TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §§22.24, 22.25, 22.29

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §§22.24, 22.25, and 22.29, concerning Provisions for the Tuition Equalization Grant (TEG) Program. The proposed amendments to these sections strike references to non-resident students (eligible to pay in-state tuition) who are National Merit finalists, as these students are no longer eligible to receive awards through the TEG program. These amendments will align program rules with the new provisions enacted by General Appropriations Act, SB 1, 85th Texas Legislature, Article III. These amendments were adopted on an emergency basis, and are now being filed as proposed amendments to allow for a 30 day comment period.

Dr. Charles W. Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Puls has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the section will be increased program funding for students with the highest need. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Charles W. Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, 512-427-6365, charles.puls@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, §61.229, which provides the Coordinating Board with the authority to adopt rules for the administration of the Tuition Equalization Grant Program.

The amendments affect Texas Education Code, §61.2251 and §61.2252.

§22.24.Provisions that Apply Only to 2006 Revised TEG Program Students

(a) Eligible Students. To receive an award through the TEG Program, a 2006 Revised TEG Program student must:

(1) - (3) (No change.)

(4) be a resident of Texas as determined based on data collected using the Residency Core Questions and in keeping with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status)[, unless such student is a National Merit scholarship finalist and has received a scholarship in the amount required to be eligible to pay Texas resident tuition under the Texas Education Code §54.213(a)];

(5) - (9) (No change.)

(b) - (e) (No change.)

§22.25.Provisions that Apply Only to Original TEG Program Students

(a) Eligible Students. To receive an award through the TEG Program, an Original TEG Program student must:

(1) - (3) (No change.)

(4) be a resident of Texas as determined based on data collected using the Residency Core Questions and in keeping with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status)[, unless such student is a National Merit scholarship finalist and has received a scholarship in the amount required to be eligible to pay Texas resident tuition under the Texas Education Code §54.213(a)];

(5) - (9) (No change.)

(b) - (c) (No change.)

§22.29.Allocation and Reallocation of Funds

(a) (No change.)

(b) Allocations for Fiscal Year 2020 and later. Allocations for the TEG Program are to be determined on an annual basis as follows:

(1) (No change.)

(2) The allocation base for each institution choosing to participate will be its three-year average share of the total statewide amount of the Total TEG Need, subject to the limits in Texas Education Code, §61.227(c) and (e), based on the students who met the following criteria:

(A) - (C) (No change.)

(D) Classified as a Resident of Texas[, unless such student is a National Merit scholarship finalist and has received a scholarship in the amount required to be eligible to pay Texas resident tuition under the Texas Education Code §54.213(a)];

(E) - (H) (No change.)

(3) - (8) (No change.)

(c) - (d) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 28, 2017.

TRD-201702818

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 10, 2017

For further information, please call: (512) 427-6104