Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter Y. Controlled Substances Tax 34 TAC sec.3.681 The Comptroller of Public Accounts is renewing the effectiveness of the emergency adoption of amended sec.3.681, for a 60-day period effective December 30, 1991. The text of amended sec.3.681 was originally published in the September 3, 1991, issue of the Texas Register (16 TexReg 4795). Issued in Austin, Texas, on December 19, 1991. TRD-9116172 Anne Hildebrand Agency Liaison Comptroller of Public Accounts Effective date: December 30, 1991 Expiration date: February 28, 1992 For further information, please call: (512) 463-4028 34 TAC sec.3.682 The Comptroller of Public Accounts is renewing the effectiveness of the emergency adoption of amended sec.3.682, for a 60-day period effective December 30, 1991. The text of amended sec.3.682 was originally published in the September 3, 1991, issue of the Texas Register (16 TexReg 4795). Issued in Austin, Texas, on December 19, 1991. TRD-9116265 Anne Hildebrand Agency Liaison Comptroller of Public Accounts Effective date: December 30, 1991 Expiration date: February 28, 1992 For further information, please call: (512) 463-4028 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Administration Conditional Grant Program 43 TAC sec.sec.1.400-1.409 The Texas Department of Transportation adopts on an emergency basis new sec.sec.1.400-1.409 concerning a conditional grant program. Section 1.400 describes the department's intent which is to establish procedures for the administration of a conditional grant program; sec.1.401 describes the program, which is to provide financial assistance to eligible minority students who exhibit an aptitude for engineering, intend to become civil engineers and work for the department for two years after graduation; s1.402 defines terms to be used under this undesignated head; sec.1.403 describes the eligibility requirements to receive financial aid; sec.1.404 describes how a student applies for a conditional grant; sec.1.405 requires eligible students to sign an agreement setting forth the terms and conditions of the grant; sec.1.406 describes the type and amount of financial assistance that eligible students may receive; sec.1.407 describes how a student may receive a stipend as part of a conditional grant; sec.1.408 describes how a student would be declared in default of the grant agreement; and sec.1.409 describes how a student who defaults will repay the conditional grant. Adoption on an emergency basis is necessary to implement the requirements of Senate Bill 352, Regular Session, 72nd Legislature, 1991, which requires the Texas Department of Transportation to establish and administer a conditional grant program to provide financial assistance to minority students who exhibited in the student's secondary school performance an aptitude for engineering and who intend to become civil engineers and work for the department for two academic years following graduation. Senate Bill 352 requires the department to make conditional grants to eligible students for use beginning with the fall semester in 1992. Emergency adoption will enable the department to comply with the legislative requirement to adopt rules by January 1, 1992, and will prevent undue hardship to potentially eligible students applying for fall semester assistance. The emergency sections are adopted under Texas Civil Statutes, Article 6666, which provides the Texas Transportation Commission with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation, and Senate Bill 352, 72nd Legislature, Regular Session, 1991, which requires the department to adopt rules implementing a conditional grant program. sec.1.400. Purpose. The sections under this undesignated head establish procedures for the administration of a conditional grant program which will provide financial assistance to eligible minority students who intend to become civil engineers and work for the department. sec.1.401. Program. Upon determination by the executive director or his designee, the department may provide financial assistance to each eligible minority student who: (1) has exhibited an aptitude for engineering in the student's secondary school performance; (2) intends to become a civil engineer; and (3) intends to work for the department for the two years immediately following the date of the student's receipt of a civil engineering degree from an accredited State of Texas institution. sec.1.402. Definitions. The following words and terms, when used in the sections under this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise. Accredited-Certified by a nationally recognized agency determined by the United States Secretary of Education to be a reliable authority concerning the quality of civil engineering degree programs. Available grants -The number of grants, based on available funding, the commission determines may be awarded in an academic year. Committee-The Conditional Grant Selection Committee, appointed by the executive director, that is responsible for ranking applicants as based on selection criteria. Conditional grant-Financial assistance given to an eligible student. Declaration of intent-A signed and notarized document stating that the student intends to become a civil engineer and work for the department for two years immediately following the date of the student's receipt of a civil engineering degree. Department-The Texas Department of Transportation. Executive director-The chief administrative officer of the Texas Department of Transportation. Institution-Any public senior college or university of higher education as certified by the Coordinating Board, Texas College and University System in accordance with the Education Code, sec.61.003. Minority student -A person who has racial or ethnic identification with one of the following groups. (1) Black-All persons having origins in any of the black racial groups of Africa (Not of Hispanic origin). (2) Hispanic-All persons of Mexican, Puerto Rican, Cuban, Central or South American, or