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  86R11577 SOS-D
 
  By: Pacheco H.B. No. 3382
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of certain occupation-related
  postsecondary educational financial aid, program support, and
  student loan repayment programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 56.351, Education Code, is amended to
  read as follows:
         Sec. 56.351.  DEFINITIONS [DEFINITION]. In this subchapter:
               (1)  "Coordinating [, "coordinating] board" means the
  Texas Higher Education Coordinating Board.
               (2)  "Eligible institution" means:
                     (A)  a public or private institution of higher
  education in this state; or
                     (B)  a nonprofit, tax-exempt, regionally
  accredited college or university operating in accordance with a
  memorandum of understanding with this state under an executive
  order issued by the governor.
         SECTION 2.  Section 56.354(a), Education Code, is amended to
  read as follows:
         (a)  A person may receive Teach for Texas loan repayment
  assistance under this subchapter for the repayment of any student
  loan for education at any eligible institution [public or private
  institution of higher education] through any lender. If the loan is
  not a state or federal guaranteed student loan, the note or other
  writing governing the terms of the loan must require the loan
  proceeds to be used for expenses incurred by a person to attend an
  eligible [a public or private] institution [of higher education].
         SECTION 3.  Section 56.357(b), Education Code, is amended to
  read as follows:
         (b)  To be eligible for a grant under the program, a person
  must apply for a grant and:
               (1)  have received a baccalaureate degree from an
  eligible institution [of higher education] or an accredited
  out-of-state institution of higher education; and
               (2)  enroll in an alternative educator certification
  program described by Section 21.049 and satisfy either of the
  following conditions:
                     (A)  be seeking educator certification in a
  teaching field certified by the commissioner of education as
  experiencing a critical shortage of teachers in this state in the
  year in which the person receives the grant and agree to teach for
  five years in a public school in this state in that teaching field;
  or
                     (B)  agree to teach for five years in a public
  school in this state in a community, which is not required to be
  specifically designated at the time the person receives the grant,
  certified by the commissioner of education as experiencing a
  critical shortage of teachers in any year in which the person
  receives a grant under this section or in any subsequent year in
  which the person fulfills the teaching obligation.
         SECTION 4.  Section 56.3575(b), Education Code, is amended
  to read as follows:
         (b)  The coordinating board shall distribute a copy of the
  rules adopted under this section and pertinent information relating
  to this subchapter to each eligible [public or private] institution
  [of higher education in this state] that offers an educator
  certification program, including an alternative educator
  certification program or another equivalent program.
         SECTION 5.  Section 61.605(a), Education Code, is amended to
  read as follows:
         (a)  The board may provide repayment assistance under this
  subchapter for the repayment of any student loan, including a loan
  for undergraduate education, received by an eligible person through
  any lender for education at:
               (1)  an institution of higher education;
               (2)  [,] a private or independent institution of higher
  education;
               (3)  [, or] a public or private out-of-state
  institution of higher education accredited by a recognized
  accrediting agency; or
               (4)  a nonprofit, tax-exempt, regionally accredited
  college or university operating in accordance with a memorandum of
  understanding with this state under an executive order issued by
  the governor[, including loans for undergraduate education,
  received by an eligible person through any lender].
         SECTION 6.  Section 61.608(b), Education Code, is amended to
  read as follows:
         (b)  The board shall distribute to each institution of higher
  education, [or] private or independent institution of higher
  education, or college or university described by Section
  61.605(a)(4) and to any appropriate state agency and professional
  association copies of the rules adopted under this section and
  other pertinent information relating to this subchapter.
         SECTION 7.  Section 61.9621, Education Code, is amended to
  read as follows:
         Sec. 61.9621.  DEFINITION. In this subchapter,
  "professional nursing program" means an educational program
  preparing students for initial licensure as registered nurses
  offered by:
               (1)  a public or private institution of higher
  education; or
               (2)  a nonprofit, tax-exempt, regionally accredited
  college or university operating in accordance with a memorandum of
  understanding with this state under an executive order issued by
  the governor [for preparing students for initial licensure as
  registered nurses].
         SECTION 8.  Section 61.96232(a), Education Code, is amended
  to read as follows:
         (a)  The board by rule shall establish a process under which
  a public or private institution of higher education or an
  institution described by Section 61.9621(2) that offers a
  professional nursing program may apply for a grant under this
  subchapter and the commissioner of higher education, contingent on
  appropriations of money for the grants, selects one or more
  applicants to receive a grant based on criteria established by
  board rule.  The criteria must include the institution's agreement
  that the institution's professional nursing program will enroll
  additional students or graduate additional students prepared for
  initial licensure as registered nurses.
         SECTION 9.  Section 61.9751(2), Education Code, is amended
  to read as follows:
               (2)  "Nursing education program" means:
                     (A)  an undergraduate professional nursing
  program or a graduate professional nursing program as those terms
  are defined by Section 54.355; and
                     (B)  a comparable nursing program offered by a
  nonprofit, tax-exempt, regionally accredited college or university
  operating in accordance with a memorandum of understanding with
  this state under an executive order issued by the governor.
         SECTION 10.  Subchapter FF, Chapter 61, Education Code, is
  amended by adding Section 61.97711 to read as follows:
         Sec. 61.97711.  APPLICABILITY OF SUBCHAPTER.  This
  subchapter applies to:
               (1)  an institution of higher education;
               (2)  a private or independent institution of higher
  education; and
               (3)  a nonprofit, tax-exempt, regionally accredited
  college or university operating in accordance with a memorandum of
  understanding with this state under an executive order issued by
  the governor.
