By: Carter H.B. No. 2299
73R3826 SOS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the peace officer college loan program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 415, Government Code, is amended by
1-5 adding Subchapter G to read as follows:
1-6 SUBCHAPTER G. PEACE OFFICER COLLEGE LOAN PROGRAM
1-7 Sec. 415.131. DEFINITIONS. In this subchapter:
1-8 (1) "Full assistance loan" means a loan for tuition,
1-9 fees, and all education expenses for attendance at an institution
1-10 of higher education.
1-11 (2) "Institution of higher education" has the meaning
1-12 assigned by Section 61.003, Education Code.
1-13 (3) "Program" means the peace officer college loan
1-14 program established under this subchapter.
1-15 (4) "Tuition assistance loan" means a loan for
1-16 tuition, fees, books, and certain education expenses for attendance
1-17 at an institution of higher education.
1-18 Sec. 415.132. ESTABLISHMENT; ADMINISTRATION. (a) The peace
1-19 officer college loan program is established to provide assistance
1-20 to peace officers and prospective peace officers who attend
1-21 institutions of higher education.
1-22 (b) The commission shall administer the program and shall
1-23 adopt rules relating to:
1-24 (1) retention requirements for full assistance or
2-1 tuition assistance loan recipients;
2-2 (2) full assistance or tuition assistance loan
2-3 cancellation provisions and procedures;
2-4 (3) license suspension for full assistance or tuition
2-5 assistance loan defaults;
2-6 (4) the review of all pending full assistance and all
2-7 pending tuition assistance loan applications not less often than
2-8 twice a year;
2-9 (5) annual limits on amounts of and number of full
2-10 assistance and tuition assistance loans;
2-11 (6) the allocation of full assistance and tuition
2-12 assistance loans between peace officers and individuals who intend
2-13 to become peace officers;
2-14 (7) reporting requirements for institutions of higher
2-15 education that enroll full assistance or tuition assistance loan
2-16 recipients; and
2-17 (8) the administration of this subchapter.
2-18 (c) The commission may contract with an insurance carrier
2-19 licensed to do business in this state for insurance on the life of
2-20 a recipient in an amount sufficient to repay a full assistance or
2-21 tuition assistance loan under this subchapter. If the commission
2-22 enters into a contract under this subsection, each loan recipient
2-23 shall pay a fee to offset the full cost of the life insurance.
2-24 Sec. 415.133. RECRUITMENT OF LOAN APPLICANTS. (a) The
2-25 commission shall actively recruit full assistance and tuition
2-26 assistance loan applicants who intend to enroll in an institution
2-27 of higher education and to be peace officers. For that purpose,
3-1 the commission shall inform students and counselors of school
3-2 districts and of institutions of higher education about the
3-3 program.
3-4 (b) The commission shall focus recruiting efforts on
3-5 students who, without a full assistance or tuition assistance loan
3-6 from the program, would not otherwise begin or complete their
3-7 college studies.
3-8 Sec. 415.134. ELIGIBILITY. To be eligible for a full
3-9 assistance or tuition assistance loan under this subchapter, an
3-10 individual must:
3-11 (1) be a peace officer or intend to become a peace
3-12 officer;
3-13 (2) be a Texas resident, as defined by Texas Higher
3-14 Education Coordinating Board rule;
3-15 (3) complete and file with the commission, on a form
3-16 prescribed by the commission, a full assistance or tuition
3-17 assistance loan application;
3-18 (4) be accepted for admission to an institution of
3-19 higher education;
3-20 (5) have not defaulted on a full assistance or tuition
3-21 assistance loan under this subchapter; and
3-22 (6) have complied with any other requirements adopted
3-23 by the commission under this subchapter.
3-24 Sec. 415.135. FULL ASSISTANCE LOANS. (a) Each academic
3-25 year, the commission shall provide a full assistance loan in an
3-26 amount determined by the commission to each eligible individual on
3-27 receipt of the individual's full assistance loan application.
4-1 (b) The amount included in a full assistance loan provided
4-2 under this section for reasonable living expenses to attend an
4-3 institution of higher education may not exceed $2,000 each
4-4 semester.
4-5 (c) Proceeds of a full assistance loan may be used only to
4-6 pay:
4-7 (1) tuition or fees at an institution of higher
4-8 education; or
4-9 (2) reasonable living expenses to attend an
4-10 institution of higher education.
4-11 Sec. 415.136. TUITION ASSISTANCE LOANS. (a) Each academic
4-12 year, the commission shall provide a tuition assistance loan in an
4-13 amount determined by the commission to each eligible individual on
4-14 receipt of the individual's tuition assistance loan application.
4-15 (b) Except as provided by Subsection (c), proceeds of a
4-16 tuition assistance loan may be used only to pay for tuition, fees,
4-17 books, or education expenses at an institution of higher education.
4-18 (c) Proceeds of a tuition assistance loan may not be used to
4-19 pay living expenses.
4-20 Sec. 415.137. LIMITATION ON AMOUNT OF ALL LOANS. The total
4-21 amount of all full assistance and all tuition assistance loans for
4-22 an academic year may not exceed the greater of:
4-23 (1) 30 percent of the amount appropriated for that
4-24 biennium for the program; or
4-25 (2) the unexpended and unobligated balance of the
4-26 total amount appropriated for full assistance and tuition
4-27 assistance loans computed on a date determined by commission rule.
5-1 Sec. 415.138. TERMS OF LOANS. (a) Each full assistance or
5-2 tuition assistance loan must be evidenced by a promissory note that
5-3 provides for the repayment of the loan with interest and for the
5-4 charging of necessary collection costs.
5-5 (b) Except as provided by Section 415.141 or 415.142, a full
5-6 assistance or tuition assistance loan must be repayable in equal
5-7 monthly installments over a period beginning with the first day of
5-8 the 12th month after the date on which the recipient ceases to be
5-9 enrolled at an institution of higher education.
5-10 (c) A full assistance or tuition assistance loan must bear
5-11 simple interest at a rate determined by the board, but not to
5-12 exceed three percent plus the prime interest rate.
5-13 (d) The commission by rule shall determine the other terms
5-14 of a full assistance or tuition assistance loan, including a grace
5-15 period for repayment.
5-16 Sec. 415.139. GRADE REPORTS OF LOAN RECIPIENT. (a) A full
5-17 assistance or tuition assistance loan recipient shall submit a copy
5-18 of the recipient's grades at the institution of higher education in
5-19 which the student is enrolled not later than the 45th day after the
5-20 last day of a semester during which the student was enrolled at the
5-21 institution.
5-22 Sec. 415.140. LOAN REPAYMENTS. (a) Full assistance or
5-23 tuition assistance loan repayments must be made to the commission.
5-24 (b) The commission shall deposit repayments of principal or
5-25 interest on a full assistance or tuition assistance loan under this
5-26 subchapter to the law enforcement officer standards and education
5-27 fund.
6-1 Sec. 415.141. LOAN SUSPENSION. Interest on a recipient's
6-2 full assistance or tuition assistance loan is suspended during any
6-3 period during which the recipient is employed as a peace officer.
6-4 Sec. 415.142. LOAN FORGIVENESS. (a) A full assistance or
6-5 tuition assistance loan recipient who, on the date on which the
6-6 recipient applied for the loan, intended to become a peace officer
6-7 is eligible for forgiveness of the repayment of accrued interest if
6-8 the recipient:
6-9 (1) completes and files with the commission, on a form
6-10 prescribed by the commission, an application for forgiveness of
6-11 accrued interest; and
6-12 (2) has served as a peace officer for less than two
6-13 years after the date on which the recipient ceases to be enrolled
6-14 at an institution of higher education.
6-15 (b) A tuition assistance loan recipient is eligible for
6-16 forgiveness of the repayment of principal and accrued interest if
6-17 the recipient:
6-18 (1) completes and files with the commission, on a form
6-19 prescribed by the commission, an application for forgiveness of
6-20 principal and accrued interest; and
6-21 (2) has served as a peace officer for not less than
6-22 two years after the date on which the recipient ceases to be
6-23 enrolled at an institution of higher education.
6-24 (c) Except as provided by Subsection (d), the commission
6-25 shall determine the amount of forgiveness under this section based
6-26 on the number of complete years of service by the recipient as a
6-27 peace officer and on other terms set by commission rule.
7-1 (d) The commission shall forgive the principal and interest
7-2 of a tuition assistance loan of an eligible recipient for an amount
7-3 not to exceed the amount of tuition charged for 15 semester hours
7-4 of credit multiplied by the number of years of service by the
7-5 recipient as a peace officer.
7-6 (e) If the commission forgives principal and accrued
7-7 interest on a tuition assistance loan, the commission shall forgive
7-8 the principal first and then the accrued interest.
7-9 Sec. 415.143. DEFAULT; ACCELERATION. (a) A full assistance
7-10 or tuition assistance loan recipient is in default on the loan if
7-11 the recipient fails to make a monthly payment on the loan.
7-12 (b) If a default has continued for five or more months, the
7-13 commission shall accelerate the outstanding balance due on the
7-14 loan.
7-15 (c) If interest on the loan has been suspended or forgiven
7-16 on a loan whose outstanding balance has been accelerated, the
7-17 suspension or forgiveness is void and the amount suspended or
7-18 forgiven is due on the date of acceleration.
7-19 Sec. 415.144. REMEDIES. (a) If a full assistance or
7-20 tuition assistance loan recipient whose loan has been accelerated
7-21 has not paid the amounts due, the commission may refer the default
7-22 to the attorney general for collection.
7-23 (b) The commission may institute an action in its own name
7-24 to enforce this subchapter or to enjoin a violation of this
7-25 subchapter or a rule adopted by the commission under this
7-26 subchapter.
7-27 (c) An action under this section must be brought in a
8-1 district court in Travis County.
8-2 Sec. 415.145. AUDIT; ANNUAL REPORT. (a) The transactions
8-3 of the commission under this subchapter are subject to audit by the
8-4 state auditor in accordance with Chapter 321.
8-5 (b) The commission shall report on the operations of the
8-6 program to the governor annually and to the legislature not later
8-7 than February 1 of each odd-numbered year.
8-8 (c) The report must include by fiscal year for the program
8-9 and for each institution of higher education that enrolls full
8-10 assistance or tuition assistance loan recipients:
8-11 (1) the number of full assistance or tuition
8-12 assistance loans;
8-13 (2) the maximum and minimum full assistance or tuition
8-14 assistance loan amounts;
8-15 (3) the total amount of outstanding full assistance or
8-16 tuition assistance loan payments;
8-17 (4) the amount of principal and accrued interest
8-18 forgiven;
8-19 (5) the law enforcement agencies that employ full
8-20 assistance or tuition assistance loan recipients; and
8-21 (6) a list of full assistance or tuition assistance
8-22 loan recipients that have defaulted on their loans, showing the
8-23 loan balance due and the recipient's last known address.
8-24 (d) The report may include any other information the
8-25 commission considers necessary to describe the effectiveness of the
8-26 program.
8-27 SECTION 2. Section 415.084(c), Government Code, is amended
9-1 to read as follows:
9-2 (c) Money remaining in the law enforcement officer standards
9-3 and education fund at the end of the state fiscal year, except
9-4 funds appropriated to the commission and loan repayments under
9-5 Subchapter G, shall be transferred to the general revenue fund.
9-6 SECTION 3. Chapter 142, Local Government Code, is amended by
9-7 adding Section 142.011 to read as follows:
9-8 Sec. 142.011. EDUCATIONAL LEAVE. (a) On written
9-9 application by a peace officer, a municipality may grant the peace
9-10 officer a leave of absence for the peace officer to enroll in a
9-11 college on a full-time basis to pursue an educational study plan
9-12 related to law enforcement or public safety.
9-13 (b) A municipality may not adopt a policy that denies
9-14 employee benefits, including health and life insurance plans,
9-15 promotional seniority, and accumulation of retirement credit, to a
9-16 peace officer on leave as provided by Subsection (a) if the peace
9-17 officer pays both the peace officer's and the municipality's share
9-18 of the cost of the benefits.
9-19 SECTION 4. Section 23.101(a), Government Code, is amended to
9-20 read as follows:
9-21 (a) The trial courts of this state shall regularly and
9-22 frequently set hearings and trials of pending matters, giving
9-23 preference to hearings and trials of the following:
9-24 (1) temporary injunctions;
9-25 (2) criminal actions, with criminal actions against
9-26 defendants who are detained in jail pending trial given preference
9-27 over other criminal actions;
10-1 (3) election contests and suits under the Election
10-2 Code;
10-3 (4) orders for the protection of the family under
10-4 Section 3.581, 71.11, or 71.12, Family Code;
10-5 (5) appeals of final rulings and decisions of the
10-6 Texas Workers' Compensation Commission and claims under the Federal
10-7 Employers' Liability Act and the Jones Act;
10-8 (6) suits for declaratory judgment under Section
10-9 89.085, Natural Resources Code; <and>
10-10 (7) appeals of final orders of the commissioner of the
10-11 General Land Office under Section 51.3021, Natural Resources Code;
10-12 and
10-13 (8) actions under Subchapter G, Chapter 415.
10-14 SECTION 5. (a) The Commission on Law Enforcement Officer
10-15 Standards and Education shall adopt initial rules required by
10-16 Subchapter G, Chapter 415, Government Code, as added by this Act,
10-17 not later than January 1, 1995.
10-18 (b) The Commission on Law Enforcement Officer Standards and
10-19 Education shall make full assistance and tuition assistance loans
10-20 to eligible students under Subchapter G, Chapter 415, Government
10-21 Code, as added by this Act, not later than the beginning of the
10-22 fall semester in 1996.
10-23 SECTION 6. This Act takes effect September 1, 1994.
10-24 SECTION 7. The importance of this legislation and the
10-25 crowded condition of the calendars in both houses create an
10-26 emergency and an imperative public necessity that the
10-27 constitutional rule requiring bills to be read on three several
11-1 days in each house be suspended, and this rule is hereby suspended.