80R8271 CAS-F

By: Pena H.B. No. 3061

A BILL TO BE ENTITLED

AN ACT

relating to the creation and administration of the professional nurse graduate education scholarship program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 61, Education Code, is amended by adding Subchapter FF to read as follows: SUBCHAPTER FF. PROFESSIONAL NURSE GRADUATE EDUCATION SCHOLARSHIP PROGRAM

Sec. 61.9831. DEFINITIONS. In this subchapter:

(1) "Graduate professional nursing program" means an educational program:

(A) of a public or private institution of higher education in this state;

(B) that leads to a master's or doctoral degree in nursing; and

(C) that is approved by the board or the Board of Nurse Examiners.

(2) "Professional nursing" has the meaning assigned by Section 301.002, Occupations Code.

(3) "Undergraduate professional nursing program" means an educational program:

(A) of a public or private institution of higher education in this state;

(B) that prepares students for initial licensure as registered nurses; and

(C) that is approved by the board or the Board of Nurse Examiners.

Sec. 61.9832. SCHOLARSHIP PROGRAM; AMOUNT OF SCHOLARSHIP. (a) In accordance with this subchapter and board rules, the board shall establish and administer a program to award scholarships to students who:

(1) are enrolled in graduate professional nursing programs; and

(2) agree to be employed to teach in undergraduate or graduate professional nursing programs for a specified period.

(b) The amount of a scholarship under this subchapter for an academic year is equal to the lesser of:

(1) $20,000; or

(2) the total amount of tuition and mandatory fees that the institution that offers the graduate professional nursing program in which the scholarship recipient is enrolled charges the recipient for that academic year for semester credit hours for which the recipient may use the scholarship as provided by Subsection (c).

(c) A student may use a scholarship under this subchapter only to pay tuition and mandatory fees for a semester credit hour that is required for completion of the degree program in which the student is enrolled.

Sec. 61.9833. ELIGIBILITY. (a) To be eligible to receive a scholarship under this subchapter, a person must:

(1) be enrolled in a graduate professional nursing program; and

(2) enter into an agreement with the board as provided by Section 61.9834.

(b) If in any year the amount of money available for scholarships under this subchapter is insufficient to award a scholarship to each eligible applicant or if there are more eligible applicants than the number of scholarships authorized by this section, the board shall establish criteria to determine which eligible applicants will be granted scholarships as the board determines appropriate to further the purposes of this subchapter.

Sec. 61.9834. AGREEMENT REQUIREMENTS. (a) To qualify for a scholarship under this subchapter, a person must enter into a written agreement with the board as provided by this section. The agreement must:

(1) specify the conditions the person must satisfy to receive the scholarship award in any academic year the person is enrolled in the graduate professional nursing program;

(2) require the person to remain continuously enrolled in a graduate professional nursing program;

(3) require the person to earn a master's or doctoral degree through completion of a graduate professional nursing program;

(4) require the person to accept, not later than the first anniversary of the date the person earns a degree described by Subdivision (3), an offer of full-time employment to teach in an undergraduate or graduate professional nursing program;

(5) beginning on the date the person first becomes employed as described by Subdivision (4), require the person to complete five consecutive academic years of that full-time employment;

(6) provide that any scholarship award the person receives under this subchapter constitutes a loan until the person:

(A) subject to Section 61.9835, satisfies the requirements of Subdivision (5) and any other applicable conditions of the agreement; or

(B) is excused from the repayment obligation in accordance with law; and

(7) require the person to sign a promissory note acknowledging the conditional nature of the scholarship award received and promising to repay any unforgiven amount of that award plus applicable interest and reasonable collection costs if the person does not satisfy the applicable conditions and is not excused from the repayment obligation in accordance with law.

(b) The board shall determine the terms of the promissory note required by Subsection (a)(7). To the extent practicable, the terms must be the same as those applicable to state or federally guaranteed student loans made at the same time.

Sec. 61.9835. EXCEPTIONS TO SCHOLARSHIP OBLIGATIONS. (a) A person is not considered to be in violation of the continuous enrollment obligations in the agreement described by Section 61.9834 if the person is unable to remain continuously enrolled in the person's degree program, remain continuously employed as required by Section 61.9834(a)(5), or to satisfy any other condition specified by the board solely because of a hardship or other good cause, as determined by the board, including for a reason specified by Subsection (b)(2) or (3).

(b) A person is not considered to be in violation of the employment obligation in the agreement described by Section 61.9834 during any period in which the person:

(1) is pursuing a full-time course of study:

(A) related to the field of professional nursing;

(B) offered by a public or private institution of higher education in this state; and

(C) approved by the appropriate licensing or higher education authority;

(2) is serving on active duty as a member of the armed forces of the United States, including as a member of a reserve force or National Guard called to active duty;

(3) is temporarily totally disabled for a period not to exceed 36 months as established by the affidavit of a qualified physician;

(4) is unable to secure employment for a period not to exceed 12 months because of care required by a disabled spouse or child;

(5) is seeking and unable to find, for a single period not to exceed 12 months, full-time employment in the applicable field; or

(6) satisfies the provisions of any other employment exception adopted by the board.

(c) A person is excused from the repayment obligation in a promissory note described by Section 61.9834 if:

(1) the person becomes permanently totally disabled as established by the affidavit of a qualified physician; or

(2) the board waives repayment in the case of extreme hardship to the person.

Sec. 61.9836. FORGIVENESS OF REPAYMENT OBLIGATION. The board shall forgive 20 percent of the total amount required to be repaid according to the promissory note under Section 61.9834(7) for each complete academic year the person teaches in an undergraduate or graduate professional nursing program in accordance with the agreement under Section 61.9834 after earning a degree as required by Subsection (a)(3) of that section.

Sec. 61.9837. GRANTS, GIFTS, AND DONATIONS. In addition to money appropriated by the legislature, the board may solicit and accept grants, gifts, and donations from any public or private source for the purposes of this subchapter.

Sec. 61.9838. RULES. (a) The board shall adopt rules to administer this subchapter, including rules:

(1) providing for the manner in which a student may apply for a scholarship; and

(2) providing for notification of the scholarship program under this subchapter to students enrolled in an undergraduate or graduate professional nursing program.

(b) The board shall distribute a copy of the rules adopted under this section to each undergraduate or graduate professional nursing program.

Sec. 61.9839. REPORT. As part of the biennial report required by Section 61.051(a-3), the board shall include information for the preceding biennium concerning:

(1) the number of scholarships awarded under this subchapter;

(2) the amount and sources of funds used to award the scholarships; and

(3) any other program information that the board determines would be helpful to the legislature.

SECTION 2. Not later than December 31, 2007, the Texas Higher Education Coordinating Board shall adopt rules for the professional nurse graduate education scholarship program under Subchapter FF, Chapter 61, Education Code, as added by this Act.

SECTION 3. 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, 2007.