Texas 2023 - 88th Regular

Texas House Bill HB4487 Compare Versions

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1	1	2023S0259-T 03/07/23
2	2	By: Smith H.B. No. 4487
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to student loan repayment assistance for prosecutors and
8	8	certain criminal lawyers practicing in rural counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Y, Chapter 61, Education Code, is
11	11	amended to read as follows:
12	12	SUBCHAPTER Y. REPAYMENT OF CERTAIN LAW SCHOOL EDUCATION LOANS:
13	13	RURAL CRIMINAL LAWYERS [ASSISTANT DISTRICT OR COUNTY ATTORNEY]
14	14	Sec. 61.9601. DEFINITIONS [DEFINITION]. In this
15	15	subchapter:
16	16	(1) "Rural[, "rural] county" means a county with a
17	17	population of 100,000 [50,000] or less.
18	18	(2) "Appointed attorney" means an attorney who accepts
19	19	appointments to represent adult or juvenile indigent criminal
20	20	defendants.
21	21	(3) "Employed" means:
22	22	(A) full-time salaried work;
23	23	(B) for part-time employees, an annualized
24	24	average of 15 hours per week of salaried work; or
25	25	(C) an annualized average of 15 hours per week of
26	26	work as an appointed attorney.
27	27	Sec. 61.9602. REPAYMENT ASSISTANCE AUTHORIZED. (a) The
28	28	board shall provide, using funds appropriated for that purpose and
29	29	in accordance with this subchapter and board rules, assistance in
30	30	the repayment of [law school] education loans for attorneys who
31	31	apply and qualify for the assistance.
32	32	(b) The provision of financial assistance in the repayment
33	33	of education loans under this subchapter promotes a public purpose.
34	34	Sec. 61.9603. ELIGIBILITY. To be eligible to receive
35	35	repayment assistance, an attorney must:
36	36	(1) apply to the board;
37	37	(2) hold a law degree from an accredited institution
38	38	of higher education;
39	39	(3) at the time of the application, be licensed to
40	40	practice law in the State of Texas;
41	41	(4) have outstanding student loan debt; and
42	42	(5) be employed as a prosecutor, public defender, or
43	43	appointed attorney providing services in one or more rural counties
44	44	[be currently employed as an attorney by a district or county
45	45	attorney's office that serves a rural county; and
46	46	[(3) enter into an agreement to remain employed by the
47	47	district or county attorney's office as provided by Section
48	48	61.9605].
49	49	Sec. 61.9604. ELIGIBLE LOANS. (a) The board may provide
50	50	repayment assistance for the repayment of any student loan for
51	51	education at an institution of higher education, including loans
52	52	for undergraduate education, received by the individual [education
53	53	loan received by the attorney] through any lender [for education at
54	54	a school of law authorized by the board to award a degree that
55	55	satisfies the law study requirements for licensure as an attorney
56	56	in this state].
57	57	(b) The board may not provide repayment assistance for an
58	58	education loan that is in default at the time of the attorney's
59	59	application.
60	60	[Sec. 61.9605. AGREEMENT. (a) To qualify for loan
61	61	repayment assistance under this subchapter, a person must enter
62	62	into a written agreement with the board as provided by this section.
63	63	The agreement must specify the conditions the person must satisfy
64	64	to receive repayment assistance.
65	65	[(b) The agreement must require the person to be employed
66	66	for a period of five years with a district or county attorney's
67	67	office that serves a rural county. Only employment with that
68	68	district or county attorney's office as an attorney after the date
69	69	the person enters into the agreement may be used to satisfy the
70	70	employment requirement under the agreement.
71	71	[(c) The agreement must provide that the repayment
72	72	assistance the person receives before the person has been employed
73	73	for five years as required by the agreement constitutes a loan until
74	74	the person completes the five years of employment and satisfies any
75	75	other applicable conditions of the agreement. The agreement must
76	76	require the person to sign a promissory note acknowledging the
77	77	conditional nature of the repayment assistance received and
78	78	promising to repay the amount of that assistance received plus
79	79	applicable interest and reasonable collection costs if the person
80	80	does not satisfy the applicable conditions. The board shall
81	81	determine the terms of the promissory note. To the extent
82	82	practicable, the terms must be the same as those applicable to state
83	83	or federally guaranteed student loans made at the same time. All
84	84	amounts collected in repayment of a loan under this subsection,
85	85	including interest, but excluding collection costs paid by the
86	86	board to another person to collect or assist in collecting the
87	87	amount, shall be deposited to the credit of the trust fund
88	88	established by Section 61.9608.]
