Texas 2015 - 84th Regular

Texas House Bill HB700 Compare Versions

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1-By: Giddings, et al. (Senate Sponsor - Seliger) H.B. No. 700
2- (In the Senate - Received from the House April 27, 2015;
3- May 6, 2015, read first time and referred to Committee on Higher
4- Education; May 21, 2015, reported favorably by the following vote:
5- Yeas 7, Nays 0; May 21, 2015, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 700
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to the repeal of the Texas B-On-time student loan program.
126 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
137 SECTION 1. Section 52.89(c), Education Code, is amended to
148 read as follows:
159 (c) The board shall deposit to the credit of the fund any
1610 proceeds from the sale of bonds, excluding:
1711 (1) any accrued interest on the bonds which shall be
1812 deposited in the board interest and sinking fund relating to the
1913 bonds; and
2014 (2) proceeds from the sale of bonds issued by the board
2115 under Section 56.464(b), as that subsection existed immediately
2216 before September 1, 2015 [to provide Texas B-On-time student
2317 loans].
2418 SECTION 2. Sections 52.90(a) and (b), Education Code, are
2519 amended to read as follows:
2620 (a) The board[:
2721 [(1)] shall make a loan from the fund to a student who
2822 qualifies for a loan under Subchapter C[; and
2923 [(2) may make a loan from the fund to a student who
3024 qualifies for a Texas B-On-time student loan under Subchapter Q,
3125 Chapter 56].
3226 (b) Loans from the fund are governed by Subchapter C [of
3327 this chapter or Subchapter Q, Chapter 56, as appropriate, as if made
3428 under that subchapter, except to the extent of conflict with this
3529 subchapter].
3630 SECTION 3. The heading to Section 52.91, Education Code, is
3731 amended to read as follows:
3832 Sec. 52.91. BONDS FOR FORMER TEXAS B-ON-TIME STUDENT LOAN
3933 PROGRAM.
4034 SECTION 4. Sections 52.91(a) and (c), Education Code, are
4135 amended to read as follows:
4236 (a) The board shall deposit to the credit of the Texas
4337 B-On-time student loan account established under Section 56.0092
4438 [56.463] any proceeds from the sale of bonds issued by the board to
4539 fund Texas B-On-time student loans under Section 56.464(b), as that
4640 subsection existed immediately before September 1, 2015, other
4741 than[:
4842 [(1)] accrued interest on the bonds, which shall be
4943 deposited to the credit of the interest and sinking fund related to
5044 the bonds[; and
5145 [(2) any proceeds from the sale of the bonds that the
5246 board by resolution deposits to the student loan auxiliary fund
5347 under Section 52.89(c-1)].
5448 (c) The board shall repay bonds described by Subsection (a)
5549 [issued by the board to fund the Texas B-On-time student loan
5650 program] using proceeds from the bonds, legislative
5751 appropriations, and money collected by the board as repayment for
5852 Texas B-On-time student loans awarded by the board under Section
5953 56.0092(c) for a semester or term occurring before the 2020 fall
6054 semester. The board may also repay the bonds by using [use] tuition
6155 set aside under Section 56.465, as that section existed immediately
6256 before September 1, 2015, for a semester or term occurring before
6357 the 2015 fall semester [to repay bonds issued by the board for the
6458 Texas B-On-time student loan program]. The board may not repay the
6559 bonds with [use] money collected by the board as repayment for
6660 student loans awarded by the board under Subchapter C [to repay
6761 bonds issued by the board for the Texas B-On-time student loan
6862 program under Section 56.464(b)].
6963 SECTION 5. Section 54.0065(a), Education Code, is amended
7064 to read as follows:
7165 (a) A qualified student is eligible for a rebate of a
7266 portion of the undergraduate tuition the student has paid if the
7367 student:
7468 (1) is awarded a baccalaureate degree from a general
7569 academic teaching institution within:
7670 (A) four calendar years after the date the
7771 student initially enrolled in the institution or another
7872 postsecondary educational institution if:
7973 (i) the institution awarding the degree is
8074 a four-year institution; and
8175 (ii) the student is awarded a degree other
8276 than a degree in engineering, architecture, or any other program
8377 determined by the coordinating board to require more than four
8478 years to complete; or
8579 (B) five calendar years after the date the
8680 student initially enrolled in the institution or another
8781 postsecondary educational institution if:
8882 (i) the institution awarding the degree is
8983 a four-year institution; and
9084 (ii) the student is awarded a degree in
9185 engineering, architecture, or any other program determined by the
9286 coordinating board to require more than four years to complete [the
9387 period prescribed by Section 56.462(1)(A) or (B), as applicable, to
9488 qualify for forgiveness of a Texas B-On-time loan]; and
9589 (2) has attempted no more than three hours in excess of
9690 the minimum number of semester credit hours required to complete
9791 the degree program:
9892 (A) including:
9993 (i) transfer credits; and
10094 (ii) course credit earned exclusively by
10195 examination, except that, for purposes of this subsection, only the
10296 number of semester credit hours earned exclusively by examination
10397 in excess of nine semester credit hours is treated as hours
10498 attempted; and
10599 (B) excluding:
106100 (i) course credit that is earned to satisfy
107101 requirements for a Reserve Officers' Training Corps (ROTC) program
108102 but that is not required to complete the degree program; and
109103 (ii) course credit, other than course
110104 credit earned exclusively by examination, that is earned before
111105 graduating from high school.
112106 SECTION 6. Subchapter A, Chapter 56, Education Code, is
113107 amended by adding Section 56.0092 to read as follows:
114108 Sec. 56.0092. TEXAS B-ON-TIME STUDENT LOAN ACCOUNT; FORMER
115109 LOAN PROGRAM CONTINUED IN EFFECT FOR CERTAIN ACADEMIC YEARS ONLY.
116110 (a) The Texas B-On-time student loan account previously
117111 established by former Section 56.463 continues as an account in the
118112 general revenue fund. The account consists of:
119113 (1) gifts and grants;
120114 (2) any legislative appropriations received for the
121115 purpose of awarding Texas B-On-time student loans to students who
122116 qualify and establish eligibility for the loans as described by
123117 Subsection (c) and for discharging any other remaining obligations
124118 under the former Texas B-On-time student loan program;
125119 (3) tuition set aside under Section 56.465, as that
126120 section existed immediately before September 1, 2015, for a
127121 semester or term occurring before the 2015 fall semester;
128122 (4) bond proceeds deposited under Section 52.91(a);
129123 and
130124 (5) any other money in the account on September 1,
131125 2015.
132126 (b) Money in the Texas B-On-time student loan account may be
133127 used only to pay any costs of the coordinating board related to
134128 loans awarded under the Texas B-On-time student loan program as
135129 provided by Subsection (c) for a semester or term occurring before
136130 the 2020 fall semester.
137131 (c) Beginning with the 2015 fall semester, the coordinating
138132 board may not award an initial Texas B-On-time student loan under
139133 the Texas B-On-time student loan program. The coordinating board
140134 may award, for a semester or term occurring before the 2020 fall
141135 semester, a subsequent Texas B-On-time student loan to an eligible
142136 student who received an initial Texas B-On-time student loan before
143137 the 2015-2016 academic year. For Texas B-On-time student loans to
144138 be awarded as described by this subsection:
145139 (1) students may qualify and establish continued
146140 eligibility, as applicable, under Subchapter Q as that subchapter
147141 existed immediately before September 1, 2015; and
148142 (2) the coordinating board may make loans using any
149143 money available for the purposes of the former Texas B-On-time
150144 student loan program.
151145 (d) On September 1, 2020, the Texas B-On-time student loan
152146 account is abolished, and any remaining money in the account may be
153147 appropriated only to eligible institutions in the manner provided
154148 by Subsection (e).
155149 (e) An appropriation under Subsection (d) must be made in
156150 accordance with a formula, adopted by coordinating board rule, that
157151 the coordinating board determines fairly allocates the
158152 appropriated amount to those eligible institutions at which the
159153 Texas B-On-time student loan program was underutilized. For
160154 purposes of this subsection, the Texas B-On-time student loan
161155 program is considered to have been underutilized by students of an
162156 institution in any period if the institution's percentage of the
163157 total amount of tuition set aside by all institutions under the
164158 program during the period was greater than the institution's
165159 percentage of all students who received a Texas B-On-time student
166160 loan under the program for the same period. The coordinating board
167161 shall base the coordinating board's determination on a period of
168162 academic years occurring before the 2015-2016 academic year that
169163 the coordinating board considers representative of eligible
170164 institutions' student participation in the Texas B-On-time student
171165 loan program.
172166 (f) In this section, "eligible institution" means a general
173167 academic teaching institution described by Section 56.451(2)(A) or
174168 a medical and dental unit described by Section 56.451(2)(B), as
175169 those paragraphs existed immediately before September 1, 2015.
176170 SECTION 7. Section 56.011(a), Education Code, is amended to
177171 read as follows:
178172 (a) The governing board of each institution of higher
179173 education shall cause to be set aside not less than 15 [20] percent
180174 of any amount of tuition charged to a resident undergraduate
181175 student under Section 54.0513 in excess of $46 per semester credit
182176 hour. The funds set aside under this section by an institution
183177 shall be used to provide financial assistance for resident
184178 undergraduate students enrolled in the institution.
185179 SECTION 8. The following provisions of the Education Code
186180 are repealed:
187181 (1) Sections 52.89(c-1) and 52.91(b);
188182 (2) Section 56.307(l); and
189183 (3) Subchapter Q, Chapter 56.
190184 SECTION 9. (a) Notwithstanding any other law, Subchapter
191185 Q, Chapter 56, Education Code, as that subchapter existed
192186 immediately before the effective date of this Act, is continued in
193187 effect solely for the purposes of:
194188 (1) awarding Texas B-On-time student loans as provided
195189 by Section 56.0092(c), Education Code, as added by this Act; and
196190 (2) discharging any other remaining obligations under
197191 the former Texas B-On-time student loan program.
198192 (b) The repeal by this Act of Section 56.465, Education
199193 Code, applies beginning with tuition charged for the 2015 fall
200194 semester.
201195 SECTION 10. Section 56.011(a), Education Code, as amended
202196 by this Act, applies beginning with tuition charged for the 2015
203197 fall semester. Tuition charged for an academic period before that
204198 term or semester is covered by the law in effect immediately before
205199 the effective date of this Act, and the former law is continued in
206200 effect for that purpose.
207201 SECTION 11. This Act takes effect September 1, 2015.
208- * * * * *
202+ ______________________________ ______________________________
203+ President of the Senate Speaker of the House
204+ I certify that H.B. No. 700 was passed by the House on April
205+ 23, 2015, by the following vote: Yeas 130, Nays 10, 2 present, not
206+ voting.
207+ ______________________________
208+ Chief Clerk of the House
209+ I certify that H.B. No. 700 was passed by the Senate on May
210+ 22, 2015, by the following vote: Yeas 25, Nays 6.
211+ ______________________________
212+ Secretary of the Senate
213+ APPROVED: _____________________
214+ Date
215+ _____________________
216+ Governor