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  S.B. No. 25
 
 
 
 
AN ACT
  relating to support for nursing-related postsecondary education,
  including scholarships to nursing students, loan repayment
  assistance to nurses and nursing faculty, and grants to nursing
  education programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.651(1), Education Code, is amended to
  read as follows:
               (1)  "Professional nursing student" means a student
  enrolled in [an institution of higher education or a private or
  independent institution of higher education in] a course of study
  leading to an initial or an advanced degree in professional nursing
  at:
                     (A)  an institution of higher education;
                     (B)  a private or independent institution of
  higher education; or
                     (C)  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 61.655, Education Code, is amended to
  read as follows:
         Sec. 61.655.  PURPOSE; ELIGIBILITY. (a) A scholarship
  program[, matching fund program,] or loan repayment program
  established under this subchapter shall be established and
  administered in a manner that the board determines best promotes
  the health care and educational needs of this state.
         (b)  The board may establish multiple categories of persons
  to receive scholarships[, matching funds,] and loan repayments.
  The board may include faculty from professional nursing programs
  with master's degrees or doctorates among the categories of persons
  authorized to receive loan repayments.
         (c)  Each year funds are available, the board shall establish
  the categories of persons eligible to receive scholarships[,
  matching funds,] and loan repayments and the criteria for selecting
  persons to be assisted under each category. The criteria:
               (1)  must include that the person be enrolled in, or
  have outstanding student loans for education received at, as
  applicable to the program:
                     (A)  an institution of higher education; 
                     (B)  a private or independent institution of
  higher education; or
                     (C)  a nonprofit college or university described
  by Section 61.651(1)(C); and
               (2)  may include:
                     (A) [(1)]  scholastic ability and performance;
                     (B) [(2)]  financial need;
                     (C) [(3)]  the geographical area in which the
  person is likely to practice;
                     (D) [(4)]  whether the person receives Temporary
  Assistance for Needy Families [Aid to Families with Dependent
  Children] or participates in another public welfare program;
                     (E) [(5)]  employment by a state agency;
                     (F) [(6)]  employment on a nursing school faculty
  or a person's intention to seek employment on a nursing school
  faculty;
                     (G) [(7)]  whether the person is practicing in a
  geographical area, a practice setting, or an area of practice with
  an acute nursing shortage or is likely to practice in such an area;
                     (H) [(8)]  the type of certificate or academic
  degree held or pursued; or
                     (I) [(9)]  any additional factors the board
  considers relevant to promoting the health care and educational
  needs of the state.
         SECTION 3.  Section 61.656, Education Code, is amended by
  amending Subsection (d) and adding Subsection (e) to read as
  follows:
         (d)  The board shall distribute information about the
  scholarship program[, matching fund program,] and loan repayment
  program established under this subchapter to:
               (1)  employers of registered nurses or licensed
  vocational nurses;
               (2)  associations of employers;
               (3)  schools and educational programs for registered
  nurses or licensed vocational nurses; and
               (4)  professional associations of registered nurses or
  licensed vocational nurses.
         (e)  The rules adopted under this section must provide that
  not more than 10 percent of the total amount of scholarships or
  repayment assistance awarded under a program established under this
  subchapter in a year may be awarded to persons enrolled in, or for
  the repayment of student loans for education received at, as
  applicable to the program, a nonprofit college or university
  described by Section 61.651(1)(C).
         SECTION 4.  Section 61.658(b), Education Code, is amended to
  read as follows:
         (b)  The board may structure the scholarship program[, the
  matching fund program,] and the loan repayment program established
  under this subchapter to secure funds available under federal
  matching programs.
         SECTION 5.  Chapter 61, Education Code, is amended by adding
  Subchapter Z-1 to read as follows:
  SUBCHAPTER Z-1.  GRANT PROGRAMS SUPPORTING NURSING EDUCATION AND
  TRAINING
         Sec. 61.9641.  DEFINITIONS. In this subchapter:
               (1)  "Clinical site" means an acute care or
  rehabilitation facility, a primary care setting, a long-term care
  facility, a nursing home, a residential care setting, or any other
  site identified by the board as providing clinical learning
  experiences for nursing students.
               (2)  "Nursing advisory committee" means the nursing
  advisory committee established under Section 104.0155, Health and
  Safety Code.
         Sec. 61.9642.  CLINICAL SITE NURSE PRECEPTOR GRANT PROGRAM.  
  (a)  The board, in consultation with the nursing advisory
  committee, shall establish and administer a program to award grants
  to eligible clinical sites to support the use of nurse preceptors in
  providing clinical training to nursing students.
         (b)  To be eligible for a grant under this section, a
  clinical site must:
               (1)  provide clinical training to nursing students
  through the use of one or more nurse preceptors;
               (2)  comply with any clinical site requirements
  established by the board; and
               (3)  comply with any other requirements adopted by
  board rule.
         Sec. 61.9643.  CLINICAL SITE INNOVATION AND COORDINATION
  PROGRAM. The board shall establish and administer a program to
  award grants to eligible clinical sites that create and operate
  innovative pilot programs that will support nursing performed at
  clinical sites in this state by increasing the number of nurses,
  improving the working environment for nurses, improving the
  retention of nurses, addressing workplace safety, and coordinating
  with other clinical sites any solutions found to address common
  nursing concerns.
         Sec. 61.9644.  NURSING FACULTY GRANT PROGRAM: PART-TIME
  POSITIONS.  (a)  The board shall award grants under a nursing
  faculty grant program to eligible institutions of higher education
  to provide funding for qualified nursing staff working at clinical
  sites who serve as part-time nursing faculty at those institutions.
         (b)  The amount of a grant and the number of grants to be
  awarded must be based on the total number of nursing staff serving
  as part-time faculty in institutions of higher education throughout
  the state in the year for which the grant is awarded.
         (c)  A grant received under this section must be expended to
  support the applicable nursing faculty positions, including the
  faculty stipend.
         (d)  An institution of higher education must certify in the
  grant application the number of unfilled faculty positions to which
  the application applies and, after a grant is awarded, must certify
  which of those positions have been filled before receipt of the
  grant funds.
         (e)  The board shall prescribe the dates for the submission
  of applications and the award of grants under this section to ensure
  that a grant recipient has sufficient time to prepare for receipt
  and effective use of the grant funds before the academic period for
  which the grant is awarded.
         (f)  Grant amounts are awarded under this section for two
  consecutive state fiscal years.  The board may distribute a grant
  amount for nursing faculty only on receiving the certification from
  the institution of higher education that the applicable nurse
  faculty position has been filled. For each first-year nursing
  faculty position for which a clinical site receives an initial
  grant amount in a state fiscal year, the board shall make available
  an equal grant amount for the subsequent state fiscal year
  contingent on filling the part-time nursing faculty positions
  funded by the grant in that second year.
         Sec. 61.9645.  NURSING FACULTY GRANT PROGRAM: CLINICAL
  TRAINING. (a)  The board shall award grants under a nursing faculty
  grant program to eligible clinical sites to provide funding for
  qualified nursing faculty of institutions of higher education who
  seek to obtain additional clinical training by working part-time at
  a clinical site.
         (b)  The amount of a grant and the number of grants to be
  awarded must be based on the total number of nursing faculty in
  institutions of higher education throughout the state in the year
  for which the grant is awarded.
         Sec. 61.9646.  FUNDS. (a)  In consultation with the nursing
  advisory committee, the board shall allocate funds appropriated for
  purposes of this subchapter and any other funds received as
  described by Subsection (b) as the board considers appropriate to
  further the purposes of this subchapter.
         (b)  In addition to money appropriated by the legislature,
  the board may solicit, accept, and spend gifts, grants, and
  donations from any public or private source for the purposes of the
  grant programs established under this subchapter.
         Sec. 61.9647.  RULES. In consultation with the nursing
  advisory committee, the board shall adopt rules for the
  administration of the grant programs established under this
  subchapter. The rules must include:
               (1)  administrative provisions relating to the
  awarding of grants under this subchapter, such as:
                     (A)  eligibility criteria for clinical sites or
  institutions of higher education, as applicable;
                     (B)  grant application procedures;
                     (C)  guidelines relating to grant amounts;
                     (D)  procedures for evaluating grant
  applications; and
                     (E)  procedures for monitoring the use of grants;
  and
               (2)  methods for tracking the effectiveness of grants
  that:
                     (A)  use data reasonably available to the board or
  the Texas Center for Nursing Workforce Studies; and
                     (B)  evaluate transferability and scalability of
  innovation programs.
         SECTION 6.  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 part-time or full-time for at least
  one year as, and be currently employed part-time or full-time as, a
  faculty member of a nursing degree program at an institution of
  higher education or a private or independent institution of higher
  education; and
               (3)  comply with any additional requirements adopted by
  board rule.
         SECTION 7.  Sections 61.9823(a) and (b), Education Code, are
  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 part-time or full-time employment as a faculty member of a
  nursing degree program at an institution of higher education or
  private or independent institution of higher education, not to
  exceed five years.
         (b)  The board by rule shall determine the maximum amount of
  loan repayment assistance received by a nurse under this subchapter
  [may not exceed $7,000] in any one year.  The board shall base the
  amount of loan repayment assistance received by a nurse for
  part-time employment on the proportion of the number of hours
  worked by the nurse to the number of hours worked by a full-time
  nurse.
         SECTION 8.  Sections 63.202(f) and (g), Education Code, are
  amended to read as follows:
         (f)  Notwithstanding the limitation provided by Subsection
  (b), grants awarded under Subsection (c) for the state fiscal
  biennium ending on August 31, 2025 [2021], and the fiscal biennium
  ending on August 31, 2027 [2023], by the Texas Higher Education
  Coordinating Board shall be awarded to programs preparing students
  for initial licensure as registered nurses or programs preparing
  qualified faculty members with a master's or doctoral degree for
  the program, including programs at two-year institutions of higher
  education, four-year general academic teaching institutions,
  health science centers, and independent or private institutions of
  higher education, or to the nursing resource section established
  under Section 105.002(b), Health and Safety Code.  In awarding
  grants under this subsection, the coordinating board may:
               (1)  give priority to institutions proposing to address
  the shortage of registered nurses by promoting innovation in
  education, recruitment, and retention of nursing students and
  qualified faculty;
               (2)  award grants on a competitive basis;
               (3)  consider the availability of matching funds; and
               (4)  fund a study by the nursing resource section to
  evaluate the competencies of clinical judgment and behaviors that
  professional nursing students should possess at the time of
  graduation.
         (g)  Subsection (f) and this subsection expire September 1,
  2027 [2023].
         SECTION 9.  The following provisions of the Education Code
  are repealed:
               (1)  Sections 61.653 and 61.657; and
               (2)  Section 61.656(c).
         SECTION 10.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Higher Education Coordinating Board
  shall adopt rules necessary to administer the changes in law made by
  this Act.
         (b)  Section 61.655, Education Code, as amended by this Act,
  applies beginning with scholarships and loan repayment assistance
  awarded under a program established under Subchapter L, Chapter 61,
  Education Code, for the 2024-2025 academic year.  Scholarships and
  loan repayment assistance awarded under a program established under
  Subchapter L, Chapter 61, Education Code, for an academic year
  before the 2024-2025 academic year are governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         (c)  As soon as practicable after the effective date of this
  Act, the Texas Higher Education Coordinating Board shall adopt
  rules for the implementation and administration of the grant
  programs required by Subchapter Z-1, Chapter 61, Education Code, as
  added by this Act. The board may adopt the initial rules in the
  manner provided by law for emergency rules.
         (d)  Not later than September 1, 2023, the Texas Higher
  Education Coordinating Board shall establish the grant programs
  required by Subchapter Z-1, Chapter 61, Education Code, as added by
  this Act, and shall begin to award grants under those programs not
  later than January 1, 2024.
         (e)  The changes in law made by this Act to Subchapter JJ,
  Chapter 61, Education Code, apply beginning with loan repayment
  assistance awarded under that subchapter for the 2024-2025 academic
  year. Loan repayment assistance awarded under Subchapter JJ,
  Chapter 61, Education Code, for an academic year before the
  2024-2025 academic year is governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         SECTION 11.  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, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 25 passed the Senate on
  March 30, 2023, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 25, 2023, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 25 passed the House, with
  amendments, on May 23, 2023, by the following vote: Yeas 146,
  Nays 1, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor