Texas 2019 - 86th Regular

Texas House Bill HB218 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R20712 SOS-D
2	2		By: Krause, Oliverson, Hernandez, Blanco, H.B. No. 218
3		-	Shaheen, et al.
	3	+	Goldman
	4	+	Substitute the following for H.B. No. 218:
	5	+	By: Frullo C.S.H.B. No. 218
4	6
5	7
6	8		A BILL TO BE ENTITLED
7	9		AN ACT
8	10		relating to the abolition of student loan default or breach of a
9	11		student loan repayment or scholarship contract as a ground for
10	12		nonrenewal or other disciplinary action in relation to a
11	13		professional or occupational license and to certain duties of state
12	14		agencies and political subdivisions in relation to delinquent or
13	15		defaulted student loans.
14	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	17		SECTION 1. Section 57.49, Education Code, is amended to
16	18		read as follows:
17	19		Sec. 57.49. COOPERATION OF STATE AGENCIES AND SUBDIVISIONS.
18	20		Each agency and political subdivision of the state shall cooperate
19	21		with the corporation in providing information to the agency's or
20	22		political subdivision's clients concerning student financial aid,
21	23		including information about default prevention. [Each agency and
22	24		political subdivision shall provide information to the corporation
23	25		on request to assist the corporation in curing delinquent loans and
24	26		collecting defaulted loans.]
25	27		SECTION 2. Subchapter C, Chapter 57, Education Code, is
26	28		amended by adding Section 57.492 to read as follows:
27	29		Sec. 57.492. PROHIBITION AGAINST DENIAL OR NONRENEWAL OF
28	30		PROFESSIONAL OR OCCUPATIONAL LICENSE FOR STUDENT LOAN DEFAULT;
29	31		DUTIES OF LICENSING AGENCY. (a) In this section:
30	32		(1) "License" means a certificate or similar form of
31	33		permission issued or renewed by a licensing agency and required by
32	34		law to engage in a profession or occupation.
33	35		(2) "Licensee" means a person to whom a licensing
34	36		agency issues a license.
35	37		(3) "Licensing agency" means a board, commission,
36	38		department, or other agency in the executive branch of state
37	39		government that issues or renews a license.
38	40		(b) A licensing agency may not deny the issuance of a
39	41		license to a person or the renewal of a person's license based
40	42		solely on the default status of the person's student loan
41	43		guaranteed by the corporation.
42	44		(c) A licensing agency shall cooperate with the corporation
43	45		in providing information to a licensee concerning student financial
44	46		aid, including information about loan default prevention.
45	47		(d) A licensing agency is not required to assist the
46	48		corporation in curing delinquent loans or collecting defaulted
47	49		loans, including by providing licensee lists to the corporation.
48	50		SECTION 3. Section 157.015(g), Finance Code, is amended to
49	51		read as follows:
50	52		(g) The commissioner may deny the renewal application for a
51	53		residential mortgage loan originator license if:
52	54		(1) the person seeking the renewal of the residential
53	55		mortgage loan originator license is in violation of this chapter,
54	56		Chapter 156, or Chapter 180, an applicable rule adopted under this
55	57		chapter, Chapter 156, or Chapter 180, or any order previously
56	58		issued to the person by the commissioner;
57	59		(2) the person seeking renewal of the residential
58	60		mortgage loan originator license is in default in the payment of any
59	61		administrative penalty, fee, charge, or other indebtedness owed
60	62		under this title; or
61	63		(3) [the person seeking the renewal of the residential
62	64		mortgage loan originator license is in default on a student loan
63	65		administered by the Texas Guaranteed Student Loan Corporation,
64	66		under Section 57.491, Education Code; or
65	67		[(4)] during the current term of the license, the
66	68		commissioner becomes aware of any fact, other than default on a
67	69		student loan administered by the Texas Guaranteed Student Loan
68	70		Corporation, that would have been grounds for denial of an original
69	71		license if the fact had been known by the commissioner on the date
70	72		the license was granted.
71	73		SECTION 4. Sections 466.155(a) and (g), Government Code,
72	74		are amended to read as follows:
73	75		(a) After a hearing, the director shall deny an application
74	76		for a license or the commission shall suspend or revoke a license if
75	77		the director or commission, as applicable, finds that the applicant
76	78		or sales agent:
77	79		(1) is an individual who:
78	80		(A) has been convicted of a felony, criminal
79	81		fraud, gambling or a gambling-related offense, or a misdemeanor
80	82		involving moral turpitude, if less than 10 years has elapsed since
81	83		the termination of the sentence, parole, mandatory supervision, or
82	84		probation served for the offense;
83	85		(B) is or has been a professional gambler;
84	86		(C) is married to an individual:
85	87		(i) described in Paragraph (A) or (B); or
86	88		(ii) who is currently delinquent in the
87	89		payment of any state tax;
88	90		(D) is an officer or employee of the commission
89	91		or a lottery operator; or
90	92		(E) is a spouse, child, brother, sister, or
91	93		parent residing as a member of the same household in the principal
92	94		place of residence of a person described by Paragraph (D);
93	95		(2) is not an individual, and an individual described
94	96		in Subdivision (1):
95	97		(A) is an officer or director of the applicant or
96	98		sales agent;
97	99		(B) holds more than 10 percent of the stock in the
98	100		applicant or sales agent;
99	101		(C) holds an equitable interest greater than 10
100	102		percent in the applicant or sales agent;
101	103		(D) is a creditor of the applicant or sales agent
102	104		who holds more than 10 percent of the applicant's or sales agent's
103	105		outstanding debt;
104	106		(E) is the owner or lessee of a business that the
105	107		applicant or sales agent conducts or through which the applicant
106	108		will conduct a ticket sales agency;
107	109		(F) shares or will share in the profits, other
108	110		than stock dividends, of the applicant or sales agent; or
109	111		(G) participates in managing the affairs of the
110	112		applicant or sales agent;
111	113		(3) has been finally determined to be[:
112	114		[(A)] delinquent in the payment of a tax or other
113	115		money collected by the comptroller, the Texas Workforce Commission,
114	116		or the Texas Alcoholic Beverage Commission;
115	117		[(B) in default on a loan made under Chapter 52,
116	118		Education Code; or
117	119		[(C) in default on a loan guaranteed under
118	120		Chapter 57, Education Code;]
119	121		(4) is a person whose location for the sales agency is:
120	122		(A) a location licensed for games of bingo under
121	123		Chapter 2001, Occupations Code;
122	124		(B) on land that is owned by:
123	125		(i) this state; or
124	126		(ii) a political subdivision of this state
125	127		and on which is located a public primary or secondary school, an
126	128		institution of higher education, or an agency of the state; or
127	129		(C) a location for which a person holds a wine and
128	130		beer retailer's permit, mixed beverage permit, mixed beverage late
129	131		hours permit, private club registration permit, or private club
130	132		late hours permit issued under Chapter 25, 28, 29, 32, or 33,
131	133		Alcoholic Beverage Code, other than a location for which a person
132	134		holds a wine and beer retailer's permit issued under Chapter 25,
133	135		Alcoholic Beverage Code, that derives less than 30 percent of the
134	136		location's gross receipts from the sale or service of alcoholic
135	137		beverages; or
136	138		(5) has violated this chapter or a rule adopted under
137	139		this chapter.
138	140		(g) For purposes of Subsection (a)(3), the comptroller,
139	141		Texas Workforce Commission, and Texas Alcoholic Beverage
140	142		Commission[, Texas Higher Education Coordinating Board, and Texas
141	143		Guaranteed Student Loan Corporation] shall each provide the
142	144		executive director with a report of persons who have been finally
143	145		determined to be delinquent in the payment of any money owed to or
144	146		collected by that agency. The commission shall adopt rules
145	147		regarding the form and frequency of reports under this subsection.
146	148		SECTION 5. The following laws are repealed:
147	149		(1) Section 57.491, Education Code;
148	150		(2) Section 82.022(c), Government Code;
149	151		(3) Section 154.110(e), Government Code; and
150	152		(4) Chapter 56, Occupations Code.
151	153		SECTION 6. This Act takes effect immediately if it receives
152	154		a vote of two-thirds of all the members elected to each house, as
153	155		provided by Section 39, Article III, Texas Constitution. If this
154	156		Act does not receive the vote necessary for immediate effect, this
155	157		Act takes effect September 1, 2019.