Sec. 61.9772. ELIGIBILITY; NOMINATION AND SELECTION. (a) To receive an initial scholarship under this subchapter, a student must: (1) be enrolled in a public or private institution of higher education in this state and, while enrolled at the institution: (A) enroll in and be a member in good standing of a Reserve Officers' Training Corps (ROTC) program or another officer commissioning program such as the United States Marine Corps Platoon Leaders Class; (B) submit to the board proof of the student's successful completion of a program described by Paragraph (A); or (C) submit to the board proof of the student's acceptance into the officer commissioning program for the Texas State Guard, as defined by Section 437.001 , Government Code; (2) be appointed to receive a scholarship by the governor, the lieutenant governor, a state senator, or a state representative; and (3) enter into an agreement with the board under Section 61.9773 . (b) In each year, the governor and the lieutenant governor shall each appoint two students and two alternates and each state senator and each state representative shall appoint one student and one alternate to receive an initial scholarship under this subchapter. If a student appointed under this subsection to receive a scholarship fails to initially meet eligibility or otherwise meet the requirements to initially receive the scholarship, the board must notify the alternate on file of their nomination. (b-1) A state senator or state representative shall make the appointments required by Subsection (b) not later than September 30 of each year. If a state senator or state representative fails to make a timely appointment in accordance with this subsection, the lieutenant governor or the speaker of the house of representatives, as appropriate, shall promptly fill the vacancy in appointment or designate a member of their respective chamber to promptly make the appointment on their behalf. (c) For a student to continue to receive a scholarship awarded under this subchapter, the student must maintain satisfactory academic progress as determined by the board. (d) If the board determines that a student appointed under Subsection (b) to receive an initial scholarship under this subchapter has failed to maintain eligibility or otherwise meet the requirements to continue receiving the scholarship, beginning with the academic year following the determination, the elected official who appointed the student may appoint another eligible student under this subchapter to receive any available funds designated for the student who no longer meets the requirements for the scholarship.
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