82R4439 KJM-F By: Nelson S.B. No. 793 A BILL TO BE ENTITLED AN ACT relating to incentives to recruit and retain allied health education program faculty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 54, Education Code, is amended by adding Sections 54.225 and 54.226 to read as follows: Sec. 54.225. CHILDREN OF ALLIED HEALTH PROGRAM FACULTY. (a) In this section: (1) "Allied health profession" means the profession practiced by allied health professionals, as defined by 42 U.S.C. Section 295p, except the term does not include acupuncture. (2) "Child" means a child 25 years of age or younger and includes an adopted child. (3) "Graduate allied health program" means a master's or doctoral degree program in an allied health profession that is accredited by an accrediting entity recognized by the United States Department of Education. (4) "Undergraduate allied health program" means an undergraduate degree or certificate program that: (A) prepares students for initial licensure, certification, or registration in an allied health profession; and (B) is accredited by an accrediting entity recognized by the United States Department of Education. (b) The governing board of an institution of higher education shall, contingent on appropriations of money for the exemptions, exempt from the payment of tuition a resident of this state enrolled as an undergraduate student at the institution who is a child of a person who, at the beginning of the semester or other academic term for which the exemption is sought: (1) holds a master's or doctoral degree in an allied health profession, if employed or under contract to serve in a position other than as a teaching assistant under Subdivision (2), or holds a baccalaureate degree in an allied health profession, if employed or under contract to serve as a teaching assistant under Subdivision (2); and (2) meets either of the following requirements: (A) is employed by the institution as a full-time member of the faculty or staff of an undergraduate or graduate allied health program with duties that include teaching, serving as a teaching assistant, performing research, serving as an administrator, or performing other professional services; or (B) has contracted with the institution to serve as a full-time member of the faculty or staff of an undergraduate or graduate allied health program to perform duties described by Paragraph (A) during all or part of the semester or other academic term for which an exemption is sought or, if the child is enrolled for a summer session, during all or part of that session or for the next academic year. (c) A child who would qualify for an exemption under this section but for the fact that the child's parent is not employed full-time is eligible for an exemption on a pro rata basis equal to the percentage of full-time employment the parent is employed, except that a parent employed for less than 25 percent of full-time employment is considered to be employed for 25 percent of full-time employment. (d) A person is not eligible for an exemption under this section if the person: (1) has previously received an exemption under this section for 10 semesters or summer sessions at any institution or institutions of higher education; or (2) has received a baccalaureate degree. (e) For purposes of Subsection (d), a summer session that is less than nine weeks in duration is considered one-half of a summer session. (f) The tuition exemption provided by this section applies only to enrollment of a child at the institution at which the child's parent is employed or is under contract. (g) The Texas Higher Education Coordinating Board shall adopt: (1) rules governing the granting or denial of an exemption under this section, including rules relating to the determination of eligibility for an exemption; and (2) a uniform application form for an exemption under this section. Sec. 54.226. PRECEPTORS FOR ALLIED HEALTH PROGRAMS. (a) In this section, "allied health profession," "child," and "undergraduate allied health program" have the meanings assigned by Section 54.225. (b) The governing board of an institution of higher education shall exempt a person from the payment of $500 of the total amount of tuition otherwise charged to a resident of this state if the person is enrolled as a student at the institution and: (1) holds a license, certificate, or registration in an allied health profession; and (2) is serving under a written preceptor agreement with an undergraduate allied health program as a clinical preceptor for students enrolled in the program for the semester or other academic term for which the exemption is sought. (c) The governing board of an institution of higher education shall exempt a person from the payment of $500 of the total amount of tuition otherwise charged to a resident of this state if the person is enrolled as an undergraduate student at the institution and is a child of a person who meets the requirements of Subsections (b)(1) and (2). (d) Notwithstanding Subsections (b) and (c), if a person eligible for an exemption under this section owes less than $500 in tuition, the governing board of the institution of higher education in which the person is enrolled shall exempt the person from the payment of only the amount of tuition the person owes. (e) A person is not eligible for an exemption under Subsection (c) if the person: (1) has previously received an exemption under this section for 10 semesters or summer sessions at any institution or institutions of higher education; or (2) has received a baccalaureate degree. (f) For purposes of Subsection (e), a summer session that is less than nine weeks in duration is considered one-half of a summer session. (g) The Texas Higher Education Coordinating Board shall adopt: (1) rules governing the granting or denial of an exemption under this section, including rules relating to the determination of eligibility for an exemption; and (2) a uniform application form for an exemption under this section. SECTION 2. Chapter 61, Education Code, is amended by adding Subchapter GG to read as follows: SUBCHAPTER GG. ALLIED HEALTH FACULTY ENHANCEMENT GRANTS Sec. 61.9781. DEFINITIONS. In this subchapter: (1) "Allied health profession" has the meaning assigned by Section 54.225. (2) "Allied health program" means a degree or certificate program of a public or private institution of higher education in this state that: (A) prepares students for initial licensure, certification, or registration in an allied health profession; and (B) is accredited by an accrediting entity recognized by the United States Department of Education. Sec. 61.9782. ALLIED HEALTH FACULTY ENHANCEMENT GRANTS. The board may, contingent on appropriations of money for the grants, award allied health faculty enhancement grants to allied health programs to assist the programs in the education, recruitment, or retention of faculty members to enable the programs to train students to meet the state's need for health care providers in the allied health professions generally or in specific allied health professions as the board determines appropriate. Sec. 61.9783. USE OF GRANT. A grant awarded under this subchapter may be used only for a purpose specified by Section 61.9782, including providing salary supplements and enhancements and reducing the number of hours a faculty member must teach. Sec. 61.9784. MATCHING FUNDS FOR GRANT. In awarding a grant under this subchapter, the board may require the receiving institution to provide matching funds or may give preference in awarding a grant to an institution that provides matching funds. Sec. 61.9785. ADVISORY COMMITTEE. The board may appoint an advisory committee to advise the board on successful strategies, in addition to the grants awarded under this subchapter, for educating, recruiting, or retaining qualified allied health program faculty members who hold master's or doctoral degrees. SECTION 3. (a) Except as provided by Subsection (b) of this section, Sections 54.225 and 54.226, Education Code, as added by this Act, apply beginning with the 2012 fall semester. (b) Not later than January 1, 2012, the Texas Higher Education Coordinating Board shall adopt rules and forms relating to tuition exemptions under Sections 54.225 and 54.226, Education Code, as added by this Act. 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.