1. (a) To receive an initial award through the TEXAS Grant Program, a student must:

   1. (1) be a resident of Texas;
   2. (2) show financial need;
   3. (3) have applied for any available financial aid assistance;
   4. (4) be enrolled, unless approved under §22.229(a) of this title (relating to Hardship Provisions), at least three-quarter time in an undergraduate degree or certificate program at an eligible institution;
   5. (5) be enrolled in an undergraduate degree or certificate program and not have been granted a baccalaureate degree;

   6. (6) meet one of the two following conditions:

      1. (A) be a graduate of a public or accredited private high school in this state not earlier than the 1998-99 school year; having completed the recommended or advanced high school curriculum established under the Texas Education Code, §28.002 or §28.025, or its equivalent (except as indicated in paragraph (7) of this subsection), and unless granted a hardship extension in keeping with §22.229 of this title, enroll as an entering undergraduate student not later than the end of the 16th month after the month of high school graduation; or
      2. (B) have received an associate degree from an eligible institution no earlier than May 1, 2001, and re-enroll not later than the end of the 12th month after the month the person receives an associate degree from an eligible institution;
   7. (7) if a graduate of a public high school certified by its district not to offer all the courses necessary to complete all parts of the recommended or advanced high school curriculum, have completed all courses at the high school offered toward the completion of such a curriculum and enroll in an eligible institution not later than the end of the 16th month after the month of high school graduation (unless granted a hardship extension in keeping with §22.229 of this title); and
   8. (8) if a graduate of a private high school, graduate from a high school identified by the Texas Education Agency as accredited so the high school transcript can be accepted as equivalent to the recommended or higher curriculum offered by public high schools.

2. (b) To receive a continuation award through the TEXAS Grant Program, a student must:

   1. (1) have previously received an initial award through this program;
   2. (2) show financial need;
   3. (3) unless approved under §22.229 of this title, be enrolled at least three-quarter time;
   4. (4) be enrolled in an undergraduate degree or certificate program at an eligible institution;
   5. (5) not have been granted a baccalaureate degree; and

   6. (6) make satisfactory academic progress towards an undergraduate degree or certificate, which requires:

      1. (A) in the person's first academic year that he or she meet the satisfactory academic progress requirements as indicated by the financial aid office of his or her institution; and
      2. (B) in subsequent years, completion of at least 75 percent of the hours attempted in the student's most recent academic year, and maintenance of an overall grade point average of at least 2.5 on a four point scale or its equivalent;
   7. (7) have received a TEXAS grant for no more than 150 semester credit hours or the equivalent of no more than 90 semester credit hours for individuals eligible for TEXAS Grants based on receipt of an associate's degree; and
   8. (8) if already awarded an undergraduate certificate or associate degree while receiving a TEXAS grant, enroll in a program leading to a higher-level undergraduate degree no later than the end of the 12th month after the month the person receives the certificate or degree.
3. (c) Unless granted a hardship postponement in accordance with §22.229(c) of this title, a student's eligibility for a TEXAS grant ends six years from the start of the semester or term in which the student received his or her initial award of a TEXAS grant if the student's eligibility for a TEXAS Grant was based on his or her high school performance. Unless granted a hardship postponement in accordance with §22.229(c) of this title, a student's eligibility ends four years from the date of the semester or term in which the student received his or her initial award of a TEXAS grant if the student's eligibility was based on receiving an associate's degree.

4. (d) A person is not eligible to receive an initial or continuation TEXAS grant if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

   1. (1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or
   2. (2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a TEXAS grant.
5. (e) If a person fails to meet any of the requirements for receiving a continuation award as outlined in subsection (b) of this section after completion of any year, the person may not receive a TEXAS grant until he or she completes courses while not receiving a TEXAS grant and meets all the requirements of subsection (b) of this section as of the end of that period of enrollment.

Source Note:The provisions of this §22.228 adopted to be effective December 28, 1999, 24 TexReg 11751; amended to be effective November 26, 2001, 26 TexReg 9617; amended to be effective March 2, 2003, 28 TexReg 1862.