By Zaffirini                                            S.B. No. 40
         77R1825 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to tuition assistance for licensed vocational nursing
 1-3     students who agree to practice in long-term care facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.   Subchapter L, Chapter 61, Education Code, is
 1-6     amended by adding Section 61.659 to read as follows:
 1-7           Sec. 61.659.  TUITION ASSISTANCE FOR VOCATIONAL NURSING
 1-8     STUDENTS AGREEING TO PRACTICE IN LONG-TERM CARE FACILITIES. (a) In
 1-9     this section, "long-term care facility" means:
1-10                 (1)  an ICF-MR, as defined by  Section 531.002, Health
1-11     and Safety Code;
1-12                 (2)  a nursing facility;
1-13                 (3)  a residential facility licensed by the Department
1-14     of Protective and Regulatory Services; or
1-15                 (4)  another residential arrangement that provides care
1-16     to four or more children or adults who are unrelated to each other.
1-17           (b)  In addition to any other financial aid program
1-18     established under this subchapter, the board shall establish and
1-19     administer a tuition assistance program for vocational nursing
1-20     students attending any school or program in this state who agree,
1-21     following licensure as a licensed vocational nurse, to practice in
1-22     a long-term care facility in this state.
1-23           (c)  The board shall establish and administer the tuition
1-24     assistance program in a manner that the board determines best
 2-1     promotes the needs of clients of long-term care facilities in this
 2-2     state.  The board shall determine the amount of tuition assistance
 2-3     that a student may receive as the board considers appropriate in
 2-4     order to maximize the effectiveness of the program, considering the
 2-5     amount of money available for the program.
 2-6           (d)  The board shall adopt rules necessary for the
 2-7     administration of this section, including rules providing:
 2-8                 (1)  eligibility requirements;
 2-9                 (2)  the maximum amount of any tuition assistance
2-10     available;
2-11                 (3)  the amount of time a student agrees to practice in
2-12     a long-term care facility;
2-13                 (4)  circumstances under which the board may cancel a
2-14     student's long-term care facility work obligation;
2-15                 (5)  circumstances under which a student will be
2-16     required to repay the amount of the tuition assistance plus
2-17     applicable interest and reasonable collection costs because of the
2-18     student's failure to satisfy the conditions of the assistance; and
2-19                 (6)  a method for computing the amount of money
2-20     required to be repaid by a student who fails to satisfy the
2-21     conditions of the tuition assistance.
2-22           (e)  Once the student completes all courses required for
2-23     licensure, the student must begin fulfilling the long-term care
2-24     facility work obligation not later than a time specified by board
2-25     rule, unless the board grants the student, on a showing of good
2-26     cause, additional time to begin fulfilling the work obligation. The
2-27     student must complete the long-term care facility work obligation
 3-1     within a period determined by board rule, unless the board grants
 3-2     the student, on a showing of good cause, additional time to
 3-3     complete the work obligation.
 3-4           (f)  The board shall require a person who receives tuition
 3-5     assistance under this section to sign a promissory note
 3-6     acknowledging the conditional nature of the tuition assistance and
 3-7     promising to repay the amount of the tuition assistance plus
 3-8     applicable interest and reasonable collection costs if the person
 3-9     does not satisfy the applicable long-term care facility work
3-10     obligation within the required time or other conditions of the
3-11     assistance.  The board shall determine the terms of the promissory
3-12     note.
3-13           (g)  The board shall consult with the advisory committee
3-14     appointed under Section 61.657(b) concerning assistance provided
3-15     under this section to vocational nursing students. Section
3-16     61.657(c) also applies to this section.
3-17           (h)  The legislature may appropriate money for the purposes
3-18     of this section. The board may accept gifts, grants, and donations
3-19     from any public or private source for the purposes of this section.
3-20           SECTION 2.   (a) This Act takes effect immediately if it
3-21     receives a vote of two-thirds of all the members elected to each
3-22     house, as provided by Section 39, Article III, Texas Constitution.
3-23     If this Act does not receive the vote necessary for immediate
3-24     effect, this Act takes effect September 1, 2001.
3-25           (b)  The Texas Higher Education Coordinating Board shall
3-26     establish the tuition assistance program under Section 61.659,
3-27     Education Code, as added by this Act, as soon as the board
 4-1     determines practicable.