80R6892 KEL-F
 
  By: Williams S.B. No. 1640
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the student loan program administered by the Texas
Higher Education Coordinating Board; authorizing the issuance of
bonds.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 52.01, Education Code, is amended to
read as follows:
       Sec. 52.01.  ADMINISTRATION.  The Texas Higher Education
Coordinating Board, or its successors, shall administer the student
loan program authorized by this chapter pursuant to [Article III,]
Sections [50b, 50b-1, 50b-2, 50b-3,] 50b-4, [and] 50b-5, and 50b-6,
Article III, [of the] Texas Constitution, and any former provision
of the Texas Constitution authorizing bonds to finance educational
loans to students. Personnel and other expenses required to
properly administer this chapter shall be funded by:
             (1)  the general appropriations acts; or
             (2)  any other source of revenue received by the board
in connection with the operation of the student loan program.
       SECTION 2.  Section 52.501(4), Education Code, is amended to
read as follows:
             (4)  "Bond" means a general obligation bond issued by
the board under [Article III,] Section [50b, 50b-1, 50b-2, 50b-3,]
50b-4, [or] 50b-5, or 50b-6, Article III, [of the] Texas
Constitution, or any former provision of the Texas Constitution
authorizing bonds to finance educational loans to students.
       SECTION 3.  Section 52.81(2), Education Code, is amended to
read as follows:
             (2)  "Bond" means a general obligation bond issued by
the board under former [Article III,] Section 50b-3[,] or Sections
50b-4, [or] 50b-5, or 50b-6, Article III, [of the] Texas
Constitution.
       SECTION 4.  Section 52.82(a), Education Code, is amended to
read as follows:
       (a)  The board may by resolution authorize the issuance of
general obligation bonds in total aggregate amounts not to exceed:
             (1)  $300 million under former Section 50b-3, Article
III, Texas Constitution;
             (2)  $300 million under Section 50b-4, Article III,
Texas Constitution; [and]
             (3)  $400 million under Section 50b-5, Article III,
Texas Constitution; and
             (4)  $500 million under Section 50b-6, Article III,
Texas Constitution.
       SECTION 5.  Section 52.87, Education Code, is amended to
read as follows:
       Sec. 52.87.  MANDAMUS.  The performance of official duties
prescribed by this subchapter and by former Section [Article III,
Sections] 50b-3[,] and Sections 50b-4, [and] 50b-5, and 50b-6,
Article III, [of the] Texas Constitution, in reference to the
payment of the bonds, may be enforced in a court of competent
jurisdiction by mandamus or other appropriate proceedings.
       SECTION 6.  This Act takes effect on the date on which the
constitutional amendment proposed by the 80th Legislature, Regular
Session, 2007, providing for the issuance of $500 million in
general obligation bonds to finance educational loans to students
and authorizing bond enhancement agreements with respect to such
bonds takes effect. If that amendment is not approved by the
voters, this Act has no effect.