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AN ACT
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relating to student loan repayment assistance for certain mental |
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health professionals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 61, Education Code, is amended by adding |
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Subchapter K to read as follows: |
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SUBCHAPTER K. REPAYMENT OF CERTAIN MENTAL HEALTH PROFESSIONAL |
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EDUCATION LOANS |
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Sec. 61.601. DEFINITION. In this subchapter, "mental |
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health professional" means: |
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(1) a licensed physician who is: |
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(A) a graduate of an accredited psychiatric |
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residency training program; or |
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(B) certified in psychiatry by: |
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(i) the American Board of Psychiatry and |
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Neurology; or |
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(ii) the American Osteopathic Board of |
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Neurology and Psychiatry; |
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(2) a psychologist, as defined by Section 501.002, |
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Occupations Code; |
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(3) a licensed professional counselor, as defined by |
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Section 503.002, Occupations Code; |
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(4) an advanced practice registered nurse, as defined |
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by Section 301.152, Occupations Code, who holds a nationally |
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recognized board certification in psychiatric or mental health |
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nursing; and |
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(5) a licensed clinical social worker, as defined by |
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Section 505.002, Occupations Code. |
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Sec. 61.602. REPAYMENT AUTHORIZED. If the legislature |
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appropriates funds for purposes of this subchapter, the board shall |
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establish a program to provide, in accordance with this subchapter |
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and rules of the board, assistance in the repayment of student loans |
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for mental health professionals who apply and qualify for the |
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assistance. |
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Sec. 61.603. ELIGIBILITY. (a) To be eligible to receive |
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repayment assistance under this subchapter, a mental health |
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professional must: |
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(1) apply to the board; |
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(2) have completed one, two, three, four, or five |
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consecutive years of practice in a mental health professional |
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shortage area designated by the Department of State Health |
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Services; and |
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(3) provide mental health services in this state to: |
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(A) recipients under the medical assistance |
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program authorized by Chapter 32, Human Resources Code; |
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(B) enrollees under the child health plan program |
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authorized by Chapter 62, Health and Safety Code; or |
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(C) persons committed to a secure correctional |
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facility operated by or under contract with the Texas Juvenile |
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Justice Department or persons confined in a secure correctional |
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facility operated by or under contract with any division of the |
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Texas Department of Criminal Justice. |
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(b) In addition to satisfying the requirements under |
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Subsection (a), for a licensed physician to be eligible to receive |
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repayment assistance under this subchapter after the physician's |
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third consecutive year of practice described under Subsection |
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(a)(2), the physician must be certified in psychiatry by: |
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(1) the American Board of Psychiatry and Neurology; or |
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(2) the American Osteopathic Board of Neurology and |
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Psychiatry. |
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Sec. 61.604. LIMITATIONS. (a) A mental health |
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professional may receive repayment assistance under this |
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subchapter for not more than five years. |
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(b) Not more than 10 percent of the number of repayment |
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assistance grants paid under this subchapter each year may be |
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awarded to mental health professionals providing mental health |
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services described by Section 61.603(a)(3)(C). |
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(c) Not more than 30 percent of the number of repayment |
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assistance grants paid under this subchapter each year may be |
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awarded to mental health professionals in any one of the |
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professions listed in Section 61.601. |
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Sec. 61.605. ELIGIBLE LOANS. (a) The board may provide |
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repayment assistance under this subchapter for the repayment of any |
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student loan for education at an institution of higher education, a |
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private or independent institution of higher education, or a public |
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or private out-of-state institution of higher education accredited |
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by a recognized accrediting agency, including loans for |
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undergraduate education, received by an eligible person through any |
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lender. |
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(b) The board may not provide repayment assistance for a |
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student loan that is in default at the time of the person's |
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application. |
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(c) In each state fiscal biennium, the board shall attempt |
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to allocate all funds appropriated to the board for the purpose of |
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providing loan repayment assistance under this subchapter. |
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Sec. 61.606. REPAYMENT. (a) The board shall deliver any |
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repayment under this subchapter in a lump sum payable: |
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(1) to both the lender or other holder of the loan and |
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the mental health professional; or |
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(2) directly to the lender or other holder of the loan |
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on the mental health professional's behalf. |
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(b) A repayment under this subchapter may be applied to any |
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amount due in connection with the loan. |
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Sec. 61.607. AMOUNT OF REPAYMENT ASSISTANCE. (a) A mental |
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health professional may receive repayment assistance under this |
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subchapter for each year the mental health professional establishes |
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eligibility for the assistance in an amount determined by applying |
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the following applicable percentage to the maximum total amount of |
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assistance allowed for the mental health professional under |
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Subsection (b): |
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(1) for the first year, 10 percent; |
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(2) for the second year, 15 percent; |
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(3) for the third year, 20 percent; |
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(4) for the fourth year, 25 percent; and |
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(5) for the fifth year, 30 percent. |
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(b) The total amount of repayment assistance received by a |
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mental health professional under this subchapter may not exceed: |
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(1) $160,000, for assistance received by a licensed |
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physician; |
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(2) $80,000, for assistance received by: |
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(A) a psychologist; |
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(B) a licensed clinical social worker, if the |
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social worker has received a doctoral degree related to social |
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work; or |
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(C) a licensed professional counselor, if the |
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counselor has received a doctoral degree related to counseling; |
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(3) $60,000, for assistance received by an advanced |
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practice registered nurse; and |
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(4) $40,000, for assistance received by a licensed |
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clinical social worker or a licensed professional counselor who is |
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not described by Subdivision (2). |
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(c) The total amount of repayment assistance provided under |
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this subchapter may not exceed the sum of: |
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(1) the total amount of gifts and grants accepted by |
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the board for the repayment assistance; |
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(2) legislative appropriations for the repayment |
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assistance; and |
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(3) other funds available to the board for the |
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repayment assistance. |
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(d) The board may adjust in an equitable manner the |
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distribution amounts that mental health professionals would |
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otherwise receive under Subsection (a) for a year as necessary to |
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comply with Subsection (c). |
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Sec. 61.608. RULES. (a) The board shall adopt rules |
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necessary to administer this subchapter. |
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(b) The board shall distribute to each institution of higher |
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education or private or independent institution of higher education |
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and to any appropriate state agency and professional association |
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copies of the rules adopted under this section and other pertinent |
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information relating to this subchapter. |
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Sec. 61.609. SOLICITATION AND ACCEPTANCE OF FUNDS. The |
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board may solicit and accept gifts and grants from any public or |
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private source for the purposes of this subchapter. |
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SECTION 2. The Texas Higher Education Coordinating Board |
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shall adopt the rules for repayment assistance under Subchapter K, |
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Chapter 61, Education Code, as added by this Act, not later than |
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December 1, 2015. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 239 passed the Senate on |
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April 27, 2015, by the following vote: Yeas 23, Nays 7; and that |
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the Senate concurred in House amendment on May 28, 2015, by the |
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following vote: Yeas 25, Nays 6. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 239 passed the House, with |
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amendment, on May 22, 2015, by the following vote: Yeas 81, |
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Nays 59, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |