Texas 2023 88th Regular

Texas Senate Bill SB25 Engrossed / Bill

Filed 03/30/2023

                    By: Kolkhorst, et al. S.B. No. 25


 A BILL TO BE ENTITLED
 AN ACT
 relating to support for nursing-related postsecondary education,
 including scholarships to nursing students, loan repayment
 assistance to nurses and nursing faculty, and grants to nursing
 education programs.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 61.651(1), Education Code, is amended to
 read as follows:
 (1)  "Professional nursing student" means a student
 enrolled in:
 (A)  an institution of higher education; 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 [a private or independent institution
 of higher education] in a course of study leading to an initial or
 an advanced degree in professional nursing.
 SECTION 2.  Section 61.655, Education Code, is amended to
 read as follows:
 Sec. 61.655.  PURPOSE; ELIGIBILITY. (a) A scholarship
 program[, matching fund program,] or loan repayment program
 established under this subchapter shall be established and
 administered in a manner that the board determines best promotes
 the health care and educational needs of this state.
 (b)  The board may establish multiple categories of persons
 to receive scholarships[, matching funds,] and loan repayments.
 The board may include faculty from professional nursing programs
 with master's degrees or doctorates among the categories of persons
 authorized to receive loan repayments.
 (c)  Each year funds are available, the board shall establish
 the categories of persons eligible to receive scholarships[,
 matching funds,] and loan repayments and the criteria for selecting
 persons to be assisted under each category. The criteria:
 (1)  must include that the person be enrolled in, or
 have outstanding student loans for education received at, as
 applicable to the program:
 (A)  an institution of higher education; or
 (B)  a nonprofit college or university described
 by Section 61.651(1)(B); and
 (2)  may include:
 (A) [(1)]  scholastic ability and performance;
 (B) [(2)]  financial need;
 (C) [(3)]  the geographical area in which the
 person is likely to practice;
 (D) [(4)]  whether the person receives Temporary
 Assistance for Needy Families [Aid to Families with Dependent
 Children] or participates in another public welfare program;
 (E) [(5)]  employment by a state agency;
 (F) [(6)]  employment on a nursing school faculty
 or a person's intention to seek employment on a nursing school
 faculty;
 (G) [(7)]  whether the person is practicing in a
 geographical area, a practice setting, or an area of practice with
 an acute nursing shortage or is likely to practice in such an area;
 (H) [(8)]  the type of certificate or academic
 degree held or pursued; or
 (I) [(9)]  any additional factors the board
 considers relevant to promoting the health care and educational
 needs of the state.
 SECTION 3.  Section 61.656, Education Code, is amended by
 amending Subsection (d) and adding Subsection (e) to read as
 follows:
 (d)  The board shall distribute information about the
 scholarship program[, matching fund program,] and loan repayment
 program established under this subchapter to:
 (1)  employers of registered nurses or licensed
 vocational nurses;
 (2)  associations of employers;
 (3)  schools and educational programs for registered
 nurses or licensed vocational nurses; and
 (4)  professional associations of registered nurses or
 licensed vocational nurses.
 (e)  The rules adopted under this section must provide that
 not more than 10 percent of the total amount of scholarships or
 repayment assistance awarded under a program established under this
 subchapter in a year may be awarded to persons enrolled in, or for
 the repayment of student loans for education received at, as
 applicable to the program, a nonprofit college or university
 described by Section 61.651(1)(B).
 SECTION 4.  Section 61.658(b), Education Code, is amended to
 read as follows:
 (b)  The board may structure the scholarship program[, the
 matching fund program,] and the loan repayment program established
 under this subchapter to secure funds available under federal
 matching programs.
 SECTION 5.  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 part-time or full-time for at least
 one year as, and be currently employed part-time or full-time as, a
 faculty member of a nursing degree program at an institution of
 higher education or a private or independent institution of higher
 education; and
 (3)  comply with any additional requirements adopted by
 board rule.
 SECTION 6.  Sections 61.9823(a) and (b), Education Code, are
 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 part-time or full-time employment as a faculty member of a
 nursing degree program at an institution of higher education or
 private or independent institution of higher education, not to
 exceed five years.
 (b)  The board by rule shall determine the maximum amount of
 loan repayment assistance received by a nurse under this subchapter
 [may not exceed $7,000] in any one year.  The board shall base the
 amount of loan repayment assistance received by a nurse for
 part-time employment on the proportion of the number of hours
 worked by the nurse to the number of hours worked by a full-time
 nurse.
 SECTION 7.  Sections 63.202(f) and (g), Education Code, are
 amended to read as follows:
 (f)  Notwithstanding the limitation provided by Subsection
 (b), grants awarded under Subsection (c) for the state fiscal
 biennium ending on August 31, 2025 [2021], and the fiscal biennium
 ending on August 31, 2027 [2023], by the Texas Higher Education
 Coordinating Board shall be awarded to programs preparing students
 for initial licensure as registered nurses or programs preparing
 qualified faculty members with a master's or doctoral degree for
 the program, including programs at two-year institutions of higher
 education, four-year general academic teaching institutions,
 health science centers, and independent or private institutions of
 higher education, or to the nursing resource section established
 under Section 105.002(b), Health and Safety Code.  In awarding
 grants under this subsection, the coordinating board may:
 (1)  give priority to institutions proposing to address
 the shortage of registered nurses by promoting innovation in
 education, recruitment, and retention of nursing students and
 qualified faculty;
 (2)  award grants on a competitive basis;
 (3)  consider the availability of matching funds; and
 (4)  fund a study by the nursing resource section to
 evaluate the competencies of clinical judgment and behaviors that
 professional nursing students should possess at the time of
 graduation.
 (g)  Subsection (f) and this subsection expire September 1,
 2027 [2023].
 SECTION 8.  The following provisions of the Education Code
 are repealed:
 (1)  Sections 61.653 and 61.657; and
 (2)  Section 61.656(c).
 SECTION 9.  (a)  As soon as practicable after the effective
 date of this Act, the Texas Higher Education Coordinating Board
 shall adopt rules necessary to administer the changes in law made by
 this Act.
 (b)  Section 61.655, Education Code, as amended by this Act,
 applies beginning with scholarships and loan repayment assistance
 awarded under a program established under Subchapter L, Chapter 61,
 Education Code, for the 2024-2025 academic year.  Scholarships and
 loan repayment assistance awarded under a program established under
 Subchapter L, Chapter 61, Education Code, for an academic year
 before the 2024-2025 academic year are governed by the law in effect
 immediately before the effective date of this Act, and the former
 law is continued in effect for that purpose.
 (c)  The changes in law made by this Act to Subchapter JJ,
 Chapter 61, Education Code, apply beginning with loan repayment
 assistance awarded under that subchapter for the 2024-2025 academic
 year. Loan repayment assistance awarded under Subchapter JJ,
 Chapter 61, Education Code, for an academic year before the
 2024-2025 academic year is governed by the law in effect
 immediately before the effective date of this Act, and the former
 law is continued in effect for that purpose.
 SECTION 10.  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, 2023.