HBA-MPM H.B. 2604 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2604 By: Solomons Higher Education 3/18/1999 Introduced BACKGROUND AND PURPOSE Currently, there are no laws prohibiting individuals with outstanding arrest warrants from receiving state financial aid to assist in paying tuition at a college or university. H.B. 2604 requires the Texas Higher Education Coordination Board to obtain all criminal history record information relating to an applicant for financial assistance, and makes an applicant with an outstanding arrest warrant ineligible to receive a loan, grant, scholarship, or other financial assistance funded by state revenue, including federal funds or gifts and grants accepted by this state, or to receive a student loan guaranteed by this state or the Texas Guaranteed Student Loan Corporation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Higher Education Coordinating Board in SECTION 1 (Section 56.004, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 56, Education Code, by adding Section 56.004, as follows: Sec. 56.004. APPLICANT SCREENING FOR CRIMINAL HISTORY. (a) Requires the Texas Higher Education Coordinating Board (board) to obtain from any law enforcement agency or criminal justice agency all criminal history record information relating to an applicant for financial assistance funded by state revenue or guaranteed by this state or the Texas Guaranteed Student Loan Corporation. (b) Makes an applicant who is the subject of an outstanding arrest warrant ineligible to receive a loan, grant, scholarship, or other financial assistance funded by state revenue, including federal funds or gifts and grants accepted by this state, or to receive a student loan guaranteed by this state or the Texas Guaranteed Student Loan Corporation. (c) Requires the board to adopt rules implementing this section. Requires the rules to establish periods of ineligibility resulting from adverse criminal history other than an outstanding arrest warrant as appropriate for the type of financial assistance funded or guaranteed. (d) Requires the board to notify the applicant if it determines that the applicant is ineligible for financial assistance because of an outstanding arrest warrant or other adverse criminal history. SECTION 2. Amends Subchapter F, Chapter 411, Government Code, by adding Section 411.1402, as follows: Sec. 411.1402. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS HIGHER EDUCATION COORDINATING BOARD. (a) Entitles the board to obtain from the Department of Public Safety criminal history record information it maintains relating to an applicant for financial assistance funded by state revenue or guaranteed by this state or the Texas Guaranteed Student Loan Corporation. (b) Provides that criminal history information obtained by the board under Subsection (a) may be used for any purpose related to the board's determination of an applicant's eligibility for financial assistance. Prohibits this information from being released or disclosed to any person except on court order or with the consent of the person to whom the information refers. SECTION 3.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.