By: Giddings H.B. No. 3372 A BILL TO BE ENTITLED AN ACT relating to the administration of the Texas B-On-time loan program and to permitting an institution of higher education to retain excess B-On-time tuition set-asides to provide financial assistance to students of the institution. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Q, Chapter 56, Education Code, is amended by adding Section 56.4601 to read as follows: Sec. 56.4601. PROMOTING UNIFORM STUDENT PARTICIPATION IN PROGRAM. (a) The coordinating board shall examine the administration of the Texas B-On-time loan program at institutions of higher education to identify the reasons for different rates of student participation in the program at those institutions and shall develop strategies for achieving a more uniform student participation among those institutions. (b) The coordinating board shall assist the financial aid office and administration of each institution of higher education with a student participation rate in the Texas B-On-time loan program that is less than the average statewide student participation rate in the program for institutions of higher education to develop and implement strategies to improve student participation at the institution, including strategies to better inform students and prospective students about the program and to assist students to qualify for and achieve maximum benefits under the program. SECTION 2. Section 56.465, Education Code, is amended by amending Subsection (b) and adding Subsections (c), (c-1), and (d) to read as follows: (b) Subject to Subsection (c), the [The] amount of tuition set aside under Subsection (a) shall be deposited to the credit of the Texas B-On-time student loan account established under Section 56.463 or to the interest and sinking fund established by the coordinating board under Section 52.91(b) in accordance with the resolution of the board establishing such fund. (c) If in the preceding academic year the students of an institution of higher education receive a percentage of the total amount of Texas B-On-time loans made to students at all institutions of higher education that is less than the percentage of the total amount of tuition set aside under Subsection (a) in that year at all institutions of higher education that was set aside at that institution, the coordinating board shall permit the institution to retain a portion of the tuition set aside at the institution in the current academic year so that the amount of that tuition set aside at that institution in the current academic year that is deposited to the credit of the Texas B-On-time student loan account or to the interest and sinking fund established under Section 52.91(b) reflects the institution's percentage of the total amount of Texas B-On-time loans made to students at all institutions of higher education in the preceding academic year. The institution may use the retained portion of the tuition set aside under Subsection (a) only to provide financial assistance to students of the institution in the same manner as tuition set aside at the institution under Section 56.011. (c-1) The coordinating board shall permit qualifying institutions of higher education to retain a portion of the tuition set aside at each institution under Subsection (c) beginning with the tuition set aside under Subsection (a) in the 2013-2014 academic year, based on the appropriate information regarding Texas B-On-time loans and tuition set-asides for the 2012-2013 academic year. This subsection expires January 1, 2015. (d) Under Subsection (c), the coordinating board may not permit institutions to retain a portion of tuition set aside under Subsection (a) that would have a direct adverse impact on the repayment of bonds issued on or before September 1, 2013, to provide funding to support the Texas B-On-time loan program. SECTION 3. The change in law made by this Act to Section 56.465, Education Code, does not affect the application of that section to tuition set aside under that section for any semester or other academic term before the 2013 fall semester, and the former law is continued in effect for purposes of the use of that amount under the Texas B-On-time loan program. 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, 2013.