By:  Hartnett                                         H.B. No. 1827
       73R1216 SOS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the Texas Guaranteed Student Loan Corporation.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter B, Chapter 57, Education Code, is
    1-5  amended by adding Section 57.181 to read as follows:
    1-6        Sec. 57.181.  MEETING BY TELEPHONE CONFERENCE CALL.  (a)  The
    1-7  board may meet by telephone conference call.
    1-8        (b)  A meeting held by telephone conference call may be held
    1-9  only if:
   1-10              (1)  the meeting is a special called meeting and
   1-11  immediate action is required; and
   1-12              (2)  the convening at one location of a quorum of the
   1-13  board is difficult or impossible.
   1-14        (c)  The telephone conference call meeting is subject to the
   1-15  notice requirements applicable to other meetings.
   1-16        (d)  The notice of the telephone conference call meeting must
   1-17  specify as the location of the meeting the location where meetings
   1-18  of the board are usually held.
   1-19        (e)  Each part of the telephone conference call meeting that
   1-20  is required to be open to the public shall be audible to the public
   1-21  at the location specified in the notice of the meeting as the
   1-22  location of the meeting and shall be tape recorded.  The tape
   1-23  recording shall be made available to the public.
   1-24        SECTION 2.  Section 57.47(b), Education Code, is amended to
    2-1  read as follows:
    2-2        (b)  A suit against a defaulting party under this section may
    2-3  be brought in any court of this state that is appropriate under the
    2-4  Higher Education Act of 1965, 20 U.S.C. Sec. 1001 et seq. <the
    2-5  county in which the defaulting person resides, in which the lender
    2-6  is located, or in Travis County.>
    2-7        SECTION 3.  Section 57.48(b), Education Code, is amended to
    2-8  read as follows:
    2-9        (b)  The comptroller of public accounts may release <not
   2-10  issue> a warrant to <any person who has been reported by> the
   2-11  corporation to be applied toward the person's outstanding student
   2-12  loan debt <in default on a loan guaranteed under this chapter>.
   2-13        SECTION 4.  Section 57.481(d), Education Code, is amended to
   2-14  read as follows:
   2-15        (d)  The corporation shall:
   2-16              (1)  maintain <calculate the> loan default rates for
   2-17  the postsecondary educational institutions that participate in the
   2-18  corporation's guaranteed student loan program at the rates
   2-19  calculated by the United States Department of Education; and
   2-20              (2)  semiannually notify the postsecondary educational
   2-21  institutions of those loan default rates.
   2-22        SECTION 5.  Section 57.491, Education Code, is amended to
   2-23  read as follows:
   2-24        Sec. 57.491.  Loan Default Ground for Nonrenewal of
   2-25  Professional or Occupational License.  (a)  In this section:
   2-26              (1)  "License" means a certificate or similar form of
   2-27  permission issued or renewed by a licensing agency and required by
    3-1  law to engage in a profession or occupation.
    3-2              (2)  "Licensee" means a person to whom a licensing
    3-3  agency issues a license.
    3-4              (3)  "Licensing agency" means a board, commission,
    3-5  department, or other agency in <the executive branch of> state
    3-6  government that issues or renews a license.
    3-7        (b)  The corporation shall identify the licensing agencies
    3-8  subject to this section and provide written notice to those
    3-9  agencies of the requirements prescribed by this section.  Only
   3-10  those licensing agencies that the corporation identifies and that
   3-11  receive such notice are required to carry out this section.
   3-12        (c)  The corporation periodically shall:
   3-13              (1)  identify the persons who are in default on loans
   3-14  guaranteed by the corporation; and
   3-15              (2)  provide a written list of the names of those
   3-16  persons to the licensing agencies.
   3-17        (d)  A person who is in default on a loan may enter an
   3-18  agreement with the corporation for repayment of a defaulted loan as
   3-19  required under this section.  The corporation shall provide the
   3-20  person with a certificate certifying that the person has entered a
   3-21  repayment agreement on the defaulted loan.
   3-22        (e)  A licensing agency shall not renew the license of a
   3-23  licensee whose name is on the list provided by the corporation
   3-24  under Subsection (c) of this section unless<:>
   3-25              <(1)  the renewal is the first renewal following the
   3-26  agency's receipt of the list including the licensee's name among
   3-27  those in default; or>
    4-1              <(2)>  the licensee presents to the agency a
    4-2  certificate issued by the corporation certifying that:
    4-3              (1) <(A)>  the licensee has entered a repayment
    4-4  agreement on the defaulted loan; or
    4-5              (2) <(B)>  the licensee is not in default on a loan
    4-6  guaranteed by the corporation.
    4-7        (f)  A licensing agency may issue an initial license to a
    4-8  person whose name is on the list provided by the corporation under
    4-9  Subsection (c) of this section and who meets all other
   4-10  qualifications for licensure, but shall not renew the license
   4-11  unless the person presents to the agency a certificate issued by
   4-12  the corporation certifying that:
   4-13              (1)  the licensee has entered a repayment agreement on
   4-14  the defaulted loan; or
   4-15              (2)  the licensee is not in default on a loan
   4-16  guaranteed by the corporation.
   4-17        (g)  <A licensing agency shall not renew the license of a
   4-18  licensee who defaults on a repayment agreement unless the person
   4-19  presents to the agency a certificate issued by the corporation
   4-20  certifying that:>
   4-21              <(1)  the licensee has entered another repayment
   4-22  agreement on the defaulted loan; or>
   4-23              <(2)  the licensee is not in default on a loan
   4-24  guaranteed by the corporation or on a repayment agreement.>
   4-25        <(h)>  A licensing agency shall provide written notice of the
   4-26  nonrenewal policies established under Subsections (e) and<,> (f)<,
   4-27  and (g)> of this section to each applicant for a license or for
    5-1  renewal of a license.  The corporation shall provide written notice
    5-2  of those same policies on each loan application form provided by
    5-3  the corporation and on each promissory note signed by a borrower.
    5-4  Failure to provide the notice required by this subsection does not
    5-5  affect the default status of a borrower or the prohibitions on
    5-6  renewal of a license held by a person in default.
    5-7        (h) <(i)>  A licensing agency shall provide an opportunity
    5-8  for a hearing to a licensee before the agency takes action
    5-9  concerning the nonrenewal of a license under this section.
   5-10        (i) <(j)>  Each licensing agency shall adopt any rules
   5-11  necessary to carry out the licensing agency's duties under this
   5-12  section.
   5-13        (j) <(k)>  The board shall establish procedures to carry out
   5-14  the corporation's duties under this section.
   5-15        <(l)  This section does not apply to the State Securities
   5-16  Board.>
   5-17        SECTION 6.  Section 57.24(c), Education Code, is repealed.
   5-18        SECTION 7.  The importance of this legislation and the
   5-19  crowded condition of the calendars in both houses create an
   5-20  emergency and an imperative public necessity that the
   5-21  constitutional rule requiring bills to be read on three several
   5-22  days in each house be suspended, and this rule is hereby suspended,
   5-23  and that this Act take effect and be in force from and after its
   5-24  passage, and it is so enacted.