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79R5804 CAS-F
By: Zedler H.B. No. 3005
A BILL TO BE ENTITLED
AN ACT
relating to providing incentives to recruit and retain professional
nursing program faculty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 54, Education Code, is
amended by adding Sections 54.221 and 54.222 to read as follows:
Sec. 54.221. CHILDREN OF PROFESSIONAL NURSING PROGRAM
FACULTY. (a) In this section:
(1) "Child" means a child of any age, including an
adult child. The term includes an adopted child.
(2) "Graduate professional nursing program" means an
educational program of a public or private institution of higher
education that prepares students for a master's or doctoral degree
in nursing.
(3) "Undergraduate professional nursing program"
means a public or private educational program for preparing
students for initial licensure as registered nurses.
(b) The governing board of an institution of higher
education shall exempt from the payment of tuition a resident of
this state enrolled as an undergraduate student at the institution
who is a child of a person who, at the beginning of the semester or
other academic term for which an exemption is sought, holds a
master's or doctoral degree in nursing, if not employed or under
contract as a teaching assistant under Subdivision (1) or (2), or a
baccalaureate degree in nursing, if employed or under contract as a
teaching assistant under Subdivision (1) or (2), and:
(1) is employed by an undergraduate or graduate
professional nursing program in this state as a full-time member of
its faculty or staff with duties that include teaching, serving as a
teaching assistant, performing research, serving as an
administrator, or performing other professional services; or
(2) has contracted with an undergraduate or graduate
professional nursing program in this state to serve as a full-time
member of its faculty or staff to perform duties described by
Subdivision (1) during all or part of the semester or other academic
term for which an exemption is sought or, if the child is enrolled
for a summer session, during all or part of that session or for the
next academic year.
(c) A child who would qualify for an exemption under this
section but for the fact that the child's parent is not employed
full-time is eligible for an exemption on a pro rata basis equal to
the percentage of full-time employment the parent is employed,
except that a parent employed for less than 25 percent of full-time
employment is considered to be employed for 25 percent of full-time
employment.
(d) A person is not eligible for an exemption under this
section if the person:
(1) has previously received an exemption under this
section for 10 semesters or summer sessions at any institution or
institutions of higher education; or
(2) has received a baccalaureate degree.
(e) For purposes of Subsection (d), a summer session that is
less than nine weeks in duration is considered one-half of a summer
session.
(f) A person attending an institution of higher education
who becomes eligible to receive an exemption from tuition under
this section is eligible for a refund of the amount of money that
the person paid to any institution of higher education for tuition
as a resident student in the three-year period preceding the
beginning of the first semester or other academic term for which the
person receives the exemption.
(g) To receive a refund under Subsection (f), the person
must apply to the institution from which the refund is sought before
the first anniversary of the date the person becomes eligible for
the refund. The institution shall pay the refund from any available
funds of the institution.
(h) The Texas Higher Education Coordinating Board shall
adopt:
(1) rules governing the granting or denial of an
exemption under this section, including rules relating to the
determination of eligibility for an exemption or for a refund of
previously paid tuition; and
(2) a uniform application form for an exemption under
this section.
Sec. 54.222. PRECEPTORS FOR PROFESSIONAL NURSING EDUCATION
PROGRAMS. (a) In this section, "child" and "undergraduate
professional nursing program" have the meanings assigned by Section
54.221.
(b) The governing board of an institution of higher
education shall exempt from the payment of $500 of the total amount
of tuition a resident of this state enrolled as a student at the
institution who:
(1) is a registered nurse; and
(2) is serving under a written preceptor agreement
with an undergraduate professional nursing program as a clinical
preceptor for students enrolled in the program for the semester or
other academic term for which the exemption is sought.
(c) The governing board of an institution of higher
education shall exempt from the payment of $500 of the total amount
of tuition a resident of this state enrolled as an undergraduate
student at the institution who is a child of a person who meets the
requirements of Subsections (b)(1) and (2).
