shall cause to be set aside not less than 15 [20] percent |
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180 | 174 | | of any amount of tuition charged to a resident undergraduate |
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181 | 175 | | student under Section 54.0513 in excess of $46 per semester credit |
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182 | 176 | | hour. The funds set aside under this section by an institution |
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183 | 177 | | shall be used to provide financial assistance for resident |
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184 | 178 | | undergraduate students enrolled in the institution. |
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185 | 179 | | SECTION 8. The following provisions of the Education Code |
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186 | 180 | | are repealed: |
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187 | 181 | | (1) Sections 52.89(c-1) and 52.91(b); |
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188 | 182 | | (2) Section 56.307(l); and |
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189 | 183 | | (3) Subchapter Q, Chapter 56. |
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190 | 184 | | SECTION 9. (a) Notwithstanding any other law, Subchapter |
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191 | 185 | | Q, Chapter 56, Education Code, as that subchapter existed |
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192 | 186 | | immediately before the effective date of this Act, is continued in |
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193 | 187 | | effect solely for the purposes of: |
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194 | 188 | | (1) awarding Texas B-On-time student loans as provided |
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195 | 189 | | by Section 56.0092(c), Education Code, as added by this Act; and |
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196 | 190 | | (2) discharging any other remaining obligations under |
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197 | 191 | | the former Texas B-On-time student loan program. |
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198 | 192 | | (b) The repeal by this Act of Section 56.465, Education |
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199 | 193 | | Code, applies beginning with tuition charged for the 2015 fall |
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200 | 194 | | semester. |
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201 | 195 | | SECTION 10. Section 56.011(a), Education Code, as amended |
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202 | 196 | | by this Act, applies beginning with tuition charged for the 2015 |
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203 | 197 | | fall semester. Tuition charged for an academic period before that |
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204 | 198 | | term or semester is covered by the law in effect immediately before |
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205 | 199 | | the effective date of this Act, and the former law is continued in |
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206 | 200 | | effect for that purpose. |
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207 | 201 | | SECTION 11. This Act takes effect September 1, 2015. |
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