EMERGENCY RULESAn 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 and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional 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 19. EDUCATION PART I. Texas Higher Education Coordinating Board CHAPTER 21.Student Services SUBCHAPTER P.Professional Nurses' Student Loan Repayment Program 19 TAC sec.21.509 The Texas Higher Education Coordinating Board adopts emergency amendments to Chapter 21, Subchapter P, sec.21.509, concerning Professional Nurses' Student Loan Repayment Program (Priorities of Application Approval). The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. The rules are being proposed for emergency action to bring them into compliance with the decision of the Fifth Circuit Court of Appeals in Hopwood v. Texas. To comply with the court's ruling and the Attorney General's guidance, the rules are being amended to delete race, ethnicity or minority status from the criteria used for making awards to students. The amendments to the rules are proposed under Texas Education Code, Section 61.656 and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996). sec.21.509.Priorities of Application Approval. The advisory committee shall advise the board on priorities of application approval based upon the following criteria (not in priority order): [(1) ethnic or racial minority status;] (1)
    [(2)] geographical area of nursing practice; (2)
      [(3)] employment by a state agency; (3)
        [(4)] employment on a nonprofit nursing school faculty; (4)
          [(5)] whether the person is a practicing nurse in an area with an acute nursing shortage; and (5)
            [(6)] financial need. Issued in Austin, Texas, on September 12, 1997. TRD-9712157 James McWhorter Assistant Commissioner for Administration Texas Higher Coordinating Board Effective date: September 12, 1997 Expiration date: January 12, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER HH.Exemption Program for Texas Air and Army National Guard/ROTC Students 19 TAC sec.21.1055, sec.21.1057 The Texas Higher Education Coordinating Board adopts emergency amendments to Chapter 21, Subchapter HH, sec.21.1055 and sec.21.1057, concerning Exemption Program for Texas Air and Army National Guard/ROTC Students. The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. The rules are being proposed for emergency action to bring them into compliance with the decision of the Fifth Circuit Court of Appeals in Hopwood v. Texas. To comply with the court's ruling and the Attorney General's guidance, the rules are being amended to delete race, ethnicity or minority status from the criteria used for making awards to students. The amendments to the rules are proposed under Texas Education Code, Section 61.656 and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996). sec.21.1055.Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Adjutant General--The Adjutant General's Office to which the Texas Air and Army National Guard report. Board--The Texas Higher Education Coordinating Board. Chief Executive Officer--the President of a participating ROTC institution. Commissioner--The commissioner of higher education, the chief executive officer of the board. Financial need--The cost of attendance at an eligible institution less the expected family contribution and any gift aid for which the student is eligible. The cost of attendance and family contribution are to be determined in accordance with board guidelines. The cost of attendance includes tuition, fees, books and supplies and living expenses. Full-time Student--An individual enrolled for the equivalent of at least 12 semester credit hours each semester, including military science courses. [Minority--A student whose ethnic or racial group is Black (Non-Hispanic), Hispanic, American Indian or Alaskan Native, or Asian or Pacific Islander.] Program Officer--The Texas Air and Army National Guard/ROTC Exemption Program Officer designated by an eligible institution to represent the board for the program on that campus. Resident-- A bona fide resident of the State of Texas as determined by the board and reflected in Subchapter B of this chapter (relating to Determining Residence Status). Nonresident students eligible to pay resident tuition rates are excluded from this program. Room and Board Exemption--An exemption from the payment of an eligible institution's fees and charges for lodging and board as described in Section 21.1062(b) of this title (relating to Award Amounts). ROTC--The Reserve Officers Training Corps for the Texas Air National Guard and the Texas Army National Guard. ROTC Institution--An institution of higher education, as defined by Section 61.003 of the Texas Education Code, that maintains a Reserve Officers' Training Corps (ROTC). Tuition and Fee Exemption--An exemption from the payment of all of an eligible institution's dues, fees, and enrollment charges, including correspondence courses, general property deposit fees, and student services fees. This does not include fees or charges for clothing, books or supplies. sec.21.1057.Selection Committee. (a) (No change.) (b) Duties. The selection committee shall (1) review applications and conduct interviews of students who have applied for the exemption and determine which students qualify to receive the exemption, taking the following criteria into consideration: (A)-(B) (No change.) [(C) the state's ethnic, racial and gender diversity; and] (C)
              [(D)] projected staffing requirements for the Texas Air and Army National Guard (2) determine whether an extension of the two-year lodging and board exemption or four-year tuition and fee exemption should be granted for periods of active military duty required of the student; (3)-(4) (No change.) Issued in Austin, Texas, on September 12, 1997. TRD-9712159 James McWhorter Assistant Commissioner for Administration Texas Higher Coordinating Board Effective date: September 12, 1997 Expiration date: January 12, 1997 For further information, please call: (512) 483-6162 CHAPTER 22.Grant and Scholarship Programs SUBCHAPTER F.Provisions for the Scholarship Programs for Vocational Nursing Students 19 TAC sec.22.103, sec.22.104 The Texas Higher Education Coordinating Board adopts emergency amendments to Chapter 22, Subchapter F, sec.22.103 and sec.22.104, concerning Provisions for the Scholarship Programs for Vocational Nursing Students. The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. The rules are being proposed for emergency action to bring them into compliance with the decision of the Fifth Circuit Court of Appeals in Hopwood v. Texas. To comply with the court's ruling and the Attorney General's guidance, the rules are being amended to delete race, ethnicity or minority status from the criteria used for making awards to students. The amendments to the rules are proposed under Texas Education Code, Section 61.656 and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996). sec.22.103.Program Titles and Distinctions. Three scholarship programs for vocational nursing students are to be administered in accordance with this subchapter. Their titles are the General Scholarship Program for Vocational Nursing Students, the Vocational Nursing Scholarship Program
                [Scholarship Program for Ethnic Minorities in Vocational Nursing] and the Scholarship Program for Rural Vocational Nursing Students. All three programs will be administered in keeping with this subchapter.
                  [;however:] (1) Funds awarded through the General Scholarship Program for Vocational Nursing Students may go to any eligible student.
                    [funds awarded through the Scholarship Program for Ethnic Minorities in Vocational Nursing can only go to students who are members of ethnic or racial minority groups comprising less than fifty percent of the state's population as revealed in the most recent federal census, and,] (2) (No change.) sec.22.104.Eligible Students. To receive funds through one of the Vocational Nurses Scholarship Programs, a student must meet the general eligibility requirements of this chapter and be enrolled in a vocational nursing program. In determining student eligibility, the board shall consider the following factors relating to each applicant: [(1) member of an ethnic minority or race comprising less than fifty percent of the state's population;] (1)
                      [(2)] scholastic ability and performance as measured by high school rank and grade point average, GED score, or college grade point average; (2)
                        [(3)] geographical area of nursing practice; (3)
                          [(4)] financial need; (4)
                            [(5)] receipt of Aid to Families with Dependent Children or participation in another public welfare program; and (5)
                              [(6)] employment by a state agency. Issued in Austin, Texas, on September 12, 1997. TRD-9712161 James McWhorter Assistant Commissioner for Administration Texas Higher Coordinating Board Effective date: September 12, 1997 Expiration date: January 12, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER G.Provisions for the Scholarship Programs for Professional Nursing Students 19 TAC sec.sec.22.123, 22.124, 22.125 The Texas Higher Education Coordinating Board adopts emergency amendments to Chapter 22, Subchapter G, sec.sec.22.123, 22.124, 22.125, concerning Provisions for the Scholarship Programs for Professional Nursing Students. The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. The rules are being proposed for emergency action to bring them into compliance with the decision of the Fifth Circuit Court of Appeals in Hopwood v. Texas. To comply with the court's ruling and the Attorney General's guidance, the rules are being amended to delete race, ethnicity or minority status from the criteria used for making awards to students. The amendments to the rules are proposed under Texas Education Code, Section 61.656 nd Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996). sec.22.123.Program Titles and Distinctions. Five scholarship programs for nursing students are to be administered in accordance with this subchapter. Their titles are the Professional Nursing Scholarship Program
                                [Scholarship Program for Ethnic Minorities in Professional Nursing], the Scholarship Program for Rural Professional Nursing Students, the Scholarship Program for Licensed Vocational Nurses Becoming Professional Nurses, the Scholarship Program for Rural BSN and Graduate Nursing Students, and the General Scholarship Program for Professional Nursing Students. All five programs will be administered in keeping with this subchapter. [; however:] [(1) funds awarded through the Scholarship Program for Ethnic Minorities in Professional Nursing can only go to students whose ethnic or racial group is Black, Non-Hispanic; Hispanic, Asian or Pacific Islander, American Indians or Alaskan Natives;] (1)
                                  [(2)] Funds awarded through the Scholarship Program for Rural Professional Nursing Students can only go to students who graduated from high schools located in rural areas (nonmetropolitan areas as defined by the United States Census Bureau in its most recent census) or who have lived in such a rural area of Texas for the 12 months prior to enrollment in a professional nursing program. Furthermore, Rural Professional Nursing Scholarship recipients must be attending a nursing program offered in a rural area of the state (a nonmetropolitan county as defined by the most recent census of the United States Census Bureau). Extended campuses, if in rural (nonmetropolitan) locations, are eligible to participate. (2)
                                    [(3)] Funds awarded through the Scholarship Program for Licensed Vocational Nurses Becoming Professional Nurses must go to students who are Licensed Vocational Nurses enrolled in a program leading to licensure as a Professional Nurse. (3)
                                      [(4)] Funds awarded through the Scholarship Program for Rural BSN and Graduate Nursing Students must go to students who graduated from high schools located in rural (nonmetropolitan) areas or who have lived in a rural area of Texas for the 12 months prior to enrollment in a professional nursing program. Rural BSN and graduate nursing students may be attending a nursing program offered at any eligible institution in the State. (4)
                                        [(5)] Funds awarded through the General Scholarship Program for Professional Nursing students may go to any eligible student. sec.22.124.Eligible Students. To receive funds through one of the Professional Nursing Student Scholarship Programs, a student must meet the general eligibility requirements of this chapter and be enrolled in a professional nursing program or, (if applying for an award through the Scholarship Program for Licensed Vocational Nurses studying to become Professional Nurses) be a Licensed Vocational Nurse enrolled on at least a half-time basis in a program of study leading to licensure as a Professional Nurse. In determining what best promotes the health care and educational needs of this State, the board shall consider the following factors relating to each applicant: [(1) member of an ethnic minority or race which is Black, Non-Hispanic; Hispanic; Asian or Pacific Islander; American Indians or Alaskan Natives minority status;] (1)
                                          [(2)] scholastic ability and performance as measured for entering freshmen by high school grade point average, rank and scores on standardized college entrance examination, and for continuing or transfer college students by its college grade point average; (2)
                                            [(3)] geographical area of nursing practice; (3)
                                              [(4)] financial need; (4)
                                                [(5)] whether the person received Aid to Families with Dependent Children or participates in another public welfare program; (5)
                                                  [(6)] employment by a state agency; (6)
                                                    [(7)] eployment on a nursing school faculty of an eligible institution; and (7)
                                                      [(8)] whether the person at the time of application to participate in the scholarship program is a practicing nurse in an area with an acute nursing shortage or is likely to practice in such an area. sec.22.125.Award Amounts. The maximum award for a student through any of the programs is the lesser of the student's financial need or the program maximum as stated below: (1) for the Professional Nursing Scholarship Program
                                                        [Scholarship Program for Ethnic Minorities in Professional Nursing] -- $2,000 per year for those enrolled in an associate degree program and $3,000 for each student enrolled in a baccalaureate or graduate degree program; (2)-(5) (No change.) Issued in Austin, Texas, on September 12, 1997. TRD-9712163 James McWhorter Assistant Commissioner for Administration Texas Higher Coordinating Board Effective date: September 12, 1997 Expiration date: January 12, 1997 For further information, please call: (512) 483-6162 SUBCHAPTER I.Provisions for the Fifth-Year Accounting Student Scholarship Program 19 TAC sec.22.163 The Texas Higher Education Coordinating Board adopts emergency amendments to Chapter 22, Subchapter I, sec.22.163, concerning Provisions for the Fifth-Year Accounting Student Scholarship Program (Eligible Students). The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. The rules are being proposed for emergency action to bring them into compliance with the decision of the Fifth Circuit Court of Appeals in Hopwood v. Texas. To comply with the court's ruling and the Attorney General's guidance, the rules are being amended to delete race, ethnicity or minority status from the criteria used for making awards to students. The amendments to the rules are proposed under Texas Education Code, Section 61.755 and Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996). sec.22.163.Eligible Students. (a) (No change.) (b) In selecting recipients the program officer shall consider at a minimum the following factors relating to each applicant: (1) (No change.) [(2) member of an ethnic minority or race which is Black, non-Hispanic; Hispanic; Asian or Pacific Islander or American Indian or Alaskan Native;] (2)
                                                          [(3)] scholastic ability and performance as measured by the student's cumulative college grade point average as determined by the institution in which the student is enrolled; and (3)
                                                            [(4)] Texas residency. Issued in Austin, Texas, on September 12, 1997. TRD-9712165 James McWhorter Assistant Commissioner for Administration Texas Higher Coordinating Board Effective date: September 12, 1997 Expiration date: January 12, 1997 For further information, please call: (512) 483-6162