Spanish culture or origin, regardless of race. (3) Asian or Pacific Islander-All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa. (4) American Indian/Alaskan Native-All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. Stipend-A monthly amount of financial assistance based on financial need. Texas resident -A person qualifying as a Texas resident pursuant to 19 TAC sec.21.1 et seq. sec.1.403. Eligibility. (a) Initial eligibility. (1) To be initially eligible for a conditional grant, a student must: (A) be a Texas resident; (B) be a minority; (C) be ranked by the committee among the top number of applicants commensurate with the number of available grants, pursuant to sec.1.404 of this title (relating to Application); and (D) except as provided in paragraph (2) of this subsection, exhibit in secondary school performance an aptitude for engineering by receiving: (i) an overall grade point average of at least 3.00 on a 4-point scale or a minimum score of 850 on the SAT or 21 on the ACT; and (ii) a grade of at least "B" in no fewer than three laboratory science or higher mathematics courses. (2) A student, who by reason of course unavailability cannot satisfy the requirements under paragraph (D)(ii) of this subsection, may substitute the following: (A) a grade of at least "B" in no fewer than two mechanical or engineering drawing or related vocational educational courses; and (B) letters of recommendation from two knowledgeable secondary school teachers or from one professional engineer indicating that the student has an aptitude for engineering. (b) Continued eligibility. In order to maintain eligibility, a student must: (1) be enrolled each semester in an institution in a course of instruction leading toward a degree in civil engineering; (2) maintain an overall institutional grade point average of at least 2.50 on a 4-point scale; and (3) receive credit for not fewer than 12 hours each semester. (c) Waiver. The department may waive, upon approval of the executive director, the requirement that a student receive credit for not fewer than 12 hours each semester if a student demonstrates hardship. Hardship may involve serious illness, family emergency, or other extraordinary circumstances beyond the control of the student. sec.1.404. Application. (a) Application for conditional grant. (1) To apply for a conditional grant, a student must submit to the department: (A) a completed application in a form prescribed by the department; and (B) a declaration of intent. (2) The application will require information and documentation relating to residency status, secondary school performance, the intended enrollment institution, and such other information the department deems necessary to determine eligibility pursuant to sec.1.403 of this title (relating to Eligibility). (3) An application must be submitted by March 1st for fall semester admission and by October 1st for spring semester admission. (b) Review of applications. The committee will review applications for eligibility and will rank applicants according to the following selection criteria: (1) secondary school grade point average; (2) SAT or ACT score; (3) honors and awards from, and participation in, technical, scientific, engineering, or academic organizations such as Texas Alliance for Minorities in Engineering, Junior Engineering Technical Society, and the Summer Enrichment Experience in Engineering program; (4) courses and grades in secondary school math and science courses; (5) vocational education; and (6) work experience. sec.1.405. Grant Agreement. (a) Notice. The department will send written notice to all applicants informing them of their eligibility. (b) Execution. (1) If determined to be eligible, a student will be required to execute a grant agreement prior to receiving a conditional grant. (2) The grant agreement will be in a form prescribed by the department and will set forth the terms and conditions of the grant, including, but not limited to, the amount of the grant and the requirements of continued eligibility pursuant to sec.1.403 of this title (relating to Eligibility). sec.1.406. Conditional Grant. (a) The amount of a conditional grant is the sum of: (1) the amount of tuition and fees for the student, as certified by the institution; and (2) a stipend based upon financial need as provided by sec.1.407 of this title (relating to Stipend). (b) Each semester the department will distribute a conditional grant for each eligible student on receipt of an enrollment report and certification of the amount of tuition and fees for the student from the institution. (c) The total amount of any one conditional grant may not exceed $2,500 per academic semester. (d) If the amount appropriated to the department for conditional grants is less than the estimated amount of all unpaid conditional grants, the department will proportionally reduce each unpaid conditional grant. sec.1.407. Stipend. (a) A student desiring to receive a stipend must: (1) sign a financial information release statement; and (2) complete the required financial need forms at the institution. (b) The department will award a stipend to the student upon certification by the institution of the student's certified financial need. sec.1.408. Default. The department will declare a student to be in default of the grant agreement and will require the student to repay all conditional grant funds received from the department if the student: (1) withdraws from the institution; or (2) fails to comply with one or more requirements of the grant agreement. sec.1.409. Repayment. Upon a determination of a default of the grant agreement the department will establish a schedule for installment repayment for a period not to exceed 10 years beginning no fewer than six months subsequent to the determination of default. Issued in Austin, Texas, on December 19, 1991. TRD-9116178 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: December 19, 1991 Expiration date: April 17, 1992 For further information, please call: (512) 463-8630