1-1 AN ACT 1-2 relating to repayment assistance for certain law school loans. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 61, Education Code, is amended by adding 1-5 Subchapter X to read as follows: 1-6 SUBCHAPTER X. REPAYMENT OF CERTAIN LAW SCHOOL EDUCATION LOANS: 1-7 ATTORNEY OF NONPROFIT ORGANIZATION SERVING INDIGENT PERSONS 1-8 Sec. 61.951. REPAYMENT ASSISTANCE AUTHORIZED. (a) The board 1-9 shall provide, in accordance with this subchapter and board rules, 1-10 assistance in the repayment of law school education loans for 1-11 attorneys who apply and qualify for the assistance. 1-12 (b) The provision of financial assistance in the repayment 1-13 of education loans under this subchapter promotes a public purpose. 1-14 Sec. 61.952. ELIGIBILITY. To be eligible to receive 1-15 repayment assistance, an attorney must: 1-16 (1) apply to the board; 1-17 (2) be a full-time employee of the eligible 1-18 organization; and 1-19 (3) be currently practicing in this state as an 1-20 attorney employed by an organization that: 1-21 (A) qualifies for an exemption from federal 1-22 income taxes under Section 501(c)(3), Internal Revenue Code of 1-23 1986, as amended, that is prohibited from providing representation 1-24 in a class-action lawsuit; and 2-1 (B) receives funds for providing legal services 2-2 to indigent individuals from: 2-3 (i) the Interest on Lawyers' Trust 2-4 Accounts program administered by the Texas Equal Access to Justice 2-5 Foundation; or 2-6 (ii) the basic civil legal services 2-7 account under Section 51.943, Government Code. 2-8 Sec. 61.953. LIMITATIONS. (a) An attorney may receive 2-9 repayment assistance grants for each of not more than 10 years. 2-10 (b) The amount of loan repayment assistance received by an 2-11 attorney under this subchapter may not exceed 50 percent of the 2-12 total amount of the attorney's outstanding law school loans, 2-13 including scheduled interest payments that would become due if the 2-14 loan is not prepaid, when the attorney enters into the agreement. 2-15 Sec. 61.954. ELIGIBLE LOANS. (a) The board may provide 2-16 repayment assistance for the repayment of any education loan 2-17 received by the attorney through any lender for education at a 2-18 school of law authorized by the board to award a degree that 2-19 satisfies the law study requirements for licensure as an attorney 2-20 in this state. 2-21 (b) The board may not provide repayment assistance for an 2-22 education loan that is in default at the time of the attorney's 2-23 application. 2-24 Sec. 61.955. REPAYMENT. (a) The board shall deliver any 2-25 repayment assistance made under this subchapter in a lump sum 2-26 payable to the lender and the attorney and in accordance with any 2-27 applicable federal law. 3-1 (b) Loan repayment assistance received under this subchapter 3-2 may be applied to the principal amount of the loan and to interest 3-3 that accrues. 3-4 (c) Any repayment assistance shall be reasonably related to 3-5 the amount of time an attorney is employed by the eligible 3-6 organization. 3-7 Sec. 61.956. ADVISORY COMMITTEE. The board may appoint an 3-8 advisory committee to assist the board in performing the board's 3-9 duties under this subchapter. 3-10 Sec. 61.957. ACCEPTANCE OF GIFTS. The board may solicit and 3-11 accept gifts, grants, and donations for the purposes of this 3-12 subchapter. 3-13 Sec. 61.958. RULES. (a) The board shall adopt rules 3-14 necessary for the administration of this subchapter, including a 3-15 rule that sets a maximum amount of repayment assistance that an 3-16 attorney may receive in one year. 3-17 (b) The board shall distribute a copy of the rules adopted 3-18 under this section and pertinent information in this subchapter to: 3-19 (1) each school of law authorized by the board to 3-20 award a degree described by Section 61.954(a); 3-21 (2) any appropriate state agency; and 3-22 (3) any appropriate professional association. 3-23 SECTION 2. Chapter 61, Education Code, is amended by adding 3-24 Subchapter Y to read as follows: 3-25 SUBCHAPTER Y. REPAYMENT OF CERTAIN LAW SCHOOL EDUCATION LOANS: 3-26 ASSISTANT DISTRICT OR COUNTY ATTORNEY 3-27 Sec. 61.9601. DEFINITION. In this subchapter, "rural county" 4-1 means a county with a population of 50,000 or less. 4-2 Sec. 61.9602. REPAYMENT ASSISTANCE AUTHORIZED. (a) The 4-3 board shall provide, using funds appropriated for that purpose and 4-4 in accordance with this subchapter and board rules, assistance in 4-5 the repayment of law school education loans for attorneys who apply 4-6 and qualify for the assistance. 4-7 (b) The provision of financial assistance in the repayment 4-8 of education loans under this subchapter promotes a public purpose. 4-9 Sec. 61.9603. ELIGIBILITY. To be eligible to receive 4-10 repayment assistance, an attorney must: 4-11 (1) apply to the board; 4-12 (2) be currently employed as an attorney by a district 4-13 or county attorney's office that serves a rural county; and 4-14 (3) enter into an agreement to remain employed by the 4-15 district or county attorney's office as provided by Section 4-16 61.9605. 4-17 Sec. 61.9604. ELIGIBLE LOANS. (a) The board may provide 4-18 repayment assistance for the repayment of any education loan 4-19 received by the attorney through any lender for education at a 4-20 school of law authorized by the board to award a degree that 4-21 satisfies the law study requirements for licensure as an attorney 4-22 in this state. 