By: Schwertner S.B. No. 239
(In the Senate - Filed December 15, 2014; January 28, 2015,
read first time and referred to Committee on Higher Education;
April 20, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 1; April 20, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 239 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to student loan repayment assistance for certain mental
health professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Education Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. REPAYMENT OF CERTAIN MENTAL HEALTH PROFESSIONAL
EDUCATION LOANS
Sec. 61.601. DEFINITION. In this subchapter, "mental
health professional" means:
(1) a licensed physician who is:
(A) a graduate of an accredited psychiatric
residency training program; or
(B) certified in psychiatry by the American Board
of Psychiatry and Neurology;
(2) a psychologist, as defined by Section 501.002,
Occupations Code;
(3) a licensed professional counselor, as defined by
Section 503.002, Occupations Code;
(4) an advanced practice registered nurse, as defined
by Section 301.152, Occupations Code, who holds a nationally
recognized board certification in psychiatric or mental health
nursing; and
(5) a licensed clinical social worker, as defined by
Section 505.002, Occupations Code.
Sec. 61.602. REPAYMENT AUTHORIZED. The board shall
establish a program to provide, using funds appropriated for that
purpose and in accordance with this subchapter and rules of the
board, assistance in the repayment of student loans for mental
health professionals who apply and qualify for the assistance.
Sec. 61.603. ELIGIBILITY. (a) To be eligible to receive
repayment assistance under this subchapter, a mental health
professional must:
(1) apply to the board;
(2) have completed one, two, three, four, or five
consecutive years of practice in a mental health professional
shortage area designated by the Department of State Health
Services; and
(3) provide mental health services in this state to:
(A) recipients under the medical assistance
program authorized by Chapter 32, Human Resources Code;
(B) enrollees under the child health plan program
authorized by Chapter 62, Health and Safety Code; or
(C) persons committed to a secure correctional
facility operated by or under contract with the Texas Juvenile
Justice Department or persons confined in a secure correctional
facility operated by or under contract with any division of the
Texas Department of Criminal Justice.
(b) In addition to satisfying the requirements under
Subsection (a), for a licensed physician to be eligible to receive
repayment assistance under this subchapter after the physician's
third consecutive year of practice described under Subsection
(a)(2), the physician must be certified in psychiatry by the
American Board of Psychiatry and Neurology.
Sec. 61.604. LIMITATIONS. (a) A mental health
professional may receive repayment assistance under this
subchapter for not more than five years.
(b) Not more than 10 percent of the number of repayment
assistance grants paid under this subchapter each year may be
awarded to mental health professionals providing mental health
services described by Section 61.603(a)(3)(C).
(c) Not more than 30 percent of the number of repayment
assistance grants paid under this subchapter each year may be
awarded to mental health professionals in any one of the
professions listed in Section 61.601.
Sec. 61.605. ELIGIBLE LOANS. (a) The board may provide
repayment assistance under this subchapter for the repayment of any
student loan for education at an institution of higher education, a
private or independent institution of higher education, or a public
or private out-of-state institution of higher education accredited
by a recognized accrediting agency, including loans for
undergraduate education, received by an eligible person through any
lender.
(b) The board may not provide repayment assistance for a
student loan that is in default at the time of the person's
application.
(c) In each state fiscal biennium, the board shall attempt
to allocate all funds appropriated to the board for the purpose of
providing loan repayment assistance under this subchapter.
Sec. 61.606. REPAYMENT. (a) The board shall deliver any
repayment under this subchapter in a lump sum payable:
(1) to both the lender or other holder of the loan and
the mental health professional; or
(2) directly to the lender or other holder of the loan
on the mental health professional's behalf.
(b) A repayment under this subchapter may be applied to any
amount due in connection with the loan.
Sec. 61.607. AMOUNT OF REPAYMENT ASSISTANCE. (a) A mental
health professional may receive repayment assistance under this
subchapter for each year the mental health professional establishes
eligibility for the assistance in an amount determined by applying
the following applicable percentage to the maximum total amount of
assistance allowed for the mental health professional under
Subsection (b):
(1) for the first year, 10 percent;
(2) for the second year, 15 percent;
(3) for the third year, 20 percent;
(4) for the fourth year, 25 percent; and
(5) for the fifth year, 30 percent.
(b) The total amount of repayment assistance received by a
mental health professional under this subchapter may not exceed:
(1) $160,000, for assistance received by a licensed
physician;
(2) $80,000, for assistance received by:
(A) a psychologist;
(B) a licensed clinical social worker, if the
social worker has received a doctoral degree related to social
work; or
(C) a licensed professional counselor, if the
counselor has received a doctoral degree related to counseling;
(3) $60,000, for assistance received by an advanced
practice registered nurse; and
(4) $40,000, for assistance received by a licensed
clinical social worker or a licensed professional counselor who is
not described by Subdivision (2).
(c) The total amount of repayment assistance provided under
this subchapter may not exceed the sum of:
(1) the total amount of gifts and grants accepted by
the board for the repayment assistance;
(2) legislative appropriations for the repayment
assistance; and
(3) other funds available to the board for the
repayment assistance.
(d) The board may adjust in an equitable manner the
distribution amounts that mental health professionals would
otherwise receive under Subsection (a) for a year as necessary to
comply with Subsection (c).
Sec. 61.608. RULES. (a) The board shall adopt rules
necessary to administer this subchapter.
(b) The board shall distribute to each institution of higher
education or private or independent institution of higher education
and to any appropriate state agency and professional association
copies of the rules adopted under this section and other pertinent
information relating to this subchapter.
Sec. 61.609. SOLICITATION AND ACCEPTANCE OF FUNDS. The
board may solicit and accept gifts and grants from any public or
private source for the purposes of this subchapter.
SECTION 2. The Texas Higher Education Coordinating Board
shall adopt the rules for repayment assistance under Subchapter K,
Chapter 61, Education Code, as added by this Act, not later than
December 1, 2015.
SECTION 3. 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, 2015.
* * * * *