81R3721 SJM-F
 
  By: Nelson S.B. No. 706
 
 
 
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 54.225 and 54.226 to read as follows:
         Sec. 54.225.  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:
               (1)  holds a master's or doctoral degree in an allied
  health profession, if employed or under contract to serve in a
  position other than as a teaching assistant under Subdivision (2),
  or holds a baccalaureate degree in an allied health profession, if
  employed or under contract to serve as a teaching assistant under
  Subdivision (2); and
               (2)  meets either of the following requirements:
                     (A)  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
                     (B)  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
  Paragraph (A) 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. 54.226.  PRECEPTORS FOR ALLIED HEALTH PROGRAMS. (a)  In
  this section, "allied health profession," "child," and
  "undergraduate allied health program" have the meanings assigned by
  Section 54.225.
         (b)  The governing board of an institution of higher
  education shall exempt a person from the payment of $500 of the
  total amount of tuition otherwise charged to a resident of this
  state if the person is enrolled as a student at the institution and:
               (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 a person from the payment of $500 of the
  total amount of tuition otherwise charged to a resident of this
  state if the person is enrolled as an undergraduate student at the
  institution and 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 JJ to read as follows:
  SUBCHAPTER JJ. ALLIED HEALTH FACULTY ENHANCEMENT GRANTS
         Sec. 61.9871.  DEFINITIONS.  In this subchapter:
               (1)  "Allied health profession" has the meaning
  assigned by Section 54.225.
               (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. 61.9872.  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. 61.9873.  USE OF GRANT.  A grant awarded under this
  subchapter may be used only for a purpose specified by Section
  61.9872, including providing salary supplements and enhancements
  and reducing the number of hours a faculty member must teach.
         Sec. 61.9874.  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. 61.9875.  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.  (a)  Except as provided by Subsection (b) of this
  section, Sections 54.225 and 54.226, Education Code, as added by
  this Act, apply beginning with the 2010 fall semester.
         (b)  Not later than January 1, 2010, the Texas Higher
  Education Coordinating Board shall adopt rules and forms relating
  to tuition exemptions under Sections 54.225 and 54.226, Education
  Code, as added by this Act.
         SECTION 4.  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, 2009.