(d) Notwithstanding Subsections (b) and (c), if a person
eligible for an exemption under this section owes less than $500 in
tuition, the governing board of the institution of higher education
in which the person is enrolled shall exempt the person from the
payment of only the amount of tuition the person owes.
(e) A person is not eligible for an exemption under
Subsection (c) if the person:
(1) has previously received an exemption under this
section for 10 semesters or summer sessions at any institution or
institutions of higher education; or
(2) has received a baccalaureate degree.
(f) For purposes of Subsection (e), a summer session that is
less than nine weeks in duration is considered one-half of a summer
session.
(g) The Texas Higher Education Coordinating Board shall
adopt:
(1) rules governing the granting or denial of an
exemption under this section, including rules relating to the
determination of eligibility for an exemption; and
(2) a uniform application form for an exemption under
this section.
SECTION 2. Section 61.9623(a), Education Code, is amended
to read as follows:
(a) A grant from the professional nursing shortage
reduction program to a professional nursing program or other entity
involved with a professional nursing program in the preparation of
students for initial licensure as registered nurses must be:
(1) expended exclusively on costs related to:
(A) enrolling additional students;
(B) nursing faculty enhancement in accordance
with Section 61.96231 [assuring the retention of an adequate number
of qualified faculty, including providing faculty salaries]; or
(C) encouraging innovation in the recruitment
and retention of students, including the recruitment and retention
of Spanish-speaking and bilingual students;
(2) contingent on the professional nursing program's
having been approved as a professional nursing program by the board
or the Board of Nurse Examiners, as appropriate, by September 1,
2001;
(3) contingent on the professional nursing program's
not being on probation with the Board of Nurse Examiners or other
accrediting body; and
(4) if granted to increase enrollments, contingent on
the professional nursing program's ability to enroll additional
students, including having the necessary classroom space and
clinical slots.
SECTION 3. Subchapter Z, Chapter 61, Education Code, is
amended by adding Section 61.96231 to read as follows:
Sec. 61.96231. NURSING FACULTY ENHANCEMENT GRANTS. (a)
Under the professional nursing shortage reduction program, the
board may award nursing faculty enhancement grants to professional
nursing programs to assist the programs in the education,
recruitment, and retention of a sufficient number of faculty
members to enable the programs to enroll a sufficient number of
students to meet the state's need for registered nurses.
(b) A grant awarded under this section may be used only for
the purposes specified by Subsection (a), including providing
salary supplements and enhancements and reducing the number of
hours a faculty member must teach.
(c) In awarding a grant under this section, the board may
require matching funds from a professional nursing program or may
give preference in awarding a grant to a program providing matching
funds.
(d) The board may appoint an advisory committee to advise
the board on successful strategies, in addition to the grants
awarded under this section, for educating, recruiting, and
retaining qualified professional nursing program faculty members
who hold master's or doctoral degrees.
SECTION 4. Sec. 824.602(a), Government Code, is amended to
read as follows:
(a) Subject to Section 825.506, the retirement system may
not, under Section 824.601, withhold a monthly benefit payment if
the retiree is employed in a Texas public educational institution:
(1) as a substitute only with pay not more than the
daily rate of substitute pay established by the employer and, if the
retiree is a disability retiree, the employment has not exceeded a
total of 90 days in the school year;
(2) in a position, other than as a substitute, on no
more than a one-half time basis for the month;
(3) in one or more positions on as much as a full-time
basis, if the work occurs in not more than six months of a school
year that begins after the retiree's effective date of retirement;
(4) in a position, other than as a substitute, on no
more than a one-half time basis for no more than 90 days in the
school year, if the retiree is a disability retiree;
(5) in a position as a classroom teacher on as much as
a full-time basis, if the retiree has retired under Section
824.202(a), is certified under Subchapter B, Chapter 21, Education
Code, to teach the subjects assigned, is teaching in an acute
shortage area as determined by the board of trustees of a school
district as provided by Subsection (m), and has been separated from
service with all public schools for at least 12 months;
(6) in a position as a principal, including as an
assistant principal, on as much as a full-time basis, if the retiree
has retired under Section 824.202(a) without reduction for
retirement at an early age, is certified under Subchapter B,
Chapter 21, Education Code, to serve as a principal, and has been
separated from service with all public schools for at least 12
months; [or]
(7) as a bus driver for a school district on as much as
a full-time basis, if the retiree has retired under Section
824.202(a); or
(8) as a faculty member, during the period beginning
with the 2005 fall semester and ending on the last day of the 2015
spring semester, in an undergraduate professional nursing program
or graduate professional nursing program, as defined by Section
54.221, Education Code.
