1 | 1 | | 86R4220 KJE-D |
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2 | 2 | | By: Menéndez S.B. No. 882 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the establishment of the Texas First Generation |
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8 | 8 | | Matching Scholarship Program for certain first generation students |
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9 | 9 | | at public institutions of higher education. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 56, Education Code, is amended by adding |
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12 | 12 | | Subchapter S to read as follows: |
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13 | 13 | | SUBCHAPTER S. TEXAS FIRST GENERATION MATCHING SCHOLARSHIP PROGRAM |
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14 | 14 | | Sec. 56.501. DEFINITIONS. In this subchapter: |
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15 | 15 | | (1) "Coordinating board" means the Texas Higher |
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16 | 16 | | Education Coordinating Board. |
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17 | 17 | | (2) "First generation student" means a person: |
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18 | 18 | | (A) whose parents or legal guardians have not |
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19 | 19 | | obtained a baccalaureate degree; or |
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20 | 20 | | (B) who is or was in the conservatorship of the |
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21 | 21 | | Department of Family and Protective Services. |
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22 | 22 | | (3) "Program" means the Texas First Generation |
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23 | 23 | | Matching Scholarship Program. |
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24 | 24 | | Sec. 56.502. PROGRAM PURPOSE. The purpose of the Texas |
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25 | 25 | | First Generation Matching Scholarship Program is to provide |
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26 | 26 | | assistance in the payment of tuition and required fees to enable |
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27 | 27 | | eligible first generation students to attend institutions of higher |
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28 | 28 | | education. |
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29 | 29 | | Sec. 56.503. FIRST GENERATION MATCHING SCHOLARSHIP |
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30 | 30 | | ACCOUNT. (a) The first generation matching scholarship account is |
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31 | 31 | | an account in the general revenue fund. |
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32 | 32 | | (b) The account consists of: |
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33 | 33 | | (1) money appropriated or transferred to the credit of |
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34 | 34 | | the account by the legislature; and |
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35 | 35 | | (2) interest earned on the investment of money in the |
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36 | 36 | | account. |
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37 | 37 | | (c) Money in the account may be used only to provide |
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38 | 38 | | scholarships to eligible first generation students as provided by |
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39 | 39 | | this subchapter. |
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40 | 40 | | Sec. 56.504. ADMINISTRATION OF PROGRAM. The coordinating |
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41 | 41 | | board shall administer the program and adopt any rules necessary to |
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42 | 42 | | implement the program or this subchapter. The coordinating board |
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43 | 43 | | shall consult with the student financial aid officers of |
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44 | 44 | | institutions of higher education in developing the rules. |
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45 | 45 | | Sec. 56.505. AWARD OF SCHOLARSHIP. From money available |
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46 | 46 | | for the purpose, each institution of higher education shall award |
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47 | 47 | | scholarships to eligible students under the program. |
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48 | 48 | | Sec. 56.506. INITIAL ELIGIBILITY FOR SCHOLARSHIP. (a) To |
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49 | 49 | | be eligible initially for a scholarship under the program, a person |
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50 | 50 | | must: |
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51 | 51 | | (1) be a first generation student; |
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52 | 52 | | (2) be a resident of this state as determined by |
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53 | 53 | | coordinating board rules; |
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54 | 54 | | (3) meet financial need requirements as defined by the |
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55 | 55 | | coordinating board; |
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56 | 56 | | (4) be enrolled in an associate or baccalaureate |
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57 | 57 | | degree or certificate program at an institution of higher |
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58 | 58 | | education; |
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59 | 59 | | (5) be enrolled as an entering student for at least |
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60 | 60 | | one-half of a full course load for an entering student in the |
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61 | 61 | | associate or baccalaureate degree or certificate program, as |
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62 | 62 | | determined by the coordinating board; |
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63 | 63 | | (6) have applied for any available financial aid or |
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64 | 64 | | assistance; and |
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65 | 65 | | (7) comply with any additional nonacademic |
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66 | 66 | | requirement adopted by the coordinating board under this |
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67 | 67 | | subchapter. |
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68 | 68 | | (b) A person is not eligible to receive a scholarship under |
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69 | 69 | | the program if the person has been convicted of a felony or an |
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70 | 70 | | offense under Chapter 481, Health and Safety Code, or under the law |
