Texas 2015 - 84th Regular

Texas Senate Bill SB239 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R29360 JSL-D
2		-	By: Schwertner, et al. S.B. No. 239
3		-	(Zerwas, Coleman)
4		-	Substitute the following for S.B. No. 239: No.
	1	+	S.B. No. 239
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to student loan repayment assistance for certain mental
10	6		health professionals.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Chapter 61, Education Code, is amended by adding
13	9		Subchapter K to read as follows:
14	10		SUBCHAPTER K. REPAYMENT OF CERTAIN MENTAL HEALTH PROFESSIONAL
15	11		EDUCATION LOANS
16	12		Sec. 61.601. DEFINITION. In this subchapter, "mental
17	13		health professional" means:
18	14		(1) a licensed physician who is:
19	15		(A) a graduate of an accredited psychiatric
20	16		residency training program; or
21	17		(B) certified in psychiatry by:
22	18		(i) the American Board of Psychiatry and
23	19		Neurology; or
24	20		(ii) the American Osteopathic Board of
25	21		Neurology and Psychiatry;
26	22		(2) a psychologist, as defined by Section 501.002,
27	23		Occupations Code;
28	24		(3) a licensed professional counselor, as defined by
29	25		Section 503.002, Occupations Code;
30	26		(4) an advanced practice registered nurse, as defined
31	27		by Section 301.152, Occupations Code, who holds a nationally
32	28		recognized board certification in psychiatric or mental health
33	29		nursing; and
34	30		(5) a licensed clinical social worker, as defined by
35	31		Section 505.002, Occupations Code.
36	32		Sec. 61.602. REPAYMENT AUTHORIZED. If the legislature
37	33		appropriates funds for purposes of this subchapter, the board shall
38	34		establish a program to provide, in accordance with this subchapter
39	35		and rules of the board, assistance in the repayment of student loans
40	36		for mental health professionals who apply and qualify for the
41	37		assistance.
42	38		Sec. 61.603. ELIGIBILITY. (a) To be eligible to receive
43	39		repayment assistance under this subchapter, a mental health
44	40		professional must:
45	41		(1) apply to the board;
46	42		(2) have completed one, two, three, four, or five
47	43		consecutive years of practice in a mental health professional
48	44		shortage area designated by the Department of State Health
49	45		Services; and
50	46		(3) provide mental health services in this state to:
51	47		(A) recipients under the medical assistance
52	48		program authorized by Chapter 32, Human Resources Code;
53	49		(B) enrollees under the child health plan program
54	50		authorized by Chapter 62, Health and Safety Code; or
55	51		(C) persons committed to a secure correctional
56	52		facility operated by or under contract with the Texas Juvenile
57	53		Justice Department or persons confined in a secure correctional
58	54		facility operated by or under contract with any division of the
59	55		Texas Department of Criminal Justice.
60	56		(b) In addition to satisfying the requirements under
61	57		Subsection (a), for a licensed physician to be eligible to receive
62	58		repayment assistance under this subchapter after the physician's
63	59		third consecutive year of practice described under Subsection
64	60		(a)(2), the physician must be certified in psychiatry by:
65	61		(1) the American Board of Psychiatry and Neurology; or
66	62		(2) the American Osteopathic Board of Neurology and
67	63		Psychiatry.
68	64		Sec. 61.604. LIMITATIONS. (a) A mental health
69	65		professional may receive repayment assistance under this
70	66		subchapter for not more than five years.
71	67		(b) Not more than 10 percent of the number of repayment
72	68		assistance grants paid under this subchapter each year may be
73	69		awarded to mental health professionals providing mental health
74	70		services described by Section 61.603(a)(3)(C).
75	71		(c) Not more than 30 percent of the number of repayment
76	72		assistance grants paid under this subchapter each year may be
77	73		awarded to mental health professionals in any one of the
78	74		professions listed in Section 61.601.
79	75		Sec. 61.605. ELIGIBLE LOANS. (a) The board may provide
80	76		repayment assistance under this subchapter for the repayment of any
81	77		student loan for education at an institution of higher education, a
82	78		private or independent institution of higher education, or a public
83	79		or private out-of-state institution of higher education accredited
84	80		by a recognized accrediting agency, including loans for
85	81		undergraduate education, received by an eligible person through any
86	82		lender.
87	83		(b) The board may not provide repayment assistance for a
88	84		student loan that is in default at the time of the person's
89	85		application.
90	86		(c) In each state fiscal biennium, the board shall attempt
91	87		to allocate all funds appropriated to the board for the purpose of
92	88		providing loan repayment assistance under this subchapter.
93	89		Sec. 61.606. REPAYMENT. (a) The board shall deliver any
94	90		repayment under this subchapter in a lump sum payable:
95	91		(1) to both the lender or other holder of the loan and
96	92		the mental health professional; or
97	93		(2) directly to the lender or other holder of the loan
98	94		on the mental health professional's behalf.
99	95		(b) A repayment under this subchapter may be applied to any
100	96		amount due in connection with the loan.
101	97		Sec. 61.607. AMOUNT OF REPAYMENT ASSISTANCE. (a) A mental
102	98		health professional may receive repayment assistance under this
103	99		subchapter for each year the mental health professional establishes
104	100		eligibility for the assistance in an amount determined by applying
105	101		the following applicable percentage to the maximum total amount of
106	102		assistance allowed for the mental health professional under
107	103		Subsection (b):
108	104		(1) for the first year, 10 percent;
109	105		(2) for the second year, 15 percent;
110	106		(3) for the third year, 20 percent;
111	107		(4) for the fourth year, 25 percent; and
112	108		(5) for the fifth year, 30 percent.
113	109		(b) The total amount of repayment assistance received by a
114	110		mental health professional under this subchapter may not exceed:
115	111		(1) $160,000, for assistance received by a licensed
116	112		physician;
117	113		(2) $80,000, for assistance received by:
118	114		(A) a psychologist;
119	115		(B) a licensed clinical social worker, if the
120	116		social worker has received a doctoral degree related to social
121	117		work; or
122	118		(C) a licensed professional counselor, if the
123	119		counselor has received a doctoral degree related to counseling;
124	120		(3) $60,000, for assistance received by an advanced
125	121		practice registered nurse; and
126	122		(4) $40,000, for assistance received by a licensed
127	123		clinical social worker or a licensed professional counselor who is
128	124		not described by Subdivision (2).
129	125		(c) The total amount of repayment assistance provided under
130	126		this subchapter may not exceed the sum of:
131	127		(1) the total amount of gifts and grants accepted by
132	128		the board for the repayment assistance;
133	129		(2) legislative appropriations for the repayment
134	130		assistance; and
135	131		(3) other funds available to the board for the
136	132		repayment assistance.
137	133		(d) The board may adjust in an equitable manner the
138	134		distribution amounts that mental health professionals would
139	135		otherwise receive under Subsection (a) for a year as necessary to
140	136		comply with Subsection (c).
141	137		Sec. 61.608. RULES. (a) The board shall adopt rules
142	138		necessary to administer this subchapter.
143	139		(b) The board shall distribute to each institution of higher
144	140		education or private or independent institution of higher education
145	141		and to any appropriate state agency and professional association
146	142		copies of the rules adopted under this section and other pertinent
147	143		information relating to this subchapter.
148	144		Sec. 61.609. SOLICITATION AND ACCEPTANCE OF FUNDS. The
149	145		board may solicit and accept gifts and grants from any public or
150	146		private source for the purposes of this subchapter.
151	147		SECTION 2. The Texas Higher Education Coordinating Board
152	148		shall adopt the rules for repayment assistance under Subchapter K,
153	149		Chapter 61, Education Code, as added by this Act, not later than
154	150		December 1, 2015.
155	151		SECTION 3. This Act takes effect immediately if it receives
156	152		a vote of two-thirds of all the members elected to each house, as
157	153		provided by Section 39, Article III, Texas Constitution. If this
158	154		Act does not receive the vote necessary for immediate effect, this
159	155		Act takes effect September 1, 2015.
	156	+	______________________________ ______________________________
	157	+	President of the Senate Speaker of the House
	158	+	I hereby certify that S.B. No. 239 passed the Senate on
	159	+	April 27, 2015, by the following vote: Yeas 23, Nays 7; and that
	160	+	the Senate concurred in House amendment on May 28, 2015, by the
	161	+	following vote: Yeas 25, Nays 6.
	162	+	______________________________
	163	+	Secretary of the Senate
	164	+	I hereby certify that S.B. No. 239 passed the House, with
	165	+	amendment, on May 22, 2015, by the following vote: Yeas 81,
	166	+	Nays 59, one present not voting.
	167	+	______________________________
	168	+	Chief Clerk of the House
	169	+	Approved:
	170	+	______________________________
	171	+	Date
	172	+	______________________________
	173	+	Governor