SRC-MKV C.S.H.B. 1938 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1938
77R14851 JSA-FBy: Solis, Jim (Bivins)
Education
5/3/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Higher Education Servicing Corporations service student loans of the six
higher education authorities in various parts of the state. These
authorities are nonprofit corporations and were established to provide
student loan access in the state of Texas. The authorities provide
liquidity to financial institutions that make student loans by purchasing
their guaranteed student loans, and funding their programs primarily
through the sale of tax-exempt bonds. In an effort to make sure that
student borrowers are protected against unreasonable fees, proponents seek
to designate reliable sources of long-term education loans so that Texas
students can afford to attend the college or university of their choice.
C.S.H.B. 1938 limits the authority for making education loans to qualified
Texas nonprofit corporations that have already established a record of
servicing loans under the Higher Education Authority Act.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 53.47, Education Code, as follows:

Sec. 53.47.  New heading: GUARANTEED STUDENT LOANS AND ALTERNATIVE
EDUCATION LOANS; BONDS FOR THE PURCHASE OF EDUCATION LOAN NOTES.  (a)
Defines "accredited institution," "alternative education loan," "cost of
attendance," "guaranteed student loan," "qualified education loan," and
"qualified nonprofit corporation."   

(b) Changes references from "student or parent loan notes which are
guaranteed under the provisions of the Higher Education act of 1965" to
"guaranteed student  loans," and "Chapter 3, Acts of the 61st Legislature,
Regular Session, 1969, as amended (Article 717k-2, Vernon's Texas Civil
Statutes), and by Chapter 784, Acts of the 61st Legislature, Regular
Session, 1969 (Article 717k-3, Vernon's Texas Civil Statutes)" to "Chapter
1204, Government Code, and Subchapters A and D, Chapter 1207, Government
Code."  Makes a conforming change. 

(c) Deletes language relating to an authority that is not an eligible
lender under the Higher Education Act of 1965, acting through a bank with
trust powers.  Adds language to authorize an authority to cause money to be
expended to make for its account certain education loans.  Deletes language
defining "accredited institution" and makes a conforming change. 

(d) Deletes language requiring the custody of student or parent loan notes,
purchased by the bank on behalf of the authority, to remain under the
control of a bank with trust powers. 

(e) Makes a conforming change.
 
(f)  Deletes a reference to the Federal Savings and Loan Insurance
Corporation,  deletes references to certain investments, and makes
conforming changes. 

(g)  Adds language to authorize a nonprofit corporation, whether acting at
the request of a city or cities under Subsection (f) or acting as a
servicer or administrator for another corporation that purchases guaranteed
student loans or that on its own behalf issues securities or otherwise
obtains funds to purchase or make guaranteed student loans or alternative
education loans, to carry out certain duties.  Deletes language authorizing
a nonprofit corporation to 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.  Makes a conforming change. 

(h)  Makes a conforming change.

(i) Authorizes an alternative education loan made under this section to be
made only by a qualified alternative education loan lender and prohibits it
from being in an amount in excess of the difference between the cost of
attendance and the amount of other student assistance to the student, other
than loans under Section 428B(a)(1), Higher Education Act of 1965 (20
U.S.C. Section 1078-2) (relating to parent loans), for which the student
borrower may be eligible.  Provides that an alternative education loan
covered by this subsection is subject to Chapter 342 (Consumer Loans),
Finance Code, as applicable, except under certain conditions.  

(j) Provides that an authority or nonprofit corporation making education
loans under this section is exempt from the licensing requirements of
Chapter 342, Finance Code. 

(k) Provides that Subsection (a)(6) expires September 1, 2003.  Provides
that on or after September 1, 2003, in this section, the term "qualified
nonprofit corporation" means any nonprofit corporation authorized by a city
to exercise the powers of an authority under this section. 

SECTION 2.  Effective date: upon passage or September 1, 2001.