| 1 | 1 | | 88R15339 CXP-D |
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| 2 | 2 | | By: Allen H.B. No. 4935 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain duties of a public institution of higher |
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| 8 | 8 | | education in relation to the federal Public Service Loan |
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| 9 | 9 | | Forgiveness Program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 12 | 12 | | amended by adding Sections 51.944 and 51.9441 to read as follows: |
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| 13 | 13 | | Sec. 51.944. CERTIFICATION OF EMPLOYMENT OF CERTAIN FACULTY |
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| 14 | 14 | | MEMBERS FOR PUBLIC SERVICE LOAN FORGIVENESS PROGRAM. (a) In this |
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| 15 | 15 | | section, "institution of higher education" has the meaning assigned |
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| 16 | 16 | | by Section 61.003. |
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| 17 | 17 | | (b) For purposes of certifying the employment of an adjunct |
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| 18 | 18 | | or other part-time faculty member for the Public Service Loan |
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| 19 | 19 | | Forgiveness Program administered by the United States Department of |
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| 20 | 20 | | Education only, an institution of higher education shall: |
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| 21 | 21 | | (1) consider the faculty member to have worked at |
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| 22 | 22 | | least 3.35 hours for each credit hour or contact hour of instruction |
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| 23 | 23 | | the faculty member provides; and |
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| 24 | 24 | | (2) designate the faculty member as a full-time |
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| 25 | 25 | | employee if the faculty member works on average at least 30 hours |
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| 26 | 26 | | per week based on the number of hours the faculty member is |
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| 27 | 27 | | considered to have worked under Subdivision (1). |
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| 28 | 28 | | (c) Not later than the 60th day after the date an |
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| 29 | 29 | | institution of higher education receives a certification and |
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| 30 | 30 | | application form from an employee seeking employment certification |
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| 31 | 31 | | for purposes of the Public Service Loan Forgiveness Program |
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| 32 | 32 | | administered by the United States Department of Education, the |
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| 33 | 33 | | institution shall: |
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| 34 | 34 | | (1) determine whether the employee is considered a |
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| 35 | 35 | | full-time employee of the institution for purposes of the |
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| 36 | 36 | | employment verification and verify the information provided by the |
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| 37 | 37 | | employee on the certification and application form; and |
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| 38 | 38 | | (2) if the employee is considered a full-time employee |
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| 39 | 39 | | of the institution for purposes of the employment verification, |
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| 40 | 40 | | certify the employee's employment. |
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| 41 | 41 | | (d) The Texas Higher Education Coordinating Board may adopt |
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| 42 | 42 | | rules as necessary to administer this section. |
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| 43 | 43 | | Sec. 51.9441. NOTICE TO INSTITUTION OF HIGHER EDUCATION |
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| 44 | 44 | | EMPLOYEES OF PUBLIC SERVICE LOAN FORGIVENESS PROGRAM. (a) In this |
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| 45 | 45 | | section, "institution of higher education" has the meaning assigned |
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| 46 | 46 | | by Section 61.003. |
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| 47 | 47 | | (b) Not later than October 1 of each year, an institution of |
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| 48 | 48 | | higher education shall provide written notice to each institution |
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| 49 | 49 | | employee of the ability of eligible employees to participate in the |
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| 50 | 50 | | Public Service Loan Forgiveness Program administered by the United |
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| 51 | 51 | | States Department of Education. An institution of higher education |
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| 52 | 52 | | may deliver a written notice under this section to an employee by |
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| 53 | 53 | | hand delivery, mail, e-mail, or other form of electronic |
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| 54 | 54 | | communication commonly used by the institution to communicate with |
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| 55 | 55 | | employees. |
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| 56 | 56 | | SECTION 2. This Act takes effect September 1, 2023. |
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