88R2114 MM-F By: Klick H.B. No. 104 A BILL TO BE ENTITLED AN ACT relating to student loan repayment assistance for certain nurses employed by a long-term care facility. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 61, Education Code, is amended by adding Subchapter N to read as follows: SUBCHAPTER N. REPAYMENT OF EDUCATION LOANS FOR CERTAIN NURSES Sec. 61.731. LOAN REPAYMENT ASSISTANCE AUTHORIZED. The board shall provide, in accordance with this subchapter and board rules, assistance in the repayment of eligible student loans for eligible nurses who apply and qualify for the assistance. Sec. 61.732. ELIGIBILITY. To be eligible to receive loan repayment assistance under this subchapter, a nurse must: (1) apply to the board in a manner prescribed by the board; (2) be an advanced practice registered nurse, registered nurse, or licensed vocational nurse; and (3) at the time of application for repayment assistance have been employed full-time for at least one year by, and currently be employed full-time by: (A) a convalescent or nursing facility licensed under Chapter 242, Health and Safety Code; or (B) a continuing care facility regulated under Chapter 246, Health and Safety Code. Sec. 61.733. LIMITATIONS. A nurse may receive loan repayment assistance under this subchapter for not more than five years. Sec. 61.734. ELIGIBLE LOANS. (a) The board may provide loan 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 money appropriated to the board for the purpose of providing loan repayment assistance under this subchapter. Sec. 61.735. 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 nurse; or (2) directly to the lender or other holder of the loan on the nurse's behalf. (b) A repayment under this subchapter may be applied to any amount due in connection with the loan. Sec. 61.736. AMOUNT OF REPAYMENT ASSISTANCE. (a) A nurse may receive loan repayment assistance under this subchapter in an amount determined by the board, not to exceed $5,000 for each year the nurse establishes eligibility for the assistance. (b) The total amount of loan repayment assistance awarded 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 money available to the board for the repayment assistance. (c) The board may adjust in an equitable manner the distribution amounts that nurses would otherwise receive under Subsection (a) for a year as necessary to comply with Subsections (b) and (d). (d) The total amount of loan repayment assistance awarded under this subchapter may not exceed $6 million in each state fiscal biennium. Sec. 61.737. RULES; ADMINISTRATION. (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. (c) The board shall administer the program under this subchapter in a manner that maximizes any matching funds available through other sources. (d) A reasonable amount, not to exceed three percent, of any money appropriated for purposes of this subchapter may be used to pay the costs of administering this subchapter. Sec. 61.738. SOLICITATION AND ACCEPTANCE OF MONEY. 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 is required to provide assistance in the repayment of eligible student loans for eligible nurses as provided by this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the board may, but is not required to, provide assistance in the repayment of eligible student loans for eligible nurses as provided by this Act using other appropriations available for that purpose. SECTION 3. This Act takes effect September 1, 2023.