Texas 2021 - 87th Regular

Texas House Bill HB4387 Latest Draft

Bill / Engrossed Version Filed 05/11/2021

                            87R18094 MM-F
 By: González of El Paso, VanDeaver, Stucky, H.B. No. 4387
 Raney


 A BILL TO BE ENTITLED
 AN ACT
 relating to the establishment of the Texas Transfer Grant Pilot
 Program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 56, Education Code, is amended by adding
 Subchapter N to read as follows:
 SUBCHAPTER N. TEXAS TRANSFER GRANT PILOT PROGRAM
 Sec. 56.331.  DEFINITIONS. In this subchapter:
 (1)  "Coordinating board" means the Texas Higher
 Education Coordinating Board.
 (2)  "Eligible institution" means a general academic
 teaching institution or a medical and dental unit that offers one or
 more baccalaureate degree programs. The term does not include a
 public state college.
 (3)  "General academic teaching institution," "medical
 and dental unit," and "public state college" have the meanings
 assigned by Section 61.003.
 (4)  "Pilot program" means the Texas Transfer Grant
 Pilot Program established under this subchapter.
 (5)  "Transfer student" means a student who, at the
 time the student is admitted to the eligible institution disbursing
 the grant, has earned enough credit hours to no longer be considered
 a first-time entering undergraduate student, as defined by
 coordinating board rule.
 Sec. 56.332.  PILOT PROGRAM. The Texas Transfer Grant Pilot
 Program is a pilot program under which the coordinating board may
 provide a grant to enable eligible students to attend eligible
 institutions of higher education.
 Sec. 56.333.  ADMINISTRATION OF PILOT PROGRAM. (a) The
 coordinating board shall administer the pilot program and adopt any
 rules necessary to implement the pilot program or this subchapter.
 The coordinating board shall consult with the student financial aid
 officers of eligible institutions in developing the rules.
 (b)  The total amount of grants awarded under this subchapter
 may not exceed the amount available for the program from
 appropriations, gifts, grants, or other funds.
 (c)  For each academic year during which eligible students
 are enrolled at an eligible institution, the coordinating board
 shall allocate to that institution the amount necessary to pay to
 eligible students grants under this subchapter.
 (d)  In determining who should receive a grant under this
 subchapter, the coordinating board and the eligible institutions
 shall give priority to awarding grants to students who demonstrate
 the greatest financial need.
 (e)  The coordinating board shall establish priorities for
 awarding grant assistance as the board determines appropriate to
 further the purpose of this subchapter in the event that in any year
 the amount of money available for grant assistance under this
 subchapter is insufficient to provide grant assistance to all
 eligible students described by Section 56.334.
 Sec. 56.334.  ELIGIBILITY FOR GRANT. (a) To be eligible for
 a grant under the pilot program, a student must:
 (1)  be a resident of this state as determined by
 coordinating board rules;
 (2)  meet financial need requirements as defined by the
 coordinating board;
 (3)  be enrolled in a baccalaureate degree program at
 an eligible institution;
 (4)  be enrolled as a transfer student for at least
 three-fourths of a full course load for a student in a baccalaureate
 program, as determined by the coordinating board;
 (5)  have applied for any available financial aid or
 assistance;
 (6)  not be a recipient of a TEXAS Grant under
 Subchapter M for the same semester or term;
 (7)  make satisfactory academic progress toward a
 baccalaureate degree, as determined by the coordinating board; and
 (8)  comply with any additional nonacademic
 requirement adopted by the coordinating board under this
 subchapter.
 (b)  A person is not eligible to receive a grant under this
 subchapter if the person has been granted a baccalaureate degree.
 (c)  The coordinating board shall by rule establish the
 maximum semester credit hours, or semester credit hour equivalent,
 for which an eligible student may receive a grant under this
 subchapter.
 (d)  If a student fails to meet any of the requirements
 established by the coordinating board under Subsection (a)(7) after
 the completion of any semester or term, the student may not receive
 a grant under this subchapter during the next semester or term in
 which the student enrolls. A student may become eligible to receive
 a grant under this subchapter in a subsequent semester or term if
 the student:
 (1)  completes a semester or term during which the
 student is not eligible for a grant; and
 (2)  meets all the requirements established under
 Subsection (a).
 (e)  The coordinating board shall adopt rules to allow a
 student who is otherwise eligible to receive a grant under this
 subchapter, in the event of a hardship or for other good cause
 shown, to receive a grant under this subchapter:
 (1)  while enrolled in a number of semester credit
 hours that is fewer than the number of semester credit hours
 required under Subsection (a)(4);
 (2)  if the student fails to meet the satisfactory
 academic progress requirements established by the coordinating
 board under Subsection (a)(7); or
 (3)  for a number of semester credit hours that exceeds
 the number of semester credit hours outlined in Subsection (c).
 Sec. 56.335.  GRANT USE. A student receiving a grant under
 this subchapter may use the money to pay any usual and customary
 cost of attendance that is incurred by the student at an eligible
 institution. The institution may disburse all or part of the
 proceeds of a grant under this subchapter directly to an eligible
 student only if the tuition and required fees incurred by the
 student at the institution have been paid.
 Sec. 56.336.  GRANT AMOUNT. (a) The maximum amount of a
 grant under this subchapter for an eligible student enrolled
 full-time at an eligible institution is the amount 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 eligible institutions.
 (b)  The coordinating board shall determine the average
 statewide tuition and fee amounts 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 eligible
 institutions for that semester or term in that academic year. The
 coordinating 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.
 (c)  The coordinating board may adopt rules that allow the
 board to increase or decrease, in proportion to the number of
 semester credit hours in which a student is enrolled, the amount of
 a grant award under this section to a student who is enrolled in a
 number of semester credit hours that exceeds or that is less than
 the number of semester credit hours established under Section
 56.334(a)(4).
 (d)  The amount of a grant under this subchapter may not be
 reduced by any gift aid for which the person receiving the grant is
 eligible, unless the total amount of a person's grant plus any gift
 aid received exceeds the student's total financial need at an
 eligible institution.
 (e)  An eligible institution may not:
 (1)  unless the institution complies with Subsection
 (g), charge a person attending the institution who also receives a
 grant under this subchapter an amount of tuition and required fees
 that exceeds the amount of the grant received by the person; or
 (2)  deny admission to or enrollment in the institution
 based on a person's eligibility to receive a grant or a person's
 receipt of a grant under this subchapter.
 (f)  An eligible institution may elect to award a grant under
 this subchapter to any student in an amount that is less than the
 applicable amount established under Subsection (a) or (e).
 (g)  An eligible institution shall use other available
 sources of financial aid, other than a loan, to cover any difference
 in the amount of a grant awarded under this subchapter 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 grant under
 Subsection (f); or
 (2)  a deficiency in the amount of the grant as
 established under Subsection (a) or (c), as applicable, to cover
 the full amount of tuition and required fees charged to the student
 by the institution.
 (h)  The legislature in an appropriations act shall account
 for tuition and required fees received under this section in a way
 that does not increase the general revenue appropriations to that
 institution.
 Sec. 56.337.  REPORT. Not later than December 1 of each
 even-numbered year, the coordinating board shall submit to the
 legislature a report on the effectiveness of the pilot program. The
 coordinating board shall include in the report a recommendation
 regarding whether the pilot program should be continued, expanded,
 or terminated.
 Sec. 56.338.  EXPIRATION. This subchapter expires September
 1, 2025.
 SECTION 2.  (a) The Texas Higher Education Coordinating
 Board shall adopt rules to administer the pilot program established
 under Subchapter N, Chapter 56, Education Code, as added by this
 Act, as soon as practicable after the effective date of this Act.
 (b)  The Texas Higher Education Coordinating Board and
 eligible institutions shall award initial grants under Subchapter
 N, Chapter 56, Education Code, as added by this Act, beginning with
 the 2022 spring semester.
 SECTION 3.  The Texas Higher Education Coordinating Board is
 required to implement this Act only if the legislature appropriates
 money specifically for that purpose. If the legislature does not
 appropriate money specifically for that purpose, the coordinating
 board may, but is not required to, implement this Act using other
 appropriations available for that purpose.
 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, 2021.