Texas 2025 - 89th Regular

Texas House Bill HB5211 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8352 CMO-F
2	2	By: Phelan H.B. No. 5211
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to student loan repayment assistance for certain attorneys
10	10	providing legal services in rural counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Subchapter Y, Chapter 61,
13	13	Education Code, is amended to read as follows:
14	14	SUBCHAPTER Y. REPAYMENT OF CERTAIN STUDENT [LAW SCHOOL EDUCATION]
15	15	LOANS: RURAL CRIMINAL JUSTICE SYSTEM [ASSISTANT DISTRICT OR
16	16	COUNTY] ATTORNEY
17	17	SECTION 2. Subchapter Y, Chapter 61, Education Code, is
18	18	amended by amending Sections 61.9601, 61.9602, 61.9603, 61.9604,
19	19	61.9606, and 61.9607 and adding Sections 61.96061 and 61.96062 to
20	20	read as follows:
21	21	Sec. 61.9601. DEFINITION. In this subchapter, "rural
22	22	county" means a county with a population of 100,000 [50,000] or
23	23	less.
24	24	Sec. 61.9602. REPAYMENT ASSISTANCE AUTHORIZED. (a) The
25	25	board shall provide, using funds appropriated for that purpose and
26	26	in accordance with this subchapter and board rules, assistance in
27	27	the repayment of eligible student [law school education] loans for
28	28	eligible attorneys who apply and qualify for the assistance.
29	29	(b) The provision of financial assistance in the repayment
30	30	of student [education] loans under this subchapter promotes a
31	31	public purpose.
32	32	Sec. 61.9603. ELIGIBILITY. To be eligible to receive
33	33	repayment assistance, an attorney must:
34	34	(1) apply to the board;
35	35	(2) have earned a law degree from an accredited law
36	36	school;
37	37	(3) be an attorney licensed in this state;
38	38	(4) have an outstanding student loan balance; and
39	39	(5) be currently:
40	40	(A) employed full time, or part time working an
41	41	annualized average of at least 15 hours per week, as:
42	42	(i) a prosecuting [an] attorney by a
43	43	district or county attorney's office that serves one or more [a]
44	44	rural counties [county]; or
45	45	(ii) a public defender by a county public
46	46	defender's office that serves one or more rural counties; or
47	47	(B) appointed as an attorney to represent
48	48	indigent individuals in criminal or juvenile cases who, in the most
49	49	recent calendar year, provided services to those individuals in one
50	50	or more rural counties for an average of at least 15 hours per week
51	51	[and
52	52	[(3) enter into an agreement to remain employed by the
53	53	district or county attorney's office as provided by Section
54	54	61.9605].
55	55	Sec. 61.9604. ELIGIBLE LOANS. (a) The board may provide
56	56	repayment assistance under this subchapter for the repayment of any
57	57	student [education] loan [received by the attorney through any
58	58	lender] for the costs of attendance [education] at an institution
59	59	of higher education, including loans for undergraduate education,
60	60	received by an eligible person through any lender [a school of law
61	61	authorized by the board to award a degree that satisfies the law
62	62	study requirements for licensure as an attorney in this state].
63	63	(b) The board may not provide repayment assistance for a
64	64	student [an education] loan that is in default at the time of the
65	65	attorney's application.
66	66	Sec. 61.9606. REPAYMENT. (a) [Except as provided by
67	67	Section 61.9609(a), the board shall provide repayment assistance
68	68	under this subchapter in the following amounts:
69	69	[(1) 60 percent of each payment due on an attorney's
70	70	eligible loans during the first 12-month period after the attorney
71	71	enters into the agreement under Section 61.9605;
72	72	[(2) 80 percent of each payment due on an attorney's
73	73	eligible loans during the second 12-month period after the attorney
74	74	enters into the agreement; and
75	75	[(3) 100 percent of each payment due on an attorney's
76	76	eligible loans during the third 12-month period after the attorney
77	77	enters into the agreement.
78	78	[(b)] The board shall deliver any repayment assistance made
79	79	under this subchapter in a lump sum payable:
80	80	(1) to both the lender or other holder of the loan and
81	81	the attorney; or
82	82	(2) directly to the lender or other holder of the loan
83	83	on the attorney's behalf [and in accordance with any applicable
84	84	federal law].
85	85	(b) [(c)] Loan repayment assistance received under this
86	86	subchapter may be applied to the principal amount of the loan and to
87	87	interest that accrues.
