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A BILL TO BE ENTITLED
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AN ACT
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relating to suits for default on a student loan administered by the |
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Texas Higher Education Coordinating Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.39, Education Code, is amended to |
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read as follows: |
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Sec. 52.39. DEFAULT; SUIT. When any person who has |
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received or cosigned as a guarantor for a loan authorized by this |
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chapter has failed or refused to make as many as six monthly |
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payments due in accordance with an executed note, then the full |
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amount of the remaining principal and interest becomes due and |
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payable immediately, and the amount due, the person's name and |
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[his] last known address, and other necessary information shall be |
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reported by the board to the attorney general. Suit for the |
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remaining sum may [shall] be instituted by the attorney general. |
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Venue for and jurisdiction of a suit arising under this section is |
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exclusively conferred upon a court of competent jurisdiction in |
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Travis County [, or any county or district attorney acting for him,
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in the county of the person's residence, the county in which is
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located the institution at which the person was last enrolled, or in
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Travis County, unless the attorney general finds reasonable
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justification for delaying suit and so advises the board in
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writing]. |
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SECTION 2. The changes in law made by this Act to Section |
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52.39, Education Code, apply only to a suit filed under that section |
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on or after the effective date of this Act. A suit filed under |
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Section 52.39, Education Code, before the effective date of this |
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Act is governed by the law in effect on the date the suit is filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |