1 | 1 | | By: West S.B. No. 1799 |
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2 | 2 | | (Branch, Alonzo) |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the student loan program administered by the Texas |
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8 | 8 | | Higher Education Coordinating Board; authorizing the issuance of |
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9 | 9 | | bonds. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 52.01, Education Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | Sec. 52.01. ADMINISTRATION. The Texas Higher Education |
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14 | 14 | | Coordinating Board, or its successors, shall administer the student |
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15 | 15 | | loan program authorized by this chapter pursuant to Sections 50b-4, |
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16 | 16 | | 50b-5, [and] 50b-6, and 50b-7, Article III, Texas Constitution, and |
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17 | 17 | | any former provision of the Texas Constitution authorizing bonds to |
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18 | 18 | | finance educational loans to students. Personnel and other |
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19 | 19 | | expenses required to properly administer this chapter shall be |
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20 | 20 | | funded by: |
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21 | 21 | | (1) the general appropriations acts; or |
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22 | 22 | | (2) any other source of revenue received by the board |
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23 | 23 | | in connection with the operation of the student loan program. |
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24 | 24 | | SECTION 2. Subdivision (4), Section 52.501, Education Code, |
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25 | 25 | | is amended to read as follows: |
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26 | 26 | | (4) "Bond" means a general obligation bond issued by |
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27 | 27 | | the board under Section 50b-4, 50b-5, [or] 50b-6, or 50b-7, Article |
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28 | 28 | | III, Texas Constitution, or any former provision of the Texas |
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29 | 29 | | Constitution authorizing bonds to finance educational loans to |
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30 | 30 | | students. |
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31 | 31 | | SECTION 3. Subdivision (2), Section 52.81, Education Code, |
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32 | 32 | | is amended to read as follows: |
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33 | 33 | | (2) "Bond" means a general obligation bond issued by |
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34 | 34 | | the board under former Section 50b-3 or Section 50b-4, 50b-5, [or] |
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35 | 35 | | 50b-6, or 50b-7, Article III, Texas Constitution. |
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36 | 36 | | SECTION 4. Subsections (a) and (d), Section 52.82, |
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37 | 37 | | Education Code, are amended to read as follows: |
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38 | 38 | | (a) The board may by resolution authorize the issuance of |
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39 | 39 | | general obligation bonds. The principal amount of outstanding |
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40 | 40 | | bonds issued under this section must at all times be equal to or |
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41 | 41 | | less than the amount provided by Section 50b-7, Article III, Texas |
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42 | 42 | | Constitution [in total aggregate amounts not to exceed: |
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43 | 43 | | [(1) $300 million under former Section 50b-3, Article |
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44 | 44 | | III, Texas Constitution; |
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45 | 45 | | [(2) $300 million under Section 50b-4, Article III, |
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46 | 46 | | Texas Constitution; |
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47 | 47 | | [(3) $400 million under Section 50b-5, Article III, |
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48 | 48 | | Texas Constitution; and |
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49 | 49 | | [(4) $500 million under Section 50b-6, Article III, |
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50 | 50 | | Texas Constitution]. |
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51 | 51 | | (d) The total amount of bonds issued by the board in a state |
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52 | 52 | | fiscal year may not exceed $350 [$125] million. |
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53 | 53 | | SECTION 5. Section 52.87, Education Code, is amended to |
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54 | 54 | | read as follows: |
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55 | 55 | | Sec. 52.87. MANDAMUS. The performance of official duties |
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56 | 56 | | prescribed by this subchapter and by former Section 50b-3 and |
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57 | 57 | | Sections 50b-4, 50b-5, [and] 50b-6, and 50b-7, Article III, Texas |
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58 | 58 | | Constitution, in reference to the payment of the bonds, may be |
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59 | 59 | | enforced in a court of competent jurisdiction by mandamus or other |
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60 | 60 | | appropriate proceedings. |
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61 | 61 | | SECTION 6. This Act takes effect on the date on which the |
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62 | 62 | | constitutional amendment proposed by the 82nd Legislature, Regular |
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63 | 63 | | Session, 2011, providing for the issuance of general obligation |
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64 | 64 | | bonds to finance educational loans to students takes effect. If |
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65 | 65 | | that amendment is not approved by the voters, this Act has no |
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66 | 66 | | effect. |
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