85R3739 MM-F
By: Seliger S.B. No. 885
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 56.303(f), Education Code, is amended to
read as follows:
(f) Beginning with TEXAS grants awarded for the 2013-2014
academic year, in determining who should receive an initial TEXAS
grant, each eligible 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)(1)(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 institution shall make
awards to other students who meet the eligibility criteria
described by Section 56.3043(a)(1)(A) [56.304(a)(2)(A)], provided
that the institution continues to give priority to students as
provided by Subsection (e).
SECTION 2. The heading to Section 56.304, Education Code,
is amended to read as follows:
Sec. 56.304. GENERAL [INITIAL] ELIGIBILITY FOR GRANT.
SECTION 3. Sections 56.304(a), (e-1), and (h), 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;
(3) [(4)] be enrolled in a baccalaureate degree
program at an eligible institution;
(4) subject to Sections 56.3041(a)(2) and
56.3043(a)(2), be enrolled in at least three-fourths of a full
course load for an undergraduate student, as determined by the
coordinating board [(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];
(5) [(6)] have applied for any available financial aid
or assistance; and
(6) [(7)] comply with any additional nonacademic
requirement adopted by the coordinating board under this
subchapter.
(e-1) Unless a [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
program of four years; 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.
(h) 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)(4) [(a)(5)] or Section
56.3041(a)(2) or 56.3043(a)(2) [56.3041(5)], as applicable. The
coordinating board may not allow a person to receive a TEXAS grant
while enrolled in fewer than six semester credit hours.
SECTION 4. Section 56.3041, Education Code, is amended to
read as follows:
Sec. 56.3041. ADDITIONAL REQUIREMENTS REGARDING INITIAL
ELIGIBILITY [OF PERSON GRADUATING FROM HIGH SCHOOL ON OR AFTER MAY
1, 2013]. (a) In addition to the requirements under Section 56.304
and except as provided by Section 56.3043, to [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 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), (C), or (D) as follows:
(A) be a graduate of a public or accredited
private high school in this state who completed the foundation high
school program established under Section 28.025 or its equivalent
and have accomplished any two or more of the following:
(i) 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 qualification for an exemption as described by
Section 51.3062(p), (q), [or] (q-1), or (q-2);
(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 or at least one advanced career
and technical or technology applications course;
(B) have received an associate degree from a
public or private institution of higher education;
(C) be an undergraduate student who has:
(i) previously attended another
institution of higher education;
(ii) received an initial Texas Educational
Opportunity Grant under Subchapter P for the 2014 fall semester or a
subsequent academic term;
(iii) completed at least 24 semester credit
hours at any institution or institutions of higher education; and
(iv) earned an overall grade point average
of at least 2.5 on a four-point scale or the equivalent on all
course work previously attempted; or
(D) if sufficient money is available, meet the
eligibility criteria described by Section 56.3043(a)(1)(A)
[56.304(a)(2)(A)]; and
(2) [(3) meet financial need requirements established
by the coordinating board;
[(4) be enrolled in an undergraduate degree or
certificate program at an eligible 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 institution not later than 12
months after being honorably discharged from military service;
(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; or
(D) an undergraduate student described by
Subdivision (1)(C) [(2)(C)] who has never previously received a
TEXAS grant[;
[(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) For purposes of Subsection (a)(1)(A) [(a)(2)(A)], a
student who graduated under the recommended or advanced high school
program is considered to have successfully completed the curriculum
requirements of Section 51.803(a)(2)(A)(i). This subsection
expires September 1, 2020.
SECTION 5. Sections 56.3042(a), (a-1), (c), and (d),
Education Code, are amended to read as follows:
(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 56.3041(a)(1)(A) [56.304(a)(2)(A) or 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 56.3041(a)(1)(B)
[56.304(a)(2)(B) or 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.
(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 only [under Section
56.304 or 56.3041] by satisfying the associate degree requirement
prescribed by Section 56.3041(a)(1)(B) [56.304(a)(2)(B) or
56.3041(2)(B)] and the other requirements of that section and
Section 56.304 [those sections] applicable to the person at the
time the person reapplies for the initial 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 56.3041(a)(1)(B) [56.304(a)(2)(B) or
56.3041(2)(B), as applicable to the person,] in addition to the
requirements of Sections 56.304 and [Section] 56.305 applicable to
the person at the time the person applies for the subsequent grant.
SECTION 6. Subchapter M, Chapter 56, Education Code, is
amended by adding Section 56.3043 to read as follows:
Sec. 56.3043. ADDITIONAL REQUIREMENTS REGARDING INITIAL
ELIGIBILITY OF PERSON GRADUATING FROM HIGH SCHOOL BEFORE MAY 1,
2013. (a) In addition to the requirements under Section 56.304, to
be eligible initially for a TEXAS grant, a person who graduated from
high school before May 1, 2013, must:
(1) 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; and
(2) 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 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 received an associate degree from a
public or private institution of higher education.
(b) The requirement in Subsection (a)(1)(A) that a person
must have completed the recommended or advanced high school
curriculum does not apply to a person who:
(1) attended a public high school in a school district
that certifies to the commissioner of education that the high
school did not offer all the necessary courses for a person to
complete all parts of the recommended or advanced high school
curriculum; and
(2) completed all courses at the high school offered
toward the completion of the recommended or advanced high school
curriculum.
(c) Not later than March 1 of each year, the commissioner of
education shall provide to the coordinating board a list of all the
public high schools that do not offer all the courses necessary to
complete all parts of the recommended or advanced high school
curriculum as described by Subsection (b)(1).
SECTION 7. Section 56.3045(b), Education Code, is amended
to read as follows:
(b) Provided that the person meets the requirements
described by Sections 56.304 and [Section] 56.305(a), a person to
whom this section applies is eligible to receive an initial TEXAS
grant in any academic year in which funding is sufficient to award
initial TEXAS grants to eligible applicants for that year. The
person's eligibility for an initial TEXAS grant under this section
is not affected by:
(1) the period for which the person has been enrolled
at an eligible institution; or
(2) any statutory changes to the eligibility
requirements for initial TEXAS grants that are enacted after the
person first established eligibility for an initial TEXAS grant as
described by Subsection (a)(1).
SECTION 8. The heading to Section 56.305, Education Code,
is amended to read as follows:
Sec. 56.305. CONTINUING ELIGIBILITY [AND ACADEMIC
PERFORMANCE REQUIREMENTS].
SECTION 9. Sections 56.305(a), (c), (e-1), and (g),
Education Code, are 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,
in addition to the requirements under Section 56.304, the person[:
[(1) meets financial need requirements as defined by
the coordinating board;
[(2) is enrolled in a baccalaureate degree 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 degree[; and
[(5) complies with any additional nonacademic
requirement adopted by the coordinating board].
(c) If a person fails to meet any of the requirements of
Subsection (a) and Section 56.304(a) after the completion of any
semester or term, the person may not receive a TEXAS grant during
the next semester or term in which the person enrolls. A person may
become eligible to receive a TEXAS grant in a subsequent semester or
term if the person:
(1) completes a semester or term during which the
student is not eligible for a scholarship; and
(2) meets all the requirements of Subsection (a) and
Section 56.304(a).
(e-1) For purposes of this section, a person [who is
initially awarded a TEXAS grant during or after the 2005 fall
semester] makes satisfactory academic progress toward an
undergraduate degree or certificate only if:
(1) in the person's first academic year the person
meets the satisfactory academic progress requirements of the
institution at which the person is enrolled; and
(2) in a subsequent academic year, the person:
(A) completed at least 24 semester credit hours
in the student's most recent academic year; and
(B) has earned an overall grade point average of
at least 2.5 on a four-point scale or the equivalent on coursework
previously attempted at institutions of higher education.
(g) 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[:
[(1) while enrolled in a number of semester credit
hours that is less than the number of semester credit hours required
under Subsection (a)(3); or
[(2)] if the student's grade point average or the
student's completion rate or number of semester credit hours
completed, as applicable, falls below the satisfactory academic
progress requirements of Subsection [(e) or] (e-1).
SECTION 10. 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 tuition and required fees [any usual and
customary cost of attendance] at an eligible institution incurred
by the student. The institution may not disburse any [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 11. Section 56.307, Education Code, is amended by
amending Subsections (a), (f), (i-1), and (j) and adding
Subsections (b) and (j-1) to read as follows:
(a) The maximum amount of a TEXAS grant for a semester or
term for a person enrolled [full-time] at an eligible institution
is an amount not to exceed the lesser of:
(1) the difference between:
(A) the amount of tuition and required fees
incurred by the person for that semester or term at the institution
awarding the grant; and
(B) the amount of the Pell Grant for which the
person is eligible, if any; or
(2) the person's unmet financial need for that
semester or term [determined by the coordinating board as the
average statewide amount of tuition and required fees 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].
(b) For purposes of Subsection (a)(1), if the amount of a
person's Pell Grant exceeds the amount of tuition and required fees
for a semester or term, the person is not eligible to receive a
TEXAS grant for that semester or term.
