BILL ANALYSIS
S.B. 727
By: Sibley
Education
3-23-95
Committee Report (Unamended)
BACKGROUND
Since the creation of the student loan note secondary markets
(markets), federal law with respect to the operation and financing
of markets has changed substantially. The market program was
originally linked to only the "Guaranteed Student Loan" program as
authorized by federal law.
Texas law has not been amended to keep pace with the federal law
changes. As a result, an ambiguity exists regarding the true
nature of the Texas markets making it difficult to conclude that a
security interest granted by a Texas market is a prior, perfected
security interest. Furthermore, the specificity in state law has
precluded Texas markets from assisting Texas students with their
higher education needs when federal law would otherwise allow them
to do so.
PURPOSE
As proposed, S.B. 727 eliminates the uncertainty regarding
perfection and priority of security interests granted by Texas
secondary markets in accordance with federal law and allow Texas
markets to participate in all loan programs.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 53.47, Education Code, by amending
Subsection (e) and adding Subsections (f) and (g), as follows:
(e) Authorizes a nonprofit corporation which has been
requested to exercise the powers enumerated and requested in
this section to invest or cause a trustee or custodian on
behalf of such nonprofit corporation, to invest its funds,
including the proceeds of any bonds, notes, or other
obligations and any monies which are pledged to the payment
thereof in an investment authorized by Chapter 2256A,
Government Code, or a security issued by another nonprofit
corporation acting under this section. Makes nonsubstantive
changes.
(f) Authorizes a nonprofit corporation, whether acting at the
request of a city or cities under Subsection (e) or on its own
behalf, that issues securities to obtain funds to purchase or
make student or parent loans to exercise the powers granted by
the Texas Non-Profit Corporation Act (Art. 1396-1.01 et seq.,
V.T.C.S.); service loans purchased or made from its funds or
contract with another person to service the loans; grant a
security interest in a trust estate securing its securities;
purchase or make a student or parent loan that is guaranteed
or insured, in whole or part, by one or more persons engaged
in guaranteeing or insuring student or parent loans, including
any agency of the federal government; and make investments as
authorized by Subsection (e).
(g) Provides that a security interest in a trust estate
granted under Subsection (f)(3) is attached and perfected at
the time the security interest is executed and delivered by
the nonprofit corporation. Provides that the security
interest grants to the secured party a first prior perfected
security interest in the trust estate for the benefit of the
secured party without regard to the location of the assets
that constitute the trust estate.
SECTION 2. Emergency clause.
Effective date: upon passage.