S.B. No. 239
 
 
 
 
AN ACT
  relating to student loan repayment assistance for certain mental
  health professionals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 61, Education Code, is amended by adding
  Subchapter K to read as follows:
  SUBCHAPTER K.  REPAYMENT OF CERTAIN MENTAL HEALTH PROFESSIONAL
  EDUCATION LOANS
         Sec. 61.601.  DEFINITION. In this subchapter, "mental
  health professional" means:
               (1)  a licensed physician who is:
                     (A)  a graduate of an accredited psychiatric
  residency training program; or
                     (B)  certified in psychiatry by:
                           (i)  the American Board of Psychiatry and
  Neurology; or
                           (ii)  the American Osteopathic Board of
  Neurology and Psychiatry;
               (2)  a psychologist, as defined by Section 501.002,
  Occupations Code;
               (3)  a licensed professional counselor, as defined by
  Section 503.002, Occupations Code;
               (4)  an advanced practice registered nurse, as defined
  by Section 301.152, Occupations Code, who holds a nationally
  recognized board certification in psychiatric or mental health
  nursing; and
               (5)  a licensed clinical social worker, as defined by
  Section 505.002, Occupations Code.
         Sec. 61.602.  REPAYMENT AUTHORIZED. If the legislature
  appropriates funds for purposes of this subchapter, the board shall
  establish a program to provide, in accordance with this subchapter
  and rules of the board, assistance in the repayment of student loans
  for mental health professionals who apply and qualify for the
  assistance.
         Sec. 61.603.  ELIGIBILITY. (a)  To be eligible to receive
  repayment assistance under this subchapter, a mental health
  professional must:
               (1)  apply to the board;
               (2)  have completed one, two, three, four, or five
  consecutive years of practice in a mental health professional
  shortage area designated by the Department of State Health
  Services; and
               (3)  provide mental health services in this state to:
                     (A)  recipients under the medical assistance
  program authorized by Chapter 32, Human Resources Code;
                     (B)  enrollees under the child health plan program
  authorized by Chapter 62, Health and Safety Code; or
                     (C)  persons committed to a secure correctional
  facility operated by or under contract with the Texas Juvenile
  Justice Department or persons confined in a secure correctional
  facility operated by or under contract with any division of the
  Texas Department of Criminal Justice.
         (b)  In addition to satisfying the requirements under
  Subsection (a), for a licensed physician to be eligible to receive
  repayment assistance under this subchapter after the physician's
  third consecutive year of practice described under Subsection
  (a)(2), the physician must be certified in psychiatry by:
               (1)  the American Board of Psychiatry and Neurology; or
               (2)  the American Osteopathic Board of Neurology and
  Psychiatry.
         Sec. 61.604.  LIMITATIONS. (a)  A mental health
  professional may receive repayment assistance under this
  subchapter for not more than five years.
         (b)  Not more than 10 percent of the number of repayment
  assistance grants paid under this subchapter each year may be
  awarded to mental health professionals providing mental health
  services described by Section 61.603(a)(3)(C).
         (c)  Not more than 30 percent of the number of repayment
  assistance grants paid under this subchapter each year may be
  awarded to mental health professionals in any one of the
  professions listed in Section 61.601.
         Sec. 61.605.  ELIGIBLE LOANS. (a)  The board may provide
  repayment assistance under this subchapter for the repayment of any
  student loan for education at an institution of higher education, a
  private or independent institution of higher education, or a public
  or private out-of-state institution of higher education accredited
  by a recognized accrediting agency, including loans for
  undergraduate education, received by an eligible person through any
  lender.
         (b)  The board may not provide repayment assistance for a
  student loan that is in default at the time of the person's
  application.
         (c)  In each state fiscal biennium, the board shall attempt
  to allocate all funds appropriated to the board for the purpose of
  providing loan repayment assistance under this subchapter.
         Sec. 61.606.  REPAYMENT. (a)  The board shall deliver any
  repayment under this subchapter in a lump sum payable:
               (1)  to both the lender or other holder of the loan and
  the mental health professional; or
               (2)  directly to the lender or other holder of the loan
  on the mental health professional's behalf.
         (b)  A repayment under this subchapter may be applied to any
  amount due in connection with the loan.
         Sec. 61.607.  AMOUNT OF REPAYMENT ASSISTANCE. (a)  A mental
  health professional may receive repayment assistance under this
  subchapter for each year the mental health professional establishes
  eligibility for the assistance in an amount determined by applying
  the following applicable percentage to the maximum total amount of
  assistance allowed for the mental health professional under
  Subsection (b):
               (1)  for the first year, 10 percent;
               (2)  for the second year, 15 percent;
               (3)  for the third year, 20 percent;
               (4)  for the fourth year, 25 percent; and
               (5)  for the fifth year, 30 percent.
         (b)  The total amount of repayment assistance received by a
  mental health professional under this subchapter may not exceed:
               (1)  $160,000, for assistance received by a licensed
  physician;
               (2)  $80,000, for assistance received by:
                     (A)  a psychologist;
                     (B)  a licensed clinical social worker, if the
  social worker has received a doctoral degree related to social
  work; or
                     (C)  a licensed professional counselor, if the
  counselor has received a doctoral degree related to counseling;
               (3)  $60,000, for assistance received by an advanced
  practice registered nurse; and
               (4)  $40,000, for assistance received by a licensed
  clinical social worker or a licensed professional counselor who is
  not described by Subdivision (2).
         (c)  The total amount of repayment assistance provided under
  this subchapter may not exceed the sum of: 
               (1)  the total amount of gifts and grants accepted by
  the board for the repayment assistance;
               (2)  legislative appropriations for the repayment
  assistance; and 
               (3)  other funds available to the board for the
  repayment assistance.
         (d)  The board may adjust in an equitable manner the
  distribution amounts that mental health professionals would
  otherwise receive under Subsection (a) for a year as necessary to
  comply with Subsection (c).
         Sec. 61.608.  RULES. (a)  The board shall adopt rules
  necessary to administer this subchapter.
         (b)  The board shall distribute to each institution of higher
  education or private or independent institution of higher education
  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.
         Sec. 61.609.  SOLICITATION AND ACCEPTANCE OF FUNDS.  The
  board may solicit and accept gifts and grants from any public or
  private source for the purposes of this subchapter.
         SECTION 2.  The Texas Higher Education Coordinating Board
  shall adopt the rules for repayment assistance under Subchapter K,
  Chapter 61, Education Code, as added by this Act, not later than
  December 1, 2015.
         SECTION 3.  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, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 239 passed the Senate on
  April 27, 2015, by the following vote: Yeas 23, Nays 7; and that
  the Senate concurred in House amendment on May 28, 2015, by the
  following vote: Yeas 25, Nays 6.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 239 passed the House, with
  amendment, on May 22, 2015, by the following vote: Yeas 81,
  Nays 59, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor