By Delisi                                             H.B. No. 2766
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to repayment of certain law school education 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 U. to read as follows:
 1-6               SUBCHAPTER U.  REPAYMENT OF CERTAIN LAW SCHOOL
 1-7                               EDUCATION LOANS
 1-8           Sec. 61.1001.  DEFINITIONS. In this subchapter:
 1-9                 (1)  "Accredited law school" means any institution of
1-10     higher education that confers a juris doctor degree, a master of
1-11     law degree, or a doctor of juridical science degree and is fully
1-12     accredited by the American Bar Association.
1-13                 (2)  "Board" means the Texas Higher Education
1-14     Coordinating Board, as defined in Section 61.002, Education Code.
1-15                 (3)  "Default" means a loan on which payment has not
1-16     been made, resulting in the loan being foreclosed and reduced to
1-17     judgment.
1-18                 (4)  "Eligible lender or holder" means a lender who
1-19     makes education loans to individuals for the purpose of attending
1-20     an institution of higher education.  The term includes a bank,
1-21     savings and loan association, credit union, institution of higher
1-22     education, secondary market, governmental agency, pension fund,
1-23     private foundation, or insurance company.  A private individual is
 2-1     not an eligible lender or holder.
 2-2                 (5)  "Licensed lawyer" means a lawyer who is fully
 2-3     licensed by the Supreme Court of Texas, is on active status with
 2-4     the State Bar of Texas, and is in good standing with both the State
 2-5     of Bar of Texas and the Supreme Court of Texas.
 2-6           Sec. 61.1002.  REPAYMENT AUTHORIZED.  The board may provide,
 2-7     using funds appropriated for that purpose and in accordance with
 2-8     this subchapter and rules of the board, assistance in the repayment
 2-9     of student loans for licensed lawyers who apply and qualify for the
2-10     assistance.
2-11           Sec. 61.1003.  ELIGIBILITY FOR ASSISTANCE. To be eligible to
2-12     receive repayment assistance, a licensed lawyer must:
2-13                 (1)  apply to the board;
2-14                 (2)  be currently employed by the State of Texas as a
2-15     lawyer; and
2-16                 (3)  have completed at least one year of employment
2-17     with the State of Texas as a lawyer.
2-18           Sec. 61.1004.  LIMITATION. A lawyer may receive payment
2-19     assistance grants for each of not more than five years.
2-20           Sec. 61.1005.  ELIGIBLE LOANS. (a)  The board may provide
2-21     repayment assistance for the repayment of any student loan received
2-22     by a lawyer through any eligible lender or holder for:
2-23                 (1)  undergraduate education at a public or private
2-24     institution of higher education accredited by a recognized
2-25     accrediting agency, as defined by Section 61.003, Education Code;
2-26     and
 3-1                 (2)  law school education at a public or private
 3-2     institution of higher education accredited by the American Bar
 3-3     Association.
 3-4           (b)  The board may withhold repayment assistance for a
 3-5     student loan that is in default at the time of the lawyer's
 3-6     application.
 3-7           (c)  Each fiscal biennium, the board shall attempt to
 3-8     allocate all funds appropriated to it for the purposes of providing
 3-9     repayment assistance under this subchapter.
3-10           Sec. 61.1006.  REPAYMENT. (a)  The board shall deliver any
3-11     repayment made under this subchapter in payments payable to the
3-12     eligible lender or holder and to the lawyer, in accordance with any
3-13     applicable federal law.
3-14           (b)  A repayment made under this subchapter may be applied to
3-15     any amount of principal and interest due in connection with the
3-16     loan.
3-17           Sec. 61.1007.  ADVISORY COMMITTEES. The board may:
3-18                 (1)  appoint advisory committees from outside the
3-19     board's membership to assist the board in performing its duties
3-20     under this subchapter; and
3-21                 (2)  request the assistance of the State Bar of Texas
3-22     and the Office of the Attorney General in performing those duties.
3-23           Sec. 61.1008.  ACCEPTANCE OF FUNDS. The board may accept
3-24     gifts, grants, and donations for the purposes of this subchapter.
3-25           Sec. 61.1009.  RULES. (a)  The board shall adopt rules
3-26     necessary for the administration of this subchapter, including a
 4-1     rule that sets a maximum amount of repayment assistance that may be
 4-2     received by a lawyer in one year.  The board may consult with the
 4-3     State Bar of Texas and the Office of the Attorney General to assist
 4-4     the board in preparing such rules.
 4-5           (b) (1)  The board shall distribute to each accredited law
 4-6     school in the state and to appropriate state agencies and
 4-7     professional associations copies of the rules adopted under this
 4-8     section and other pertinent information relating to this
 4-9     subchapter.
4-10                 (2)  The board may distribute to any law school
4-11     accredited by the American Bar Association located outside the
4-12     state copies of the rules adopted under this section and other
4-13     pertinent information relating to this subchapter.
4-14           Sec. 61.1010.  TOTAL AMOUNT OF REPAYMENT ASSISTANCE. (a)  The
4-15     total amount of repayment assistance distributed by the board under
4-16     this subchapter may not exceed the total amount of gifts and grants
4-17     accepted by the board for repayment assistance, legislative
4-18     appropriations for repayment assistance, and other funds available
4-19     to the board for purposes of this subchapter.
4-20           (b)  The total amount of gifts and grants accepted by the
4-21     board for repayment assistance, legislative appropriations for
4-22     repayment assistance, and all other funds available to the board
4-23     for purposes of this subchapter shall be maintained by the
4-24     comptroller of public accounts in a separate account in the state
4-25     treasury for the sole purpose of repayment of student loans of
4-26     lawyers under this subchapter.  Section 403.095(b), Government
 5-1     Code, does not apply to the amount set aside by this section.
 5-2           SECTION 2. Section 191.145, Tax Code, is amended to read as
 5-3     follows:
 5-4           Sec. 191.145.  DISTRIBUTION OF TAX. The supreme court shall
 5-5     forward tax received under this subchapter to the state for
 5-6     deposit:
 5-7                 (1)  twenty-five percent of the taxes shall be
 5-8     deposited to the credit of the foundation school fund; [and]
 5-9                 (2)  sixty-five [seventy-five] percent of the taxes
5-10     shall be deposited to the credit of the general revenue fund; and
5-11                 (3)  ten percent of the taxes shall be deposited to the
5-12     credit of the account established by Section 61.1010(b), Education
5-13     Code.
5-14           SECTION 3. In addition to all other monies appropriated to
5-15     the board by the Seventy-seventh Legislature, the legislature shall
5-16     appropriate money to the board in an amount sufficient to establish
5-17     a pilot program for student loan assistance repayment in the Office
5-18     of the Attorney General under Subchapter U. of Chapter 61,
5-19     Education Code.  This section is repealed effective September 1,
5-20     2003.
5-21           SECTION 4.  SEVERABILITY. If any provision of this Act or its
5-22     application to any person or circumstance is held invalid, the
5-23     invalidity does not affect other provisions or applications of this
5-24     Act that can be given effect without the invalid provision or
5-25     application, and to this end the provisions of this Act are
5-26     declared to be severable.
 6-1           SECTION 5.  EFFECTIVE DATE. This Act takes effect on
 6-2     August 27, 2001.