(a) Funding. Funds awarded through this program may not exceed the amount of appropriations, grants, and other funds that are available for this use.
(b) Grant Amounts.
  (1) The amount of a grant may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any gift aid received exceeds the student's cost of attendance. However, no student's grant shall be greater than the amount of the student's financial need.
  (2) The Coordinating Board shall determine and announce the maximum grant amount in a given state fiscal year by January 31 of the prior fiscal year. The calculation of the maximum grant amount for a semester will be based on the average statewide amount of tuition and required fees at eligible institutions that a resident student enrolled full-time in an associate degree or certificate program measured in semester credit hours would be charged for that semester (Texas Education Code, §56.407).
  (3) In determining the maximum grant amount, the average amount of tuition and required fees is determined by institution type (public junior colleges, public state colleges, and public technical institutes), utilizing the most recent Integrated Fiscal Reporting System reports to project the value.
(c) An approved institution may not charge a person receiving a grant through that institution an amount of tuition and required fees in excess of the grant received by the person. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a grant. If an institution's tuition and fee charges exceed the grant, it may address the shortfall in one of two ways:
  (1) it may use other available sources of financial aid to cover any difference in the amount of the grant and the student's actual amount of tuition and required fees at the institution, provided that:
    (A) for grants offered for semesters prior to the 2024 fall semester, the other available sources of financial aid do not include a loan or Pell Grant; and
    (B) for grants offered beginning with the 2024 fall semester, the other available sources of financial aid do not include a loan; or
  (2) it may waive the excess charges for the student. However, if a waiver is used, the institution may not report the recipient's tuition and fees in a way that would increase the general revenue appropriations to the institution.
(d) Grant calculations are to be completed in accordance with Subchapter A of this chapter (relating to General Provisions).

Source Note: The provisions of this §22.261 adopted to be effective August 3, 2020, 45 TexReg 5342; amended to be effective November 22, 2020, 45 TexReg 8341; amended to be effective February 15, 2024, 49 TexReg 686