CHAPTER 305. TEXAS CAREER OPPORTUNITY GRANT PROGRAM

LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE B. TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT;

EMPLOYMENT SERVICES

CHAPTER 305. TEXAS CAREER OPPORTUNITY GRANT PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 305.001. PURPOSE. The purpose of the Texas Career

Opportunity Grant Program is to help ensure a qualified workforce

to meet the needs of this state by reducing the financial

barriers to postsecondary career education and training for

economically disadvantaged Texans.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.

Sec. 305.002. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Workforce Commission.

(2) "Coordinating board" means the Texas Higher Education

Coordinating Board.

(3) "Eligible institution" means a career school or college in

this state that:

(A) holds a certificate of approval under Chapter 132, Education

Code; and

(B) is approved by the commission under Section 305.023 for its

students to participate in the grant program established under

this chapter.

(4) "Public technical institute" has the meaning assigned by

Section 61.003, Education Code.

(5) "Qualified education program" means a postsecondary

education program that meets the requirements provided by Section

305.024.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 364, Sec. 2.29, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 8.43, eff.

Sept. 1, 2003.

Sec. 305.003. MEMORANDUM OF UNDERSTANDING. The commission and

the coordinating board shall enter into a memorandum of

understanding for the coordination and administration of the

grant program established under Subchapter B. Functions assigned

to the commission under this chapter may be assigned to the

coordinating board pursuant to the memorandum of understanding.

Added by Acts 2009, 81st Leg., R.S., Ch.

197, Sec. 1, eff. May 27, 2009.

SUBCHAPTER B. GRANT PROGRAM

Sec. 305.021. TUITION ASSISTANCE GRANT; AMOUNT OF GRANT. (a)

The commission may provide tuition assistance grants to Texas

residents enrolled in a qualified education program at an

eligible institution.

(b) In selecting applicants to receive grants under this chapter

and the amount of the grant for each applicant, the commission

may consider:

(1) the financial need and resources of an applicant;

(2) the state's need for workforce development in the

applicant's proposed career field;

(3) the efficient use of the money available for grants;

(4) the fair allocation of grants to promote workforce

development in different career fields;

(5) the opportunity of applicants from all regions of this state

to receive financial assistance under this chapter; and

(6) any other factor the commission considers appropriate to

further the purposes of this chapter.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.

Sec. 305.022. LIMITATIONS ON GRANT AMOUNT. (a) The amount of a

grant under this chapter may not exceed the lower of:

(1) the maximum grant amount, if any, specified by the

legislature in an appropriation act; or

(2) the amount by which the tuition and required fees at the

eligible institution attended exceeds the average amount of

tuition and required fees that would be charged at a public

technical institute, as determined by the commission based on

information provided by the coordinating board.

(b) The total amount of grants paid under this chapter on behalf

of a student during a state fiscal year may not exceed an amount

equal to 50 percent of the average state appropriation in the

biennium preceding the biennium in which the grant is made for a

full-time student or the equivalent at a public technical

institute, as determined by the coordinating board and certified

to the commission.

(c) The amount of a grant to a part-time student shall be made

on a pro rata basis in relation to the amount of the grant the

person would be entitled to receive if enrolled as a full-time

student.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.

Sec. 305.023. APPROVAL OF INSTITUTIONS. The commission shall

approve a career school or college for its students to

participate in the grant program established under this chapter

if the school or college:

(1) has been accredited for not less than five years by an

accrediting agency recognized by the United States Department of

Education and maintains that accreditation;

(2) has held a certificate of approval under Chapter 132,

Education Code, for at least five years; and

(3) offers one or more qualified education programs.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 364, Sec. 2.30, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 8.44, eff.

Sept. 1, 2003.

Sec. 305.024. QUALIFIED EDUCATION PROGRAMS. For purposes of

this chapter, a qualified education program is a postsecondary

course of instruction in a specific career field that:

(1) is at least one academic year in length as defined by the

United States Department of Education; and

(2) leads to a certificate, certification, degree, or diploma in

the career field.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.

Sec. 305.025. NONDISCRIMINATION. The commission in

administering this chapter shall ensure compliance with Title VI,

Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), as

amended, in regard to nondiscrimination under any program or

activity receiving federal financial assistance.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.

Sec. 305.026. APPLICATION; ELIGIBILITY FOR GRANT. (a) To

receive a grant under this chapter, a person must apply to the

eligible institution in which the person enrolls in the manner

provided by commission rule.

(b) To be eligible to receive a grant under this chapter, an

applicant must:

(1) be a Texas resident and meet the requirements to qualify as

a Texas resident under Subchapter B, Chapter 54, Education Code,

and the rules of the coordinating board for the payment of

resident tuition at a public institution of higher education;

(2) be enrolled in a qualified education program at an eligible

institution for at least one-half of a full course load;

(3) be required to pay more tuition and required fees than the

amount required at a public technical institute and be charged

not less than the regular tuition and required fees paid by other

students enrolled at the eligible institution the person attends;

(4) establish financial need and eligibility for student

financial assistance in accordance with procedures and

regulations of the United States Department of Education for

financial aid programs under Title IV, Higher Education Act of

1965 (20 U.S.C. Section 1070 et seq.), as amended;

(5) not be in default on a loan made under the Federal Perkins

Loan Program, Federal Family Education Loan Program, or William

D. Ford Federal Direct Loan Program;

(6) not owe a refund on a grant received under the federal Pell

Grant program or the federal Supplemental Education Opportunity

Grant program; and

(7) comply with any other requirements adopted by the commission

under this chapter.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.

Sec. 305.027. PAYMENT OF GRANT. (a) On receipt of an

enrollment report for a student awarded a grant under this

chapter and certification of the amount of the student's

financial need from the approved institution, the commission

shall certify the amount of the grant awarded to the student.

(b) The grant shall be paid to the student through the eligible

institution in which the student is enrolled.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.

Sec. 305.028. ADOPTION AND DISTRIBUTION OF RULES. (a) The

commission may adopt reasonable rules to administer and enforce

this chapter.

(b) The commission shall distribute a copy of the rules to each

eligible institution.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.

Sec. 305.029. ANNUAL REPORT. The commission shall prepare and

deliver to the legislature an annual report regarding the grant

program established under this chapter. The report shall include

for the period covered by the report:

(1) the number of students who received grants under this

chapter; and

(2) the number of those students who attended each eligible

institution, including information on the race or ethnicity of

those students attending each institution.

Added by Acts 2001, 77th Leg., ch. 713, Sec. 1, eff. Sept. 1,

2001.