1. (a) To receive an initial award through the TEXAS Grant II 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 at least half time in an associate's degree or certificate program at an eligible institution;
   5. (5) not be eligible for an award through the TEXAS Grant Program; and
   6. (6) not have been granted an associate's or baccalaureate degree.

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

   1. (1) have previously received an initial award through this program;
   2. (2) show financial need;
   3. (3) be enrolled at least half time;
   4. (4) be enrolled in an associate's degree or certificate program at an eligible institution;
   5. (5) not have been granted an associate's or baccalaureate degree;
   6. (6) not be eligible for an award through the TEXAS Grant Program;
   7. (7) make satisfactory academic progress towards an undergraduate degree or certificate, which requires 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; and
   8. (8) have received TEXAS Grant II awards for no more than 75 semester credit hours or the equivalent.
3. (c) A person's eligibility for a TEXAS Grant II award ends four years from the start of the semester or term in which the student received his or her initial award of a TEXAS Grant II.

4. (d) A person is not eligible to receive an initial or continuation TEXAS Grant II award if the person has been convicted of a felony or an offense under Health and Safety Code, Chapter 481 (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Health and Safety Code, Chapter 481 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 II award.
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 II award until he or she completes courses while not receiving a TEXAS Grant II 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 §22.256 adopted to be effective November 26, 2001, 26 TexReg 9617.