By: Hinojosa S.B. No. 145
(In the Senate - Filed November 8, 2010; January 31, 2011,
read first time and referred to Committee on Higher Education;
April 18, 2011, reported favorably by the following vote: Yeas 5,
Nays 0; April 18, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to student loan repayment assistance for nurses employed
as faculty members at certain institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Education Code, is amended by adding
Subchapter GG to read as follows:
SUBCHAPTER GG. NURSING FACULTY LOAN REPAYMENT ASSISTANCE PROGRAM
Sec. 61.9781. 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 nurses who:
(1) are serving on the faculties of nursing degree
programs at institutions of higher education or private or
independent institutions of higher education in positions that
require an advanced degree in professional nursing; and
(2) apply and qualify for the assistance.
Sec. 61.9782. ELIGIBILITY. To be eligible to receive loan
repayment assistance under this subchapter, a nurse must:
(1) apply to the board;
(2) 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 faculty member of a
nursing degree program at an institution of higher education or a
private or independent institution of higher education; and
(3) comply with any additional requirements adopted by
board rule.
Sec. 61.9783. LIMITATIONS. (a) On qualifying for loan
repayment assistance under this subchapter, a nurse may receive
repayment assistance for each year of full-time employment as a
faculty member of a nursing degree program at an institution of
higher education or private or independent institution of higher
education, not to exceed five years.
(b) The amount of loan repayment assistance received by a
nurse under this subchapter may not exceed $5,000 in any one year.
(c) The total amount of loan 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,
including any money reallocated under Section 61.9786.
Sec. 61.9784. ELIGIBLE LOANS. (a) The board may provide
repayment assistance for the repayment of any student loan for
education at any public or private institution of higher education,
including a loan for undergraduate education, received by an
eligible person through any lender.
(b) The board may not provide repayment assistance for a
student loan that is in default at the time of the nurse's
application.
Sec. 61.9785. REPAYMENT. (a) The board shall deliver any
repayment under this subchapter in a lump sum:
(1) payable to both the lender or other holder of the
loan and the nurse; or
(2) directly to the lender or other holder of the loan
on the nurse's behalf.
(b) A repayment under this subchapter may be applied to any
amount due in connection with the loan.
Sec. 61.9786. REALLOCATION OF MONEY. (a) In each state
fiscal year, the board shall reallocate for loan repayment
assistance under this subchapter for a particular year any money in
the physician education loan repayment program account established
under Section 61.5391 that exceeds the amount necessary in that
fiscal year for purposes of repayment assistance under Subchapter
J.
(b) Each year money reallocated under this section may be
used to fund loan repayment assistance for not more than 50 eligible
applicants.
(c) Any money reallocated under Subsection (a) in a fiscal
year that is not used for loan repayment assistance under this
subchapter in that fiscal year is treated as if that unused amount
had not been reallocated in that fiscal year.
Sec. 61.9787. SOLICITATION AND ACCEPTANCE OF GIFTS. The
board may solicit and accept gifts and grants from any source for
the purposes of this subchapter.
Sec. 61.9788. 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 institution of higher education and private
or independent institution of higher education;
(2) any appropriate state agency; and
(3) any appropriate professional association.
SECTION 2. Subsection (b), Section 61.5391, Education Code,
is amended to read as follows:
(b) Money in the account may not be appropriated for any
purpose except:
(1) to provide loan repayment assistance to eligible
physicians under this subchapter; or
(2) to provide loan repayment assistance under
Subchapter GG if reallocated under Section 61.9786.
SECTION 3. The Texas Higher Education Coordinating Board
shall adopt the rules for loan repayment assistance under
Subchapter GG, Chapter 61, Education Code, as added by this Act, not
later than December 1, 2011.
SECTION 4. 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, 2011.
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