Texas 2015 - 84th Regular

Texas House Bill HB2624 Compare Versions

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Version 2 (New)

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1	1	84R10764 KSD-D
2	2	By: Turner of Tarrant H.B. No. 2624
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the effects of default on a student loan administered by
8	8	the Texas Higher Education Coordinating Board on renewal of certain
9	9	licenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 52, Education Code, is
12	12	amended by adding Section 52.42 to read as follows:
13	13	Sec. 52.42. LOAN DEFAULT GROUND FOR NONRENEWAL OF
14	14	PROFESSIONAL OR OCCUPATIONAL LICENSE. (a) In this section:
15	15	(1) "License" means a certificate or similar form of
16	16	permission issued or renewed by a licensing agency and required by
17	17	law to engage in a profession or occupation.
18	18	(2) "Licensee" means a person to whom a licensing
19	19	agency issues a license.
20	20	(3) "Licensing agency" means a board, commission,
21	21	department, or other agency in the executive branch of state
22	22	government that issues or renews a license. The term does not
23	23	include the State Securities Board.
24	24	(b) The Texas Higher Education Coordinating Board shall
25	25	identify the licensing agencies subject to this section and provide
26	26	written notice to those agencies of the requirements prescribed by
27	27	this section. Only those licensing agencies that the board
28	28	identifies and that receive such notice are required to carry out
29	29	this section.
30	30	(c) Annually, each licensing agency shall prepare a list of
31	31	the agency's licensees and submit the list to the board in hard copy
32	32	or electronic form. Using the submitted lists, the board
33	33	periodically shall:
34	34	(1) identify the licensees on the list who are in
35	35	default on loans administered by the board; and
36	36	(2) provide a list of those licensees to the
37	37	appropriate licensing agencies in hard copy or electronic form.
38	38	(d) A person who is in default on a loan administered by the
39	39	board may enter into an agreement with the board for repayment of
40	40	the defaulted loan. The board shall provide the person with a
41	41	certificate certifying that the person has entered a repayment
42	42	agreement on the defaulted loan.
43	43	(e) A licensing agency may not renew the license of a
44	44	licensee on the list provided by the board under Subsection (c)(2)
45	45	unless the licensee presents to the agency a certificate issued by
46	46	the board certifying that:
47	47	(1) the licensee has entered into a repayment
48	48	agreement with the board on the defaulted loan; or
49	49	(2) the licensee is not in default on a loan
50	50	administered by the board.
51	51	(f) A licensing agency may not renew the license of a
52	52	licensee who defaults on a repayment agreement unless the licensee
53	53	presents to the agency a certificate issued by the board certifying
54	54	that:
55	55	(1) the licensee has entered into another repayment
56	56	agreement with the board on the defaulted loan; or
57	57	(2) the licensee is not in default on a loan
58	58	administered by the board or on a repayment agreement.
59	59	(g) A licensing agency shall provide written notice of the
60	60	nonrenewal policies established by Subsections (e) and (f) to each
61	61	applicant for a license or for renewal of a license. The board
62	62	shall provide written notice of those policies on each loan
63	63	application form provided by the board and on each promissory note
64	64	signed by a borrower. Failure to provide the notice required by
65	65	this subsection does not affect the default status of a borrower or
66	66	the prohibitions on renewal of a license held by a person in
67	67	default.
68	68	(h) A licensing agency shall provide an opportunity for a
69	69	hearing to a licensee before the agency takes action concerning the
70	70	nonrenewal of a license under this section.
71	71	(i) Each licensing agency shall adopt any rules necessary to
72	72	carry out the licensing agency's duties under this section.
73	73	(j) The board by rule shall establish procedures to carry
74	74	out the board's duties under this section.
75	75	SECTION 2. Section 82.022, Government Code, is amended by
76	76	adding Subsection (d) to read as follows:
77	77	(d) The supreme court may adopt rules relating to the
78	78	nonrenewal of the license of a lawyer who is in default on a loan
79	79	administered by the Texas Higher Education Coordinating Board under
80	80	Chapter 52, Education Code.
81	81	SECTION 3. The Texas Higher Education Coordinating Board
82	82	shall adopt rules for the administration of Section 52.42,
83	83	Education Code, as added by this Act, as soon as practicable after
84	84	this Act takes effect. For that purpose, the coordinating board may
85	85	adopt the initial rules in the manner provided by law for emergency
86	86	rules.
87	87	SECTION 4. In consultation with the Texas Higher Education
88	88	Coordinating Board, each licensing agency subject to Section 52.42,
89	89	Education Code, as added by this Act, shall adopt any rules
90	90	necessary to carry out the licensing agency's duties under that
91	91	section as soon as practicable following the effective date of this
92	92	Act.
93	93	SECTION 5. This Act takes effect September 1, 2015.