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