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 on at least a half-time basis in an associate's degree or certificate program at an eligible institution;
   5. (5) not be eligible for a TEXAS Grant; 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 on at least a half-time basis;
   4. (4) be enrolled in an associate's degree or certificate program at an eligible institution;
   5. (5) not have been granted a baccalaureate degree;
   6. (6) not be eligible for a TEXAS Grant; and

   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.

      1. (A) The completion rate calculations may be made in keeping with institutional policies.
      2. (B) Grade point average calculations may be made in keeping with institutional policies except that if a grant recipient's grade point average falls below program requirements and the student transfers to another institution, the receiving institution cannot make a continuation award to the transfer student until he/she provides official transcripts of previous coursework to the new institution's financial aid office and that office re-calculates an overall grade point average, including hours and grade points for courses taken at the old and new institutions that proves the student's overall grade point average now meets or exceeds program requirements.

3. (c) Discontinuation of Eligibility or Non-Eligibility.

   1. (1) A student may not receive a TEXAS Grant II for more than 75 semester credit hours or its equivalent.
   2. (2) A student'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.

   3. (3) 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 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. (A) 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. (B) 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.
   4. (4) 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 August 16, 2004, 29 TexReg 7988.