SECTION 5. Subchapter B, Chapter 1372, Government Code, is
amended by adding Section 1372.0223 to read as follows:
Sec. 1372.0223. DEDICATION OF PORTION OF STATE CEILING FOR
PROFESSIONAL NURSING PROGRAM FACULTY MEMBER HOME LOAN PROGRAM.
Until August 1, out of that portion of the state ceiling that is
available exclusively for reservations by issuers of qualified
mortgage bonds under Section 1372.022, $5 million shall be allotted
each year and made available exclusively to the Texas State
Affordable Housing Corporation for the purpose of issuing qualified
mortgage bonds in connection with the professional nursing program
faculty member home loan program established under Section
2306.5622.
SECTION 6. (a) This section takes effect only if the Act of
the 79th Legislature, Regular Session, 2005, relating to the
nonsubstantive additions to and corrections in enacted codes (the
general code update bill) is enacted and becomes law.
(b) Section 2306.553(a), Government Code, is amended to
read as follows:
(a) The public purpose of the corporation is to perform
activities and services that the corporation's board of directors
determines will promote the public health, safety, and welfare
through the provision of adequate, safe, and sanitary housing
primarily for individuals and families of low, very low, and
extremely low income, for professional educators under the
professional educators home loan program as provided by Section
2306.562, [and] for fire fighters and police officers under the
fire fighter and police officer home loan program as provided by
Section 2306.5621, and for professional nursing program faculty
members under the professional nursing program faculty member home
loan program as provided by Section 2306.5622 [2306.563]. The
activities and services shall include engaging in mortgage banking
activities and lending transactions and acquiring, holding,
selling, or leasing real or personal property.
SECTION 7. (a) This section takes effect only if the Act of
the 79th Legislature, Regular Session, 2005, relating to
nonsubstantive additions to and corrections in enacted codes (the
general code update bill) does not become law.
(b) Section 2306.553(a), Government Code, is amended to
read as follows:
(a) The public purpose of the corporation is to perform
activities and services that the corporation's board of directors
determines will promote the public health, safety, and welfare
through the provision of adequate, safe, and sanitary housing
primarily for individuals and families of low, very low, and
extremely low income, for professional educators under the
professional educators home loan program as provided by Section
2306.562, [and] for fire fighters and police officers under the
fire fighter and police officer home loan program as provided by
Section 2306.563, and for professional nursing program faculty
members under the professional nursing program faculty member home
loan program as provided by Section 2306.5622. The activities and
services shall include engaging in mortgage banking activities and
lending transactions and acquiring, holding, selling, or leasing
real or personal property.
SECTION 8. Section 2306.553(b), Government Code, is amended
to read as follows:
(b) The corporation's primary public purpose is to
facilitate the provision of housing by issuing qualified 501(c)(3)
bonds and qualified residential rental project bonds and by making
affordable loans to individuals and families of low, very low, and
extremely low income, to professional educators under the
professional educators home loan program, [and] to fire fighters
and police officers under the fire fighter and police officer home
loan program, and to professional nursing program faculty members
under the professional nursing program faculty member home loan
program. The corporation may make first lien, single family
purchase money mortgage loans for single family homes only to
individuals and families of low, very low, and extremely low income
if the individual's or family's household income is not more than
the greater of 60 percent of the median income for the state, as
defined by the United States Department of Housing and Urban
Development, or 60 percent of the area median family income,
adjusted for family size, as defined by that department. The
corporation may make loans for multifamily developments if:
(1) at least 40 percent of the units in a multifamily
development are affordable to individuals and families with incomes
at or below 60 percent of the median family income, adjusted for
family size; or
(2) at least 20 percent of the units in a multifamily
development are affordable to individuals and families with incomes
at or below 50 percent of the median family income, adjusted for
family size.