89	89	Sec. 61.9606. REPAYMENT. (a) The amount of loan repayment
90	90	provided under this program shall be determined by the board and
91	91	shall not exceed the following amounts for each year for which the
92	92	individual establishes eligibility for the assistance:
93	93	(1) for the first year, $30,000;
94	94	(2) for the second year, $40,000;
95	95	(3) for the third year, $50,000; and
96	96	(4) for the fourth year, $60,000.
97	97	(b) The total amount of repayment assistance made to an
98	98	individual may not exceed $180,000.
99	99	(c) An individual may receive repayment assistance grants
100	100	for not more than four years [Except as provided by Section
101	101	61.9609(a), the board shall provide repayment assistance under this
102	102	subchapter in the following amounts:
103	103	[(1) 60 percent of each payment due on an attorney's
104	104	eligible loans during the first 12-month period after the attorney
105	105	enters into the agreement under Section 61.9605;
106	106	[(2) 80 percent of each payment due on an attorney's
107	107	eligible loans during the second 12-month period after the attorney
108	108	enters into the agreement; and
109	109	[(3) 100 percent of each payment due on an attorney's
110	110	eligible loans during the third 12-month period after the attorney
111	111	enters into the agreement].
112	112	(d) [(b)] The board shall deliver any repayment assistance
113	113	made under this subchapter in a lump sum payable:
114	114	(1) to both the individual and the lender or other
115	115	holder of the affected loan; or
116	116	(2) directly to the lender or other holder of the loan
117	117	on the individual's behalf [and the attorney and in accordance with
118	118	any applicable federal law].
119	119	(e) [(c)] Loan repayment assistance received under this
120	120	subchapter may be applied to the principal amount of the loan and to
121	121	interest that accrues.
122	122	Sec. 61.9607. ADVISORY COMMITTEE. (a) The board shall
123	123	[may] appoint an advisory committee from outside the board's
124	124	membership to assist the board in performing the board's duties
125	125	under this subchapter.
126	126	(b) The advisory committee members must be comprised of
127	127	equal numbers of members recommended by:
128	128	(1) the Texas District and County Attorneys
129	129	Association;
130	130	(2) the Texas Indigent Defense Commission; and
131	131	(3) the Texas Judicial Council.
132	132	(c) The advisory committee shall make recommendations to
133	133	the board regarding rules that:
134	134	(1) establish a method for documenting and verifying
135	135	the hours worked or cases defended by applicants who are appointed
136	136	attorneys; and
137	137	(2) allocate repayment in a manner that incentivizes
138	138	service in the most rural counties. To do so, the advisory
139	139	committee shall consider:
140	140	(A) the population of the counties in which
141	141	applicants provide services;
142	142	(B) the degree of criminal lawyer scarcity in
143	143	those counties; and
144	144	(C) for appointed attorneys:
145	145	(i) the distances between the counties in
146	146	which an applicant provides service;
147	147	(ii) the volume of cases handled by the
148	148	applicant; and
149	149	(iii) the hours that the applicant devoted
150	150	to rural appointed cases during the previous calendar year.
151	151	Sec. 61.9608. FUNDING. (a) The loan repayment assistance
152	152	program established by this subchapter is funded from the rural
153	153	prosecution and defense [district and county attorney] student loan
154	154	assistance trust fund. The trust fund is established outside the
155	155	treasury and is administered by the comptroller. Money in the trust
156	156	fund may be spent without appropriation and only to fund the
157	157	program. Interest and income from the assets of the trust fund
158	158	shall be credited to and deposited in the trust fund.
159	159	(b) The board may solicit and accept gifts, grants, and
160	160	donations from any public or private source for the purposes of this
161	161	subchapter and shall deposit money accepted under this subsection
162	162	to the credit of the trust fund.
163	163	(c) The legislature may appropriate money to the trust fund.
164	164	Sec. 61.9609. RULES. (a) The board shall adopt rules
165	165	necessary for the administration of this subchapter[, including a
166	166	rule that sets the maximum amount of loan repayment assistance that
167	167	an attorney may receive in one year].
168	168	(b) The board shall distribute a copy of the rules adopted
169	169	under this section and pertinent information in this subchapter to:
170	170	(1) each school of law authorized by the board to award
171	171	a degree described by Section 61.9604(a); [and]
172	172	(2) any appropriate district or county attorneys;
173	173	(3) the Texas Indigent Defense Commission; and
174	174	(4) any appropriate public defender offices.
175	175	(c) The board shall administer the program under this
176	176	subchapter in a manner that maximizes any matching funds available
177	177	through other sources.
178	178	SECTION 2. This Act takes effect September 1, 2023.