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71 | 71 | | of another jurisdiction involving a controlled substance as defined |
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72 | 72 | | by Chapter 481, Health and Safety Code, unless the person has met |
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73 | 73 | | the other applicable eligibility requirements under the program and |
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74 | 74 | | has: |
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75 | 75 | | (1) received a certificate of discharge by the Texas |
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76 | 76 | | Department of Criminal Justice or a correctional facility or |
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77 | 77 | | completed a period of probation ordered by a court, and at least two |
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78 | 78 | | years have elapsed from the date of the receipt or completion; or |
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79 | 79 | | (2) been pardoned, had the record of the offense |
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80 | 80 | | expunged from the person's record, or otherwise been released from |
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81 | 81 | | the resulting ineligibility to receive a scholarship under the |
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82 | 82 | | program. |
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83 | 83 | | (c) A person is not eligible to receive a scholarship under |
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84 | 84 | | the program if the person has: |
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85 | 85 | | (1) been granted: |
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86 | 86 | | (A) a certificate for completion of a certificate |
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87 | 87 | | program; or |
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88 | 88 | | (B) an associate or baccalaureate degree; or |
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89 | 89 | | (2) completed more than the following number of |
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90 | 90 | | semester credit hours or the equivalent at an institution of higher |
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91 | 91 | | education: |
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92 | 92 | | (A) 90 semester credit hours or the equivalent, |
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93 | 93 | | if the person is enrolled in a degree or certificate program of two |
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94 | 94 | | years or less; or |
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95 | 95 | | (B) 135 semester credit hours or the equivalent, |
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96 | 96 | | if the person is enrolled in a degree or certificate program of more |
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97 | 97 | | than two years. |
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98 | 98 | | (d) A person may not receive a scholarship under the program |
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99 | 99 | | for more than: |
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100 | 100 | | (1) 75 semester credit hours or the equivalent, if the |
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101 | 101 | | person is enrolled in a degree or certificate program of two years |
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102 | 102 | | or less; or |
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103 | 103 | | (2) 150 semester credit hours or the equivalent, if |
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104 | 104 | | the person is enrolled in a degree or certificate program of more |
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105 | 105 | | than two years. |
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106 | 106 | | (e) A person's eligibility for a scholarship under the |
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107 | 107 | | program ends on: |
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108 | 108 | | (1) the third anniversary of the initial award of a |
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109 | 109 | | scholarship under the program to the person, if the person is |
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110 | 110 | | enrolled in a degree or certificate program of two years or less; |
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111 | 111 | | (2) the fifth anniversary of the initial award of a |
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112 | 112 | | scholarship under the program to the person, if the person is |
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113 | 113 | | enrolled in a degree or certificate program of more than two years |
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114 | 114 | | but not more than four years; or |
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115 | 115 | | (3) the sixth anniversary of the initial award of a |
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116 | 116 | | scholarship under the program to the person, if the person is |
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117 | 117 | | enrolled in a degree or certificate program of more than four years. |
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118 | 118 | | Sec. 56.507. CONTINUING ELIGIBILITY AND ACADEMIC |
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119 | 119 | | PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a |
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120 | 120 | | scholarship under the program, a person may continue to receive a |
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121 | 121 | | scholarship under the program during each semester or term in which |
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122 | 122 | | the person is enrolled at a participating institution only if the |
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123 | 123 | | person: |
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124 | 124 | | (1) meets financial need requirements as defined by |
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125 | 125 | | the coordinating board; |
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126 | 126 | | (2) is enrolled in an associate or baccalaureate |
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127 | 127 | | degree or certificate program at a participating institution; |
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128 | 128 | | (3) is enrolled for at least one-half of a full course |
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129 | 129 | | load for a student in an associate or baccalaureate degree or |
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130 | 130 | | certificate program, as determined by the coordinating board; |
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131 | 131 | | (4) makes satisfactory academic progress toward an |
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132 | 132 | | associate or baccalaureate degree or certificate; and |