SECTION 9. Subchapter Y, Chapter 2306, Government Code, is
amended by adding Section 2306.5622 to read as follows:
Sec. 2306.5622. PROFESSIONAL NURSING PROGRAM FACULTY
MEMBER HOME LOAN PROGRAM. (a) In this section:
(1) "Graduate professional nursing program" and
"undergraduate professional nursing program" have the meanings
assigned by Section 54.221, Education Code.
(2) "Home" means a dwelling in this state in which a
professional nursing program faculty member intends to reside as
the faculty member's principal residence.
(3) "Mortgage lender" has the meaning assigned by
Section 2306.004.
(4) "Professional nursing program faculty member"
means a full-time member of the faculty of either an undergraduate
or graduate professional nursing program.
(5) "Program" means the professional nursing program
faculty member home loan program.
(b) The corporation shall establish a program to provide
eligible professional nursing program faculty members with
low-interest home mortgage loans.
(c) To be eligible for a loan under this section, at the time
a person files an application for the loan, the person must:
(1) be a faculty member of an undergraduate or
graduate professional nursing program;
(2) reside in this state; and
(3) have an income of not more than 115 percent of area
median family income, adjusted for family size.
(d) The corporation may contract with other agencies of the
state or with private entities to determine whether applicants
qualify as professional nursing program faculty members under this
section or otherwise to administer all or part of this section.
(e) The board of directors of the corporation may set and
collect from each applicant any fees the board considers reasonable
and necessary to cover the expenses of administering the program.
(f) The board of directors of the corporation shall adopt
rules governing:
(1) the administration of the program;
(2) the making of loans under the program;
(3) the criteria for approving mortgage lenders;
(4) the use of insurance on the loans and the homes
financed under the program, as considered appropriate by the board
to provide additional security for the loans;
(5) the verification of occupancy of the home by the
professional nursing program faculty member as the professional
nursing program faculty member's principal residence; and
(6) the terms of any contract made with any mortgage
lender for processing, originating, servicing, or administering
the loans.
(g) The corporation shall ensure that a loan under this
section is structured in a way that complies with any requirements
associated with the source of the funds used for the loan.
(h) In addition to funds set aside for the program under
Section 1372.0223, the corporation may solicit and accept funding
for the program from the following sources:
(1) gifts and grants for the purposes of this section;
(2) available money in the housing trust fund
established under Section 2306.201, to the extent available to the
corporation;
(3) federal block grants that may be used for the
purposes of this section, to the extent available to the
corporation;
(4) other state or federal programs that provide money
that may be used for the purposes of this section; and
(5) amounts received by the corporation in repayment
of loans made under this section.
(i) This section expires September 1, 2016.
SECTION 10. (a) Except as provided by Subsection (b) of
this section, Sections 54.221 and 54.222, Education Code, as added
by this Act, take effect beginning with the 2006 fall semester.
(b) Not later than January 1, 2006, the Texas Higher
Education Coordinating Board shall adopt rules and forms relating
to tuition exemptions under Sections 54.221 and 54.222, Education
Code, as added by this Act.
SECTION 11. The change in law made by this Act to Section
61.9623(a), Education Code, applies only to expenditure of grant
money under that section after this Act takes effect. Expenditure
of grant money under that section before this Act takes effect is
governed by the law in effect at the time grant money was spent, and
that law is continued in effect for that purpose.
SECTION 12. The change in law made by this Act to Section
824.602, Government Code, applies beginning with the 2005 fall
semester.
SECTION 13. The Texas State Affordable Housing Corporation
shall:
(1) aggressively pursue funding for the professional
nursing school faculty member home loan program required by Section
2306.5622, Government Code, as added by this Act; and
(2) implement the professional nursing school faculty
member home loan program required by that section not later than
September 1, 2005, or as soon thereafter as practicable.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.