By: Creighton S.B. No. 1758
(Pacheco)
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain occupation-related
postsecondary educational financial aid and student loan repayment
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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, each 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 received by an eligible person
through any lender that is for education, including undergraduate
education, at:
(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 [any public or private institution of higher
education, including a loan for undergraduate education, received
by an eligible person through any lender].
SECTION 11. 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 12. 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 13. 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 14. The Texas Higher Education Coordinating Board
may not award grants under the professional nursing shortage
reduction program as provided by the changes in law made by this Act
to Sections 61.9621 and 61.96232, Education Code, before June 1,
2021.
SECTION 15. 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.