81R2393 KJM-D By: Driver H.B. No. 2937 A BILL TO BE ENTITLED AN ACT relating to higher education student loan repayment assistance for peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 61, Education Code, is amended by adding Subchapter II to read as follows: SUBCHAPTER II. PEACE OFFICER LOAN REPAYMENT ASSISTANCE PROGRAM Sec. 61.9851. DEFINITION. In this subchapter, "peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure. Sec. 61.9852. REPAYMENT AUTHORIZED. The board shall establish and administer a program to provide, in accordance with this subchapter and board rules, assistance in the repayment of student loans for persons who are employed as peace officers by state agencies or political subdivisions of this state and who apply and qualify for the assistance. Sec. 61.9853. ELIGIBILITY. To be eligible to receive repayment assistance under this subchapter, a person must: (1) apply to the board; (2) be a resident of this state; (3) at the time of application for repayment assistance have been employed full-time for at least one year as, and be currently employed full-time as, a peace officer by a state agency or political subdivision of this state; (4) have earned at least 60 hours of course credit at a public or private or independent institution of higher education in this state before becoming a peace officer; and (5) comply with any additional requirement adopted by board rule. Sec. 61.9854. LIMITATIONS. (a) On qualifying for repayment assistance under this subchapter, a person may receive repayment assistance for each year of employment as a peace officer, not to exceed five years. (b) The amount of repayment assistance that a person may receive for each year of employment as a peace officer may not exceed 20 percent of the peace officer's total amount of eligible loans as provided by Section 61.9855. (c) The total amount of repayment assistance provided under this subchapter to a person may not exceed $20,000. (d) The total amount of repayment assistance provided under this subchapter may not exceed the total amount of gifts and grants accepted by the board for the repayment assistance, legislative appropriations for the repayment assistance, and other funds available to the board for the repayment assistance. Sec. 61.9855. ELIGIBLE LOANS. (a) The board may provide repayment assistance for the repayment of any student loan received by an eligible person through any lender for the cost of attendance at a public or private or independent institution of higher education for a semester or other term that ended not earlier than 60 months before the date of the person initially becoming a peace officer. (b) The board may withhold repayment assistance for a student loan that is in default at the time of the peace officer's application. (c) The board may not provide repayment assistance for the repayment of a loan for the cost of attendance for credit hours a person earns after becoming a peace officer. Sec. 61.9856. REPAYMENT. (a) The board shall deliver any repayment under this subchapter in a lump sum payable to the lender and the peace officer, in accordance with any applicable federal law. (b) A repayment under this subchapter may be applied to any amount due in connection with the loan. Sec. 61.9857. ACCEPTANCE OF GIFTS. The board may solicit and accept gifts and grants from any source for the purposes of this subchapter. Sec. 61.9858. RULES. (a) The board shall adopt rules as necessary to administer this subchapter. (b) The board shall distribute a copy of the rules adopted under this section and pertinent information regarding this subchapter to: (1) each public and private or independent institution of higher education in this state; (2) any appropriate state agency; and (3) any appropriate professional association. SECTION 2. The Texas Higher Education Coordinating Board shall adopt the rules for repayment assistance under Subchapter II, Chapter 61, Education Code, as added by this Act, not later than December 1, 2009. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.