4-23 (b) The board may not provide repayment assistance for an 4-24 education loan that is in default at the time of the attorney's 4-25 application. 4-26 Sec. 61.9605. AGREEMENT. (a) To qualify for loan repayment 4-27 assistance under this subchapter, a person must enter into a 5-1 written agreement with the board as provided by this section. The 5-2 agreement must specify the conditions the person must satisfy to 5-3 receive repayment assistance. 5-4 (b) The agreement must require the person to be employed for 5-5 a period of five years with a district or county attorney's office 5-6 that serves a rural county. Only employment with that district or 5-7 county attorney's office as an attorney after the date the person 5-8 enters into the agreement may be used to satisfy the employment 5-9 requirement under the agreement. 5-10 (c) The agreement must provide that the repayment assistance 5-11 the person receives before the person has been employed for five 5-12 years as required by the agreement constitutes a loan until the 5-13 person completes the five years of employment and satisfies any 5-14 other applicable conditions of the agreement. The agreement must 5-15 require the person to sign a promissory note acknowledging the 5-16 conditional nature of the repayment assistance received and 5-17 promising to repay the amount of that assistance received plus 5-18 applicable interest and reasonable collection costs if the person 5-19 does not satisfy the applicable conditions. The board shall 5-20 determine the terms of the promissory note. To the extent 5-21 practicable, the terms must be the same as those applicable to 5-22 state or federally guaranteed student loans made at the same time. 5-23 All amounts collected in repayment of a loan under this subsection, 5-24 including interest, but excluding collection costs paid by the 5-25 board to another person to collect or assist in collecting the 5-26 amount, shall be deposited to the credit of the trust fund 5-27 established by Section 61.9608. 6-1 Sec. 61.9606. REPAYMENT. (a) Except as provided by Section 6-2 61.9609(a), the board shall provide repayment assistance under this 6-3 subchapter in the following amounts: 6-4 (1) 60 percent of each payment due on an attorney's 6-5 eligible loans during the first 12-month period after the attorney 6-6 enters into the agreement under Section 61.9605; 6-7 (2) 80 percent of each payment due on an attorney's 6-8 eligible loans during the second 12-month period after the attorney 6-9 enters into the agreement; and 6-10 (3) 100 percent of each payment due on an attorney's 6-11 eligible loans during the third 12-month period after the attorney 6-12 enters into the agreement. 6-13 (b) The board shall deliver any repayment assistance made 6-14 under this subchapter in a lump sum payable to the lender and the 6-15 attorney and in accordance with any applicable federal law. 6-16 (c) Loan repayment assistance received under this subchapter 6-17 may be applied to the principal amount of the loan and to interest 6-18 that accrues. 6-19 Sec. 61.9607. ADVISORY COMMITTEE. The board may appoint an 6-20 advisory committee from outside the board's membership to assist 6-21 the board in performing the board's duties under this subchapter. 6-22 Sec. 61.9608. FUNDING. (a) The loan repayment assistance 6-23 program established by this subchapter is funded from the rural 6-24 district and county attorney student loan assistance trust fund. 6-25 The trust fund is established outside the treasury and is 6-26 administered by the comptroller. Money in the trust fund may be 6-27 spent without appropriation and only to fund the program. Interest 7-1 and income from the assets of the trust fund shall be credited to 7-2 and deposited in the trust fund. 7-3 (b) The board may solicit and accept gifts, grants, and 7-4 donations from any public or private source for the purposes of 7-5 this subchapter and shall deposit money accepted under this 7-6 subsection to the credit of the trust fund. 7-7 (c) The legislature may appropriate money to the trust fund. 7-8 Sec. 61.9609. RULES. (a) The board shall adopt rules 7-9 necessary for the administration of this subchapter, including a 7-10 rule that sets the maximum amount of loan repayment assistance that 7-11 an attorney may receive in one year. 7-12 (b) The board shall distribute a copy of the rules adopted 7-13 under this section and pertinent information in this subchapter to: 7-14 (1) each school of law authorized by the board to 7-15 award a degree described by Section 61.9604(a); and 7-16 (2) any appropriate district or county attorneys. 7-17 SECTION 3. The Texas Higher Education Coordinating Board 7-18 shall adopt the rules for the repayment assistance program under 7-19 Subchapter X, Chapter 61, Education Code, as added by this Act, not 7-20 later than December 1, 2001. 7-21 SECTION 4. This Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2323 was passed by the House on May 8, 2001, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2323 on May 25, 2001, by a non-record vote; and that the House adopted H.C.R. No. 323 authorizing certain corrections in H.B. No. 2323 on May 28, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2323 was passed by the Senate, with amendments, on May 22, 2001, by a viva-voce vote; and that the Senate adopted H.C.R. No. 323 authorizing certain corrections in H.B. No. 2323 on May 28, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor