HBA-MPM H.B. 1689 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1689
By: Greenberg
Higher Education
3/10/1999
Introduced



BACKGROUND AND PURPOSE 

According to a survey conducted by the National Council of State Educators,
child-care providers reported that 31 percent of their staff left their
positions within one year.  One of the reasons listed for the high turnover
rate is low wages.  These low wages may deter those staff members who must
pay back student loans from remaining in the field.  H.B. 1689 creates the
Early Childhood ChildCare Worker Student Loan Repayment Program, and
authorizes the Texas Higher Education Coordinating Board to provide loan
repayment assistance to qualified applicants. Furthermore, this bill sets
forth eligibility criteria for applicants and the terms of the loan
repayment assistance, and provides for funding for the program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 1 (Section 61.877, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 61, Education Code, by adding Subchapter T, as
follows: 

SUBCHAPTER T.  EARLY CHILDHOOD CHILD-CARE WORKER 
STUDENT LOAN REPAYMENT PROGRAM

Sec. 61.871.  DEFINITIONS.  Defines "child care facility" with the meaning
assigned by Section 42.002, Human Resources Code, which defines this term
as a facility licensed, certified, or registered by the Department of
Protective and Regulatory Services to provide assessment, care, training,
education, custody, treatment, or supervision for a child who is not
related by blood, marriage, or adoption to the owner or operator of the
facility, for all or part of the 24-hour day, whether or not the facility
is operated for profit or charges for the services it offers. Defines
"early childhood child-care worker" as a person who works fulltime, as
determined by the Texas Higher Education Coordinating Board (board), in a
childcare facility, whether as an employee, owner, or volunteer, and whose
duties consist primarily of providing child care or education to children
younger than four years old. 

Sec. 61.872.  LOAN REPAYMENT ASSISTANCE AUTHORIZED.  Authorizes the board
to provide, in accordance with this subchapter and by board rules,
assistance in the repayment of eligible student loans for persons who apply
and qualify for assistance. 

Sec. 61.873.  ELIGIBILITY FOR ASSISTANCE. Sets forth criteria for a person
to be eligible to receive loan repayment assistance. 

Sec. 61.874.  ELIGIBLE LOANS.  Authorizes a person to receive loan
repayment assistance for the repayment of any student loan for education at
an institution of higher education through any lender.  Provides that 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 attending an
institution of higher education. Prohibits the board from providing
repayment  assistance for a loan that is in default at the  time the
application is made. 

Sec. 61.875.  AGREEMENT.  (a)  Provides that in order to qualify for loan
repayment assistance, a person must enter into a written agreement with the
board that specifies the conditions the person must satisfy to receive
assistance. 

(b)  Provides that the agreement must require the person to serve two years
as an early childhood child-care worker in this state no later than the
third anniversary of the date the person enters into the agreement, and
must specify a number of additional years of service as an early child-care
worker in this state for which the person may receive payment assistance
and the period within which the person must complete those years of
additional service. Provides that only service as an early childhood
child-care worker after the date the person enters into the agreement may
be used to satisfy the service requirement. 

(c)  Specifies that the agreement must provide that the repayment
assistance the person receives prior to serving the first two full years as
an early childhood child-care worker and any repayment assistance the
person receives after the first two years of service but before completing
each additional full year of service constitutes a loan until the person
completes that two years or additional year of service, as applicable, and
satisfies any other condition of the agreement.  Provides that the
agreement require the person to sign a promissory note acknowledging the
conditional nature of the repayment assistance received and promising to
repay the loan, plus applicable interest and reasonable collection costs if
the person does not satisfy the applicable conditions.  Requires the board
to determine the terms of the promissory note, which, to the extent
practicable, must be the same as those applicable to state or federally
guaranteed student loans made at the same time.  Requires that all amounts
collected in repayment of a loan, including interest, but excluding
collection costs paid by the board to another person to collect or assist
in collecting the amount, be deposited to the credit of the trust fund
established under Section 61.878. 

Sec. 61.876.  AMOUNT OF REPAYMENT ASSISTANCE; LIMITATIONS.  (a) Authorizes
a person, when entering into an agreement, to receive loan repayment
assistance in an amount not to exceed 15 percent of the total amount of the
person's outstanding student loans, including scheduled interest payments
that would be due if the loan is not prepaid, for each year that a
qualified person serves as an early childhood child-care worker in this
state. Prohibits the amount of repayment assistance paid for a year from
exceeding the actual amount of the loan payments the person receiving
assistance is required to make for that year. 

(b)  Authorizes the board to enter into an agreement to provide loan
repayment assistance only to the extent money in the trust fund established
by Section 61.878 or money appropriated to the trust fund for future
deposit to the trust fund will be sufficient to provide the assistance as
it becomes payable.  Requires the board to select persons to receive
repayment assistance from the eligible applicants according to financial
need or on basis the board considers reasonable if money in or appropriated
to the trust fund will not be sufficient to provide assistance to each
applicant. 

Sec. 61.877.  ADMINISTRATION; RULES.  Requires the board to adopt rules
necessary for the administration of this subchapter and to distribute the
rules, as well as pertinent information in this subchapter to each public
or private institution of higher education in this state that offers a
degree program in early childhood development or an equivalent degree. 

Sec. 61.878.  FUNDING. (a)  Provides that the loan repayment assistance
program is funded from the child-care worker student loan assistance trust
fund, which is established outside the treasury and administered by the
comptroller of public accounts.  Provides that money in the trust fund may
be spent without appropriation and only to fund the program.  Requires
interest and income from the assets of the trust fund to be credited and
deposited to the trust fund. 

 (b)  Authorizes the board to solicit and accept gifts, grants, and
donations from any public or private source and requires the board to
deposit this money to the credit of the trust fund. 

(c)  Authorizes the legislature to appropriate money to the trust fund.

SECTION 2.  Makes this Act applicable beginning with the 1999 fall semester.

SECTION 3.Emergency clause.
  Effective date: upon passage.