HBA-MPM H.B. 3447 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3447
By: Swinford
Higher Education
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Students from families who make enough money to disqualify the student for
need-based loans and grants may still have difficulty paying for college
without some financial assistance.  This need was addressed by the student
government of West Texas A&M University through a student referendum in
which students voted to add a $.50 fee for each semester hour to fund an
endowment to be used to fund scholarships and internships for such
students.  H.B. 3447 establishes an optional Student Endowment Scholarship
and Internship Program (program), in which institutions of higher education
may participate upon election to do so by the student government, to assist
students with the payment of college costs through funded scholarships and
internships.  This bill further sets up methods of funding through an
additional student fee and matching state funds.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 56, Education Code, by adding Subchapter M, as
follows: 

SUBCHAPTER M.  STUDENT ENDOWMENT 
SCHOLARSHIP AND INTERNSHIP PROGRAM

Sec. 56.241.  DEFINITIONS.  Defines "general academic teaching institution"
(institution) with the meaning assigned by Section 61.003, Education Code. 

Sec. 56.242.  STUDENT ENDOWMENT SCHOLARSHIP AND INTERNSHIP PROGRAM.
Provides that the Student Endowment Scholarship and Internship Program
(program) is an optional grant program for all institutions. 

Sec. 56.243.  ELECTION TO PARTICIPATE.  Authorizes an institution to elect
to participate in the program no later than September 1, 2004.  Provides
that for the institution to elect to participate, the institution's student
government must determine by official action that the program would benefit
the institution, and if so determined, the majority of students must vote
for an additional fee and the potential matching grant from the state in a
general election called for that purpose.  Requires the governing board
(board) of the institution to impose and decide the structure of the
additional fee if so approved in the election. 

Sec. 56.244.  STATE MATCH. (a)  Requires the legislature to appropriate  to
an institution, for a five-year period beginning with the fiscal biennium
beginning following the election, an amount not to exceed 50 cents for each
of the total number of semester credit hours (hours) in which students are
enrolled at the institution during an academic year, if the institution
elects to participate in the program. 

(b)  Prohibits the amount of an appropriation in a year from exceeding the
revenue from the additional fee received by the institution for that year. 

 Sec. 56.245.  TYPES OF SCHOLARSHIPS; INTERNSHIP.  Requires an institution
to provide financial assistance under this subchapter through scholarships
based on leadership, financial need, and academic achievement and through
an internship program. 

Sec. 56.246.  ELIGIBILITY.  (a)  Requires the board, with the assistance of
an advisory committee (committee) established by the board, to implement
certain eligibility requirements and selection methods with respect to the
program. 

(b)  Specifies that a student is ineligible for a student endowment
scholarship or student endowment internship funding if on disciplinary or
academic probation, or if the student is not enrolled at the institution. 

(c)  Authorizes the institution to provide financial assistance under this
subchapter to students in any field or major designated by the institution. 

Sec. 56.247.  AMOUNT OF SCHOLARSHIP OR INTERNSHIP FUNDING.  (a)  Prohibits
the amount of student endowment scholarship funding for an internship from
exceeding $500 per semester or summer session during the five-year period
during which the institution may receive state matching funds. 

(b)  Prohibits the amount of a student endowment scholarship from exceeding
the amount of tuition and required fees a student would be charged by the
institution. 

(c)  Prohibits the amount of student endowment internship funding from
exceeding the amount of tuition and required fees that a student would be
charged by the institution during the student's period of internship. 

(d)  Provides that on receipt of a scholarship or internship funding under
this subchapter, a student must comply with applicable conditions of the
scholarship or funding. 

Sec. 56.248.  STUDENT ENDOWMENT FUND.  (a)  Requires each institution to
establish a student endowment fund consisting of the revenue from the
additional student fee, the state matching funds, and the interest and
other income from investment of the fund.  Requires the fund to be invested
by the board according to policies governing investment of such funds. 

(b)  Requires scholarships and internships to be paid from the fund,
subject to the requirements of this section and Section 56.247, Education
Code. 

(c)  Authorizes scholarships and internships to be paid from the income and
principal of the fund, except that after the five-year period when state
matching funds are payable, for any year no more than five percent of the
principal of the fund may be expended for that purpose. 

(d)  Provides that five percent of the capital gains for any year from
investment of the fund is considered income for purposes of this section. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.