         SECTION 11.  Section 61.9772(a), Education Code, is amended
  to read as follows:
         (a)  To receive an initial scholarship under this
  subchapter, a student must:
               (1)  be enrolled in an [a public or private]
  institution to which this subchapter applies [of higher education
  in this state];
               (2)  enroll in and be a member in good standing of a
  Reserve Officers' Training Corps (ROTC) program or another
  undergraduate officer commissioning program such as the United
  States Marine Corps Platoon Leaders Class while enrolled in the [a
  public or private] institution [of higher education in this state];
               (3)  be appointed to receive a scholarship by the
  governor, the lieutenant governor, a state senator, or a state
  representative; and
               (4)  enter into an agreement with the board under
  Section 61.9773.
         SECTION 12.  Section 61.9773(a), Education Code, is amended
  to read as follows:
         (a)  To receive a scholarship under this subchapter, a
  student must enter into an agreement with the board as provided by
  this section.  The agreement must require the student to:
               (1)  complete four years of ROTC training or complete
  another undergraduate officer commissioning program such as the
  United States Marine Corps Platoon Leaders Class;
               (2)  graduate not later than six years after the date
  the student first enrolls in an [a public or private] institution to
  which this subchapter applies [of higher education in this state];
               (3)  after graduation, enter into:
                     (A)  a four-year commitment to be a member of the
  Texas Army National Guard, Texas Air National Guard, Texas State
  Guard, United States Coast Guard, or United States Merchant Marine;
  or
                     (B)  a contract to serve as a commissioned officer
  in any branch of the armed services of the United States;
               (4)  meet the physical examination requirements and all
  other prescreening requirements of the Texas Army National Guard,
  Texas Air National Guard, Texas State Guard, United States Coast
  Guard, or United States Merchant Marine or the branch of the armed
  services with which the student enters into a contract; and
               (5)  agree to repay the scholarship if the student:
                     (A)  fails to maintain satisfactory academic
  progress;
                     (B)  withdraws from the scholarship program; or
                     (C)  fails to fulfill a commitment or contract
  described by Subdivision (3).
         SECTION 13.  Section 61.9775(b), Education Code, is amended
  to read as follows:
         (b)  A scholarship awarded to a student under this subchapter
  shall be reduced for an academic year by the amount by which the
  full amount of the scholarship plus the total amount to be paid to
  the student for being under contract with one of the branches of the
  armed services of the United States exceeds the student's total
  cost of attendance for that academic year at the [public or private]
  institution to which this subchapter applies [of higher education]
  in which the student is enrolled.
         SECTION 14.  Section 61.9821, Education Code, is amended to
  read as follows:
         Sec. 61.9821.  REPAYMENT AUTHORIZED.  The board shall
  establish and administer a program to provide, in accordance with
  this subchapter and board rules, assistance in the repayment of
  student loans for nurses who:
               (1)  are serving on the faculties of nursing degree
  programs at institutions to which this subchapter applies [of
  higher education or private or independent institutions of higher
  education] in positions that require an advanced degree in
  professional nursing; and
               (2)  apply and qualify for the assistance.
         SECTION 15.  Subchapter JJ, Chapter 61, Education Code, is
  amended by adding Section 61.98211 to read as follows:
         Sec. 61.98211.  APPLICABILITY OF SUBCHAPTER.  This
  subchapter applies to:
               (1)  an institution of higher education;
               (2)  a private or independent institution of higher
  education; and
               (3)  a nonprofit, tax-exempt, regionally accredited
  college or university operating in accordance with a memorandum of
  understanding with this state under an executive order issued by
  the governor.
         SECTION 16.  Section 61.9822, Education Code, is amended to
  read as follows:
         Sec. 61.9822.  ELIGIBILITY.  To be eligible to receive loan
  repayment assistance under this subchapter, a nurse must:
               (1)  apply to the board;
               (2)  at the time of application for repayment
  assistance have been employed full-time for at least one year as,
  and be currently employed full-time as, a faculty member of a
  nursing degree program at an institution to which this subchapter
  applies [of higher education or a private or independent
  institution of higher education]; and
               (3)  comply with any additional requirements adopted by
  board rule.
         SECTION 17.  Section 61.9823(a), Education Code, is amended
  to read as follows:
         (a)  On qualifying for loan repayment assistance under this
  subchapter, a nurse may receive repayment assistance for each year
  of full-time employment as a faculty member of a nursing degree
  program at an institution to which this subchapter applies [of
  higher education or private or independent institution of higher
  education], not to exceed five years.
         SECTION 18.  Section 61.9824(a), Education Code, is amended
  to read as follows:
         (a)  The board may provide repayment assistance for the
  repayment of any student loan for education at any [public or
  private] institution to which this subchapter applies [of higher
  education], including a loan for undergraduate education, received
  by an eligible person through any lender.
         SECTION 19.  Section 61.9828(b), Education Code, is amended
  to read as follows:
         (b)  The board shall distribute a copy of the rules adopted
  under this section and pertinent information regarding this
  subchapter to:
               (1)  each institution to which this subchapter applies
  [of higher education and private or independent institution of
  higher education];
               (2)  any appropriate state agency; and
               (3)  any appropriate professional association.
         SECTION 20.  Section 61.9835(a), Education Code, is amended
  to read as follows:
         (a)  The board may provide repayment assistance under this
  subchapter for the repayment of any student loan received by an
  eligible person through an eligible lender that[:
               [(1)]  is for education at:
               (1)  a public or private institution of higher
  education; or [and]
               (2)  a nonprofit, tax-exempt, regionally accredited
  college or university operating in accordance with a memorandum of
  understanding with this state under an executive order issued by
  the governor [is received by an eligible person through an eligible
  lender].
         SECTION 21.  As soon as practicable after the effective date
  of this Act, the Texas Higher Education Coordinating Board shall
  adopt any rules necessary to administer the changes in law made by
  this Act.
         SECTION 22.  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, 2019.