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133 | 133 | | (5) complies with any additional nonacademic |
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134 | 134 | | requirement adopted by the coordinating board. |
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135 | 135 | | (b) A person is not eligible to continue to receive a |
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136 | 136 | | scholarship under this section if the person has been convicted of a |
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137 | 137 | | felony or an offense under Chapter 481, Health and Safety Code, or |
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138 | 138 | | under the law of another jurisdiction involving a controlled |
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139 | 139 | | substance as defined by Chapter 481, Health and Safety Code, unless |
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140 | 140 | | the person has met the other applicable eligibility requirements |
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141 | 141 | | under the program and has: |
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142 | 142 | | (1) received a certificate of discharge by the Texas |
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143 | 143 | | Department of Criminal Justice or a correctional facility or |
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144 | 144 | | completed a period of probation ordered by a court, and at least two |
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145 | 145 | | years have elapsed from the date of the receipt or completion; or |
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146 | 146 | | (2) been pardoned, had the record of the offense |
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147 | 147 | | expunged from the person's record, or otherwise been released from |
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148 | 148 | | the resulting ineligibility to receive a scholarship under the |
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149 | 149 | | program. |
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150 | 150 | | (c) If a person fails to meet any of the requirements of |
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151 | 151 | | Subsection (a) after the completion of any semester or term, the |
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152 | 152 | | person may not receive a scholarship under the program during the |
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153 | 153 | | next semester or term in which the person enrolls. A person may |
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154 | 154 | | become eligible to receive a scholarship under the program in a |
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155 | 155 | | subsequent semester or term if the person: |
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156 | 156 | | (1) completes a semester or term during which the |
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157 | 157 | | student is not eligible for a scholarship; and |
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158 | 158 | | (2) meets all the requirements of Subsection (a). |
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159 | 159 | | (d) For the purpose of this section, a person makes |
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160 | 160 | | satisfactory academic progress toward an associate or |
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161 | 161 | | baccalaureate degree or certificate only if: |
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162 | 162 | | (1) in the person's first academic year, the person |
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163 | 163 | | meets the satisfactory academic progress requirements of the |
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164 | 164 | | institution at which the person is enrolled; and |
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165 | 165 | | (2) in the subsequent academic year, the person: |
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166 | 166 | | (A) completes at least 75 percent of the semester |
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167 | 167 | | credit hours attempted in the student's most recent academic year; |
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168 | 168 | | and |
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169 | 169 | | (B) has earned an overall grade point average of |
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170 | 170 | | at least 2.5 on a four-point scale or the equivalent on course work |
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171 | 171 | | previously attempted at institutions of higher education. |
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172 | 172 | | (e) A person who is eligible to receive a scholarship under |
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173 | 173 | | the program continues to remain eligible to receive the scholarship |
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174 | 174 | | if the person enrolls in or transfers to another institution of |
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175 | 175 | | higher education. |
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176 | 176 | | (f) The coordinating board shall adopt rules to allow a |
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177 | 177 | | person who is otherwise eligible to receive a scholarship under the |
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178 | 178 | | program, in the event of a hardship or for other good cause shown, |
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179 | 179 | | including a showing of a severe illness or other debilitating |
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180 | 180 | | condition that may affect the person's academic performance or that |
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181 | 181 | | the person is responsible for the care of a sick, injured, or needy |
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182 | 182 | | person and that the person's provision of care may affect the |
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183 | 183 | | person's academic performance, to receive a scholarship under the |
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184 | 184 | | program: |
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185 | 185 | | (1) while enrolled in a number of semester credit |
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186 | 186 | | hours that is less than the number of semester credit hours required |
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187 | 187 | | under Subsection (a)(3); or |
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188 | 188 | | (2) if the student's grade point average or completion |
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189 | 189 | | rate falls below the satisfactory academic progress requirements of |
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190 | 190 | | Subsection (d). |
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191 | 191 | | Sec. 56.508. SCHOLARSHIP USE. A scholarship awarded under |
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192 | 192 | | the program may be applied only to the payment of tuition and |
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193 | 193 | | required fees at an institution of higher education. |
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194 | 194 | | Sec. 56.509. SCHOLARSHIP AMOUNT; ALLOCATION. (a) The |
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195 | 195 | | amount of a scholarship awarded by an institution of higher |
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196 | 196 | | education to an eligible student under the program for a semester or |
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197 | 197 | | other academic term in which the student is enrolled at the |
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198 | 198 | | institution may not exceed the difference between the amount of |
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199 | 199 | | tuition and required fees charged to the student by the institution |
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200 | 200 | | for that semester or term and the amount of any other gift aid, |
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201 | 201 | | including state or federal grants or scholarships, awarded to the |
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202 | 202 | | student for that semester or term. |
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203 | 203 | | (b) A scholarship may not be awarded under the program to an |
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204 | 204 | | eligible student for a semester or other academic term until any |
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205 | 205 | | other gift aid for which the student is eligible has been awarded to |
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206 | 206 | | the student and the student's unmet financial need has been |
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207 | 207 | | established for purposes of determining the appropriate amount of |
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208 | 208 | | the student's scholarship under Subsection (a). |
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209 | 209 | | (c) An institution of higher education that awards a |
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210 | 210 | | scholarship under the program is responsible for two-thirds of the |
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211 | 211 | | total amount of the scholarship determined under Subsection (a). |
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212 | 212 | | The state is responsible for the remainder, to be paid from the |
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213 | 213 | | first generation matching scholarship account established under |
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214 | 214 | | Section 56.503 or from other funds appropriated for that purpose. |
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215 | 215 | | Sec. 56.510. NOTIFICATION OF PROGRAM; RESPONSIBILITIES OF |
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216 | 216 | | SCHOOL DISTRICTS. (a) The coordinating board, in consultation |
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217 | 217 | | with all institutions of higher education, shall prepare materials |
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218 | 218 | | designed to inform prospective students, their parents or |
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219 | 219 | | guardians, and high school counselors about the program and |
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220 | 220 | | eligibility for a scholarship under the program. The coordinating |
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221 | 221 | | board shall distribute to each institution of higher education and |
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222 | 222 | | to each school district a copy of the materials prepared under this |
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223 | 223 | | section. |
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224 | 224 | | (b) Each school district shall notify its high school |
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225 | 225 | | students, those students' teachers and school counselors, and those |
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226 | 226 | | students' parents or guardians of the program and the eligibility |
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227 | 227 | | requirements of the program. |
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228 | 228 | | Sec. 56.511. GIFTS, GRANTS, AND DONATIONS. In addition to |
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229 | 229 | | other money appropriated by the legislature, each institution of |
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230 | 230 | | higher education may solicit, accept, and spend gifts, grants, and |
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231 | 231 | | donations from any public or private source for the purposes of the |
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232 | 232 | | program. |
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233 | 233 | | SECTION 2. (a) The Texas Higher Education Coordinating |
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234 | 234 | | Board shall adopt rules to administer Subchapter S, Chapter 56, |
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235 | 235 | | Education Code, as added by this Act, as soon as practicable after |
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236 | 236 | | the effective date of this Act. |
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237 | 237 | | (b) Each public institution of higher education shall begin |
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238 | 238 | | awarding scholarships under Subchapter S, Chapter 56, Education |
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239 | 239 | | Code, as added by this Act, for the first academic year for which |
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240 | 240 | | money is available for that purpose, except that an institution may |
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241 | 241 | | not award scholarships under that subchapter for an academic year |
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242 | 242 | | before the 2020-2021 academic year. |
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243 | 243 | | SECTION 3. This Act takes effect immediately if it receives |
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244 | 244 | | a vote of two-thirds of all the members elected to each house, as |
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245 | 245 | | provided by Section 39, Article III, Texas Constitution. If this |
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246 | 246 | | Act does not receive the vote necessary for immediate effect, this |
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247 | 247 | | Act takes effect September 1, 2019. |
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