80R1328 CAS-D

By: Nelson S.B. No. 202

A BILL TO BE ENTITLED

AN ACT

relating to incentives to recruit and retain allied health education 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 54.223 and 54.224 to read as follows:

Sec. 54.223. CHILDREN OF ALLIED HEALTH PROGRAM FACULTY. (a) In this section:

(1) "Allied health profession" means the profession practiced by an allied health professional, as defined by 42 U.S.C. Section 295p, except the term does not include acupuncture.

(2) "Child" means a child 25 years of age or younger and includes an adopted child.

(3) "Graduate allied health program" means a master's or doctoral degree program in an allied health profession that is accredited by an accrediting entity recognized by the United States Department of Education.

(4) "Undergraduate allied health program" means an undergraduate degree or certificate program that:

(A) prepares students for initial licensure, certification, or registration in an allied health profession; and

(B) is accredited by an accrediting entity recognized by the United States Department of Education.

(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 the exemption is sought, holds a master's or doctoral degree in an allied health profession, if not employed or under contract as a teaching assistant under Subdivision (1) or (2), or a baccalaureate degree in an allied health profession, if employed or under contract as a teaching assistant under Subdivision (1) or (2), and:

(1) is employed by the institution as a full-time member of the faculty or staff of an undergraduate or graduate allied health program 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 the institution to serve as a full-time member of the faculty or staff of an undergraduate or graduate allied health program 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) The tuition exemption provided by this section applies only to enrollment of a child at the institution at which the child's parent is employed or is under contract.

(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.

Sec. 54.224. PRECEPTORS FOR ALLIED HEALTH PROGRAMS. (a) In this section, "allied health profession," "child," and "undergraduate allied health program" have the meanings assigned by Section 54.223.

(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) holds a license, certificate, or registration in an allied health profession; and

(2) is serving under a written preceptor agreement with an undergraduate allied health 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. Chapter 61, Education Code, is amended by adding Subchapter EE to read as follows: SUBCHAPTER EE. ALLIED HEALTH FACULTY ENHANCEMENT GRANTS

Sec. 61.9751. DEFINITIONS. In this subchapter:

(1) "Allied health profession" has the meaning assigned by Section 54.223.

(2) "Allied health program" means a degree or certificate program of a public or private institution of higher education in this state that:

(A) prepares students for initial licensure, certification, or registration in an allied health profession; and

(B) is accredited by an accrediting entity recognized by the United States Department of Education.

Sec. 61.9752. ALLIED HEALTH FACULTY ENHANCEMENT GRANTS. The board may award allied health faculty enhancement grants to allied health programs to assist the programs in the education, recruitment, or retention of faculty members to enable the programs to train students to meet the state's need for health care providers in the allied health professions generally or in specific allied health professions as the board determines appropriate.

Sec. 61.9753. USE OF GRANT. A grant awarded under this subchapter may be used only for a purpose specified by Section 61.9752, including providing salary supplements and enhancements and reducing the number of hours a faculty member must teach.

Sec. 61.9754. MATCHING FUNDS FOR GRANT. In awarding a grant under this subchapter, the board may require the receiving institution to provide matching funds or may give preference in awarding a grant to an institution that provides matching funds.

Sec. 61.9755. ADVISORY COMMITTEE. The board may appoint an advisory committee to advise the board on successful strategies, in addition to the grants awarded under this subchapter, for educating, recruiting, or retaining qualified allied health program faculty members who hold master's or doctoral degrees.

SECTION 3. Subchapter B, Chapter 1372, Government Code, is amended by adding Section 1372.0224 to read as follows:

Sec. 1372.0224. DEDICATION OF PORTION OF STATE CEILING FOR ALLIED HEALTH 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 allied health program faculty member home loan program established under Section 2306.5623.

SECTION 4. Sections 2306.553(a) and (b), Government Code, are 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 and[,] for persons who are eligible for loans [professional educators] under the [professional educators] home loan programs [program as] provided by Sections [Section] 2306.562, [for fire fighters, corrections officers, county jailers, public security officers, and peace officers under the fire fighter, law enforcement officer, and security 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, and 2306.5623. The activities and services shall include engaging in mortgage banking activities and lending transactions and acquiring, holding, selling, or leasing real or personal property.

(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 and[,] to persons who are eligible for loans under the home loan programs provided by Sections 2306.562, 2306.5621, 2306.5622, and 2306.5623 [professional educators under the professional educators home loan program, to fire fighters, corrections officers, county jailers, public security officers, and peace officers under the fire fighter, law enforcement officer, and security 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 5. Subchapter Y, Chapter 2306, Government Code, is amended by adding Section 2306.5623 to read as follows:

Sec. 2306.5623. ALLIED HEALTH PROGRAM FACULTY MEMBER HOME LOAN PROGRAM. (a) In this section:

(1) "Graduate allied health program" and "undergraduate allied health program" have the meanings assigned by Section 54.223, Education Code.

(2) "Home" means a dwelling in this state in which an allied health 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) "Allied health program faculty member" means a full-time member of the faculty of an undergraduate or graduate allied health program of a public or private institution of higher education in this state.

(5) "Program" means the allied health program faculty member home loan program.

(b) The corporation shall establish a program to provide eligible allied health 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 an allied health program faculty member;

(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 allied health 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 allied health program faculty member as the allied health 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 1372.0224, 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, 2018.

SECTION 6. (a) Except as provided by Subsection (b) of this section, Sections 54.223 and 54.224, Education Code, as added by this Act, take effect beginning with the 2008 fall semester.

(b) Not later than January 1, 2008, the Texas Higher Education Coordinating Board shall adopt rules and forms relating to tuition exemptions under Sections 54.223 and 54.224, Education Code, as added by this Act.

SECTION 7. The Texas State Affordable Housing Corporation shall:

(1) aggressively pursue funding for the allied health program faculty member home loan program required by Section 2306.5623, Government Code, as added by this Act; and

(2) implement the allied health program faculty member home loan program required by that section not later than September 1, 2007, or as soon thereafter as practicable.

SECTION 8. 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.