H.B. No. 1211

AN ACT

relating to financial assistance, including repayment of loans, for certain students attending postsecondary educational institutions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.831, Education Code, is amended to read as follows:

Sec. 51.831. COUNCIL AGREEMENT WITH PRIVATE OR INDEPENDENT INSTITUTION OF HIGHER EDUCATION. Each private or independent institution of higher education must enter into an agreement with the council under which the institution agrees to:

(1) provide academic counseling to a participating student or program alternate enrolled at the institution;

(2) as soon as practicable, implement or expand appropriate degree programs as necessary to provide participating students with sufficient preparation for enrollment in participating medical schools;

(3) select a faculty director or an academic or health professions advisor to assist in implementing the program at the institution and in implementing or expanding the institution's degree programs as necessary under Subdivision (2); and

(4) provide, in addition to any other scholarship money awarded to the student, a scholarship to a participating student in the amount required for a participating student attending a general academic teaching institution, except that [but not to exceed] the amount of scholarship awards may not exceed the amount of tuition and fees that the student is charged.

SECTION 2. Section 61.601, Education Code, as amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:

Sec. 61.601. DEFINITION. In this subchapter, "mental health professional" means:

(1) a licensed physician who is:

(A) a graduate of an accredited psychiatric residency training program; or

(B) certified in psychiatry by:

(i) the American Board of Psychiatry and Neurology; or

(ii) the American Osteopathic Board of Neurology and Psychiatry;

(2) a psychologist, as defined by Section 501.002, Occupations Code;

(3) a licensed professional counselor, as defined by Section 503.002, Occupations Code;

(4) an advanced practice registered nurse, as defined by Section 301.152, Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing;

(5) a licensed clinical social worker, as defined by Section 505.002, Occupations Code; [and]

(6) a licensed specialist in school psychology, as defined by Section 501.002, Occupations Code;

(7) a chemical dependency counselor, as defined by Section 504.001, Occupations Code; and

(8) [(6)] a licensed marriage and family therapist, as defined by Section 502.002, Occupations Code.

SECTION 3. Section 61.603, Education Code, is amended to read as follows:

Sec. 61.603. ELIGIBILITY. (a) Except as provided by Subsection (b), to [To] be eligible to receive repayment assistance under this subchapter, a mental health professional must:

(1) apply to the board;

(2) have completed one, two, three, four, or five consecutive years of practice in a mental health professional shortage area designated by the Department of State Health Services; and

(3) provide mental health services in this state to:

(A) recipients under the medical assistance program authorized by Chapter 32, Human Resources Code;

(B) enrollees under the child health plan program authorized by Chapter 62, Health and Safety Code; or

(C) persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice.

(b) To be eligible to receive repayment assistance under this subchapter, a mental health professional described by Section 61.601(6) must:

(1) apply to the board;

(2) be employed by:

(A) a school district all or part of which is located in a federally designated mental health care health professional shortage area;

(B) an open-enrollment charter school that is located in a shortage area described by Paragraph (A); or

(C) a public school that receives federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.);

(3) provide mental health services to students enrolled in that district or school, as applicable; and

(4) have completed one, two, three, four, or five consecutive years of practice in this state as described by Subdivisions (2) and (3).

(c) In addition to satisfying the requirements under Subsection (a), for a licensed physician to be eligible to receive repayment assistance under this subchapter after the physician's third consecutive year of practice described under Subsection (a)(2), the physician must be certified in psychiatry by:

(1) the American Board of Psychiatry and Neurology; or

(2) the American Osteopathic Board of Neurology and Psychiatry.

SECTION 4. Sections 61.604(d) and (e), Education Code, as added by Chapter 1101 (H.B. 3808), Acts of the 85th Legislature, Regular Session, 2017, are amended to read as follows:

(d) The board may award a grant under this subchapter to a mental health professional described by Section 61.601(8) [61.601(6)] only in accordance with Subsection (e).

(e) If in a state fiscal year there are funds available for purposes of the program after funding grants to all eligible mental health professionals described by Sections 61.601(1)-(7) [Subsections 61.601(1)-(5)], the board may allocate any unused funds to award repayment assistance grants to mental health professionals in any of the professions listed in Section 61.601 except that priority must be given to awarding grants to mental health professionals described by Sections 61.601(1)-(7) [Subsections 61.601(1)-(5)]. The limitations prescribed by Subsections (b) and (c) do not apply to grants awarded under this subsection.

SECTION 5. Section 61.607(b), Education Code, is amended to read as follows:

(b) The total amount of repayment assistance received by a mental health professional under this subchapter may not exceed:

(1) $160,000, for assistance from the state received by a licensed physician;

(2) $80,000, for assistance from the state received by:

(A) a psychologist;

(B) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work;

(C) a licensed professional counselor, if the counselor has received a doctoral degree related to counseling; or

(D) a licensed marriage and family therapist, if the marriage and family therapist has received a doctoral degree related to marriage and family therapy;

(3) $60,000, for assistance from the state received by an advanced practice registered nurse;

(4) $40,000, for assistance from the state received by:

(A) a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional counselor who is not described by Subdivision (2); or

(B) a licensed specialist in school psychology; and

(5) $10,000, for assistance from the state received by a licensed chemical dependency counselor, if the chemical dependency counselor has received an associate degree related to chemical dependency counseling or behavioral science.

SECTION 6. The following provisions are repealed:

(1) Section 61.604(d), Education Code, as added by Chapter 891 (H.B. 3083), Acts of the 85th Legislature, Regular Session, 2017; and

(2) Section 61.608(c), Education Code, as added by Chapter 891 (H.B. 3083), Acts of the 85th Legislature, Regular Session, 2017.

SECTION 7. The change in law made by this Act to Section 51.831, Education Code, applies to the provision of scholarships pursuant to an agreement under Section 51.831, Education Code, as amended by this Act, beginning with the 2023-2024 academic year.

SECTION 8. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 1211 was passed by the House on May 2, 2023, by the following vote: Yeas 124, Nays 20, 3 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1211 on May 25, 2023, by the following vote: Yeas 122, Nays 17, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 1211 was passed by the Senate, with amendments, on May 21, 2023, by the following vote: Yeas 29, Nays 2.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor