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.