(f) Except as otherwise provided by this subsection, the
[The] amount of a TEXAS grant may not be reduced by any gift aid,
other than a Pell Grant, for which the person receiving the grant is
eligible. If[, unless] the total amount of a person's grant plus
any gift aid received exceeds the person's [student's] financial
need, the amount of the grant shall be reduced so that the total
amount of the person's grant plus any gift aid received equals the
person's financial need.
(i-1) A public institution of higher education may elect to
award a TEXAS grant to any student in an amount that is less than the
applicable amount established under Subsection (a) [or (e)].
(j) A public institution of higher education shall use other
available sources of financial aid, other than a loan or work study,
to cover any difference in the amount of a TEXAS grant awarded to
the student and the actual amount of tuition and required fees at
the institution if the difference results from:
(1) a reduction in the amount of a TEXAS grant under
Subsection (i-1); or
(2) a deficiency in the amount of the grant as
established under Subsection (a) [or (e), as applicable,] to cover
the full amount of tuition and required fees charged to the student
by the institution.
(j-1) A public institution of higher education is exempted
from the requirements under Subsection (j) for any person who did
not receive a priority for the award under Section 56.303(e).
SECTION 12. Sections 56.308(b) and (d), Education Code, are
amended to read as follows:
(b) Each school district shall:
(1) notify its middle school students, junior high
school students, and high school students, those students' teachers
and school counselors, and those students' parents of the TEXAS
grant program [and Teach for Texas grant programs], the eligibility
requirements of the [each] program, the need for students to make
informed curriculum choices to be prepared for success beyond high
school, and sources of information on higher education admissions
and financial aid in a manner that assists the district in
implementing a strategy adopted by the district under Section
11.252(a)(4); and
(2) ensure that each student's official transcript or
diploma indicates whether the student has completed or is on
schedule to complete:
(A) the recommended or advanced high school
curriculum required for grant eligibility under Section 28.002 or
28.025; or
(B) for a school district covered by Section
56.3043(b)(1) [56.304(f)(1)], the required portion of the
recommended or advanced high school curriculum in the manner
described by Section 56.3043(b)(2) [56.304(f)(2)].
(d) In addition to the eligibility requirements of Sections
[Section] 56.304, 56.3041, and 56.3043, a person who graduated from
an accredited private high school is eligible to receive a grant
under this subchapter only if the student's official transcript or
diploma includes the information required as provided by
Subsections (b)(2)(A) and (c).
SECTION 13. Sections 56.311(a), (b), (c), (c-1), (e), and
(g), Education Code, are amended to read as follows:
(a) The Legislative Oversight Committee on the TEXAS grant
program [and Teach for Texas grant program] is composed of six
members as follows:
(1) three members of the senate appointed by the
lieutenant governor; and
(2) three members of the house of representatives
appointed by the speaker of the house of representatives.
(b) The committee shall:
(1) meet at least twice a year with the coordinating
board; and
(2) receive information regarding rules relating to
the TEXAS grant program [and Teach for Texas grant program] that
have been adopted by the coordinating board or proposed for
adoption by the coordinating board.
(c) The committee may request reports and other information
from the coordinating board relating to the operation of the TEXAS
grant program [and Teach for Texas grant program] by the
coordinating board.
(c-1) The [Not later than September 1 of each year, the]
coordinating board shall include in its annual report to the
legislature on financial aid in this state [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)(1)(A) [56.3041(2)(A)]; or [and]
(B) the eligibility criteria described by
Section 56.3043(a)(1)(A); and
(4) the persistence, retention, and graduation rates
of students receiving TEXAS grants.
(e) The committee shall monitor the operation of the TEXAS
grant program [and Teach for Texas grant program], with emphasis on
the manner of the award of grants, the number of grants awarded, and
the educational progress made by persons who have received grants
under the program [those programs].
(g) The report shall include identification of any problems
in the TEXAS grant program [and Teach for Texas grant program] with
recommended solutions for the coordinating board and for
legislative action.
SECTION 14. The following sections of the Education Code
are repealed:
(1) Section 56.303(d-1);
(2) Sections 56.304(e), (f), and (g);
(3) Sections 56.305(b), (d), and (e);
(4) Sections 56.307(d-1), (e), and (g); and
(5) Section 56.3071.
SECTION 15. The changes in law made by this Act apply
beginning with initial or subsequent TEXAS grants awarded for the
2018 fall semester. Initial or subsequent TEXAS grants awarded for
a semester or term before the 2018 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.
SECTION 16. 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, 2017.