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