86R11577 SOS-D
By: Creighton S.B. No. 1758
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain occupation-related
postsecondary educational financial aid, program support, and
student loan repayment programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 56.351, Education Code, is amended to
read as follows:
Sec. 56.351. DEFINITIONS [DEFINITION]. In this subchapter:
(1) "Coordinating [, "coordinating] board" means the
Texas Higher Education Coordinating Board.
(2) "Eligible institution" means:
(A) a public or private institution of higher
education in this state; or
(B) a nonprofit, tax-exempt, regionally
accredited college or university operating in accordance with a
memorandum of understanding with this state under an executive
order issued by the governor.
SECTION 2. Section 56.354(a), Education Code, is amended to
read as follows:
(a) A person may receive Teach for Texas loan repayment
assistance under this subchapter for the repayment of any student
loan for education at any eligible institution [public or private
institution of higher education] through any lender. If the loan is
not a state or federal guaranteed student loan, the note or other
writing governing the terms of the loan must require the loan
proceeds to be used for expenses incurred by a person to attend an
eligible [a public or private] institution [of higher education].
SECTION 3. Section 56.357(b), Education Code, is amended to
read as follows:
(b) To be eligible for a grant under the program, a person
must apply for a grant and:
(1) have received a baccalaureate degree from an
eligible institution [of higher education] or an accredited
out-of-state institution of higher education; and
(2) enroll in an alternative educator certification
program described by Section 21.049 and satisfy either of the
following conditions:
(A) be seeking educator certification in a
teaching field certified by the commissioner of education as
experiencing a critical shortage of teachers in this state in the
year in which the person receives the grant and agree to teach for
five years in a public school in this state in that teaching field;
or
(B) agree to teach for five years in a public
school in this state in a community, which is not required to be
specifically designated at the time the person receives the grant,
certified by the commissioner of education as experiencing a
critical shortage of teachers in any year in which the person
receives a grant under this section or in any subsequent year in
which the person fulfills the teaching obligation.
SECTION 4. Section 56.3575(b), Education Code, is amended
to read as follows:
(b) The coordinating board shall distribute a copy of the
rules adopted under this section and pertinent information relating
to this subchapter to each eligible [public or private] institution
[of higher education in this state] that offers an educator
certification program, including an alternative educator
certification program or another equivalent program.
SECTION 5. Section 61.605(a), Education Code, is amended to
read as follows:
(a) The board may provide repayment assistance under this
subchapter for the repayment of any student loan, including a loan
for undergraduate education, received by an eligible person through
any lender for education at:
(1) an institution of higher education;
(2) [,] a private or independent institution of higher
education;
(3) [, or] a public or private out-of-state
institution of higher education accredited by a recognized
accrediting agency; or
(4) a nonprofit, tax-exempt, regionally accredited
college or university operating in accordance with a memorandum of
understanding with this state under an executive order issued by
the governor[, including loans for undergraduate education,
received by an eligible person through any lender].
SECTION 6. Section 61.608(b), Education Code, is amended to
read as follows:
(b) The board shall distribute to each institution of higher
education, [or] private or independent institution of higher
education, or college or university described by Section
61.605(a)(4) 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.
SECTION 7. Section 61.9621, Education Code, is amended to
read as follows:
Sec. 61.9621. DEFINITION. In this subchapter,
"professional nursing program" means an educational program
preparing students for initial licensure as registered nurses
offered by:
(1) a public or private institution of higher
education; or
(2) a nonprofit, tax-exempt, regionally accredited
college or university operating in accordance with a memorandum of
understanding with this state under an executive order issued by
the governor [for preparing students for initial licensure as
registered nurses].
SECTION 8. Section 61.96232(a), Education Code, is amended
to read as follows:
(a) The board by rule shall establish a process under which
a public or private institution of higher education or an
institution described by Section 61.9621(2) that offers a
professional nursing program may apply for a grant under this
subchapter and the commissioner of higher education, contingent on
appropriations of money for the grants, selects one or more
applicants to receive a grant based on criteria established by
board rule. The criteria must include the institution's agreement
that the institution's professional nursing program will enroll
additional students or graduate additional students prepared for
initial licensure as registered nurses.
SECTION 9. Section 61.9751(2), Education Code, is amended
to read as follows:
(2) "Nursing education program" means:
(A) an undergraduate professional nursing
program or a graduate professional nursing program as those terms
are defined by Section 54.355; and
(B) a comparable nursing program offered by a
nonprofit, tax-exempt, regionally accredited college or university
operating in accordance with a memorandum of understanding with
this state under an executive order issued by the governor.
SECTION 10. Subchapter FF, Chapter 61, Education Code, is
amended by adding Section 61.97711 to read as follows:
Sec. 61.97711. APPLICABILITY OF SUBCHAPTER. This
subchapter applies to:
(1) an institution of higher education;
(2) a private or independent institution of higher
education; and
(3) a nonprofit, tax-exempt, regionally accredited
college or university operating in accordance with a memorandum of
understanding with this state under an executive order issued by
the governor.
SECTION 11. Section 61.9772(a), Education Code, is amended
to read as follows:
(a) To receive an initial scholarship under this
subchapter, a student must:
(1) be enrolled in an [a public or private]
institution to which this subchapter applies [of higher education
in this state];
(2) enroll in and be a member in good standing of a
Reserve Officers' Training Corps (ROTC) program or another
undergraduate officer commissioning program such as the United
States Marine Corps Platoon Leaders Class while enrolled in the [a
public or private] institution [of higher education in this state];
(3) be appointed to receive a scholarship by the
governor, the lieutenant governor, a state senator, or a state
representative; and
(4) enter into an agreement with the board under
Section 61.9773.
SECTION 12. Section 61.9773(a), Education Code, is amended
to read as follows:
(a) To receive a scholarship under this subchapter, a
student must enter into an agreement with the board as provided by
this section. The agreement must require the student to:
(1) complete four years of ROTC training or complete
another undergraduate officer commissioning program such as the
United States Marine Corps Platoon Leaders Class;
(2) graduate not later than six years after the date
the student first enrolls in an [a public or private] institution to
which this subchapter applies [of higher education in this state];
(3) after graduation, enter into:
(A) a four-year commitment to be a member of the
Texas Army National Guard, Texas Air National Guard, Texas State
Guard, United States Coast Guard, or United States Merchant Marine;
or
(B) a contract to serve as a commissioned officer
in any branch of the armed services of the United States;
(4) meet the physical examination requirements and all
other prescreening requirements of the Texas Army National Guard,
Texas Air National Guard, Texas State Guard, United States Coast
Guard, or United States Merchant Marine or the branch of the armed
services with which the student enters into a contract; and
(5) agree to repay the scholarship if the student:
(A) fails to maintain satisfactory academic
progress;
(B) withdraws from the scholarship program; or
(C) fails to fulfill a commitment or contract
described by Subdivision (3).
SECTION 13. Section 61.9775(b), Education Code, is amended
to read as follows:
(b) A scholarship awarded to a student under this subchapter
shall be reduced for an academic year by the amount by which the
full amount of the scholarship plus the total amount to be paid to
the student for being under contract with one of the branches of the
armed services of the United States exceeds the student's total
cost of attendance for that academic year at the [public or private]
institution to which this subchapter applies [of higher education]
in which the student is enrolled.
SECTION 14. Section 61.9821, Education Code, is amended to
read as follows:
Sec. 61.9821. REPAYMENT AUTHORIZED. The board shall
establish and administer a program to provide, in accordance with
this subchapter and board rules, assistance in the repayment of
student loans for nurses who:
(1) are serving on the faculties of nursing degree
programs at institutions to which this subchapter applies [of
higher education or private or independent institutions of higher
education] in positions that require an advanced degree in
professional nursing; and
(2) apply and qualify for the assistance.
SECTION 15. Subchapter JJ, Chapter 61, Education Code, is
amended by adding Section 61.98211 to read as follows:
Sec. 61.98211. APPLICABILITY OF SUBCHAPTER. This
subchapter applies to:
(1) an institution of higher education;
(2) a private or independent institution of higher
education; and
(3) a nonprofit, tax-exempt, regionally accredited
college or university operating in accordance with a memorandum of
understanding with this state under an executive order issued by
the governor.
SECTION 16. Section 61.9822, Education Code, is amended to
read as follows:
Sec. 61.9822. ELIGIBILITY. To be eligible to receive loan
repayment assistance under this subchapter, a nurse must:
(1) apply to the board;
(2) at the time of application for repayment
assistance have been employed full-time for at least one year as,
and be currently employed full-time as, a faculty member of a
nursing degree program at an institution to which this subchapter
applies [of higher education or a private or independent
institution of higher education]; and
(3) comply with any additional requirements adopted by
board rule.
SECTION 17. Section 61.9823(a), Education Code, is amended
to read as follows:
(a) On qualifying for loan repayment assistance under this
subchapter, a nurse may receive repayment assistance for each year
of full-time employment as a faculty member of a nursing degree
program at an institution to which this subchapter applies [of
higher education or private or independent institution of higher
education], not to exceed five years.
SECTION 18. Section 61.9824(a), Education Code, is amended
to read as follows:
(a) The board may provide repayment assistance for the
repayment of any student loan for education at any [public or
private] institution to which this subchapter applies [of higher
education], including a loan for undergraduate education, received
by an eligible person through any lender.
SECTION 19. Section 61.9828(b), Education Code, is amended
to read as follows:
(b) The board shall distribute a copy of the rules adopted
under this section and pertinent information regarding this
subchapter to:
(1) each institution to which this subchapter applies
[of higher education and private or independent institution of
higher education];
(2) any appropriate state agency; and
(3) any appropriate professional association.
SECTION 20. Section 61.9835(a), Education Code, is amended
to read as follows:
(a) The board may provide repayment assistance under this
subchapter for the repayment of any student loan received by an
eligible person through an eligible lender that[:
[(1)] is for education at:
(1) a public or private institution of higher
education; or [and]
(2) a nonprofit, tax-exempt, regionally accredited
college or university operating in accordance with a memorandum of
understanding with this state under an executive order issued by
the governor [is received by an eligible person through an eligible
lender].
SECTION 21. As soon as practicable after the effective date
of this Act, the Texas Higher Education Coordinating Board shall
adopt any rules necessary to administer the changes in law made by
this Act.
SECTION 22. 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, 2019.