88	88	Sec. 61.96061. AMOUNT OF REPAYMENT ASSISTANCE. (a)
89	89	Subject to Subsection (b), an attorney may receive loan repayment
90	90	assistance under this subchapter for each year the attorney
91	91	establishes eligibility for the assistance in an amount determined
92	92	by the board not to exceed:
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 received by an
98	98	attorney under this subchapter may not exceed $180,000.
99	99	Sec. 61.96062. LIMITATIONS. An attorney may receive loan
100	100	repayment assistance under this subchapter for not more than four
101	101	years.
102	102	Sec. 61.9607. ADVISORY COMMITTEE. (a) The board shall
103	103	[may] appoint an advisory committee from outside the board's
104	104	membership to assist the board in performing the board's duties
105	105	under this subchapter.
106	106	(b) The advisory committee shall be composed of an equal
107	107	number of members appointed by:
108	108	(1) the Texas District and County Attorneys
109	109	Association;
110	110	(2) the Texas Indigent Defense Commission; and
111	111	(3) the Texas Judicial Council.
112	112	(c) The advisory committee shall make recommendations to
113	113	the board regarding rules that:
114	114	(1) establish a method for documenting and verifying
115	115	the number of hours worked for purposes of Section 61.9603(5); and
116	116	(2) allocate repayment funding under this subchapter
117	117	in a manner that incentivizes service in the most rural counties.
118	118	(d) In developing recommendations under Subsection (c)(2),
119	119	the advisory committee shall consider:
120	120	(1) the population of the counties in which applicants
121	121	for repayment assistance under this subchapter provide services;
122	122	(2) the degree of scarcity of prosecutors, public
123	123	defenders, and indigent criminal or juvenile defense services
124	124	providers in those counties; and
125	125	(3) for applicants who are attorneys appointed to
126	126	represent indigent criminal or juvenile defendants:
127	127	(A) the distances between counties in which an
128	128	applicant provides indigent criminal or juvenile defense services;
129	129	(B) the volume of cases handled by an applicant;
130	130	and
131	131	(C) the number of hours that an applicant
132	132	provided indigent criminal or juvenile defense services in the
133	133	applicable calendar year.
134	134	SECTION 3. Section 61.9608(a), Education Code, is amended
135	135	to read as follows:
136	136	(a) The loan repayment assistance program established by
137	137	this subchapter is funded from the rural criminal justice system
138	138	[district and county] attorney student loan assistance trust fund.
139	139	The trust fund is established outside the treasury and is
140	140	administered by the comptroller. Money in the trust fund may be
141	141	spent without appropriation and only to fund the program. Interest
142	142	and income from the assets of the trust fund shall be credited to
143	143	and deposited in the trust fund.
144	144	SECTION 4. Section 61.9609, Education Code, is amended to
145	145	read as follows:
146	146	Sec. 61.9609. RULES. (a) The board shall adopt rules
147	147	necessary for the administration of this subchapter[, including a
148	148	rule that sets the maximum amount of loan repayment assistance that
149	149	an attorney may receive in one year].
150	150	(b) The board shall distribute a copy of the rules adopted
151	151	under this section and pertinent information in this subchapter to:
152	152	(1) each school of law authorized by the board to award
153	153	a degree that satisfies the law study requirements for licensure as
154	154	an attorney in this state [described by Section 61.9604(a)]; [and]
155	155	(2) any appropriate district or county attorney's
156	156	office;
157	157	(3) the Texas Indigent Defense Commission; and
158	158	(4) any appropriate public defender's office
159	159	[attorneys].
160	160	(c) The board shall administer the program under this
161	161	subchapter in a manner that maximizes any matching funds available
162	162	through other sources.
163	163	SECTION 5. Section 61.9605, Education Code, is repealed.
164	164	SECTION 6. (a) As soon as practicable after the effective
165	165	date of this Act, the Texas Higher Education Coordinating Board
166	166	shall adopt rules necessary to administer Subchapter Y, Chapter 61,
167	167	Education Code, as amended by this Act.
168	168	(b) Subchapter Y, Chapter 61, Education Code, as amended by
169	169	this Act, applies only to loan repayment assistance initially
170	170	provided under that subchapter on or after the effective date of
171	171	this Act. A loan repayment assistance agreement entered into under
172	172	that subchapter before the effective date of this Act is governed by
173	173	the law in effect immediately before that date, and the former law
174	174	is continued in effect for that purpose.
175	175	SECTION 7. This Act takes effect September 1, 2025.