HBA-KMH H.B. 2568 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2568
By: Cuellar
Higher Education
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Guaranteed Student Loan Corporation (TGSLC) was established by
the 66th Texas Legislature in 1979 to administer the federal Guaranteed
Student Loan Program, later renamed the Federal Family Education Loan
Program (FFELP), on behalf of the U.S. Department of Education for the
State of Texas. 

TGSLC is established as a public nonprofit corporation.  As such it
receives no appropriations from the Texas Legislature.  However, its board
of directors is appointed by the governor and confirmed by the senate.  It
is subject to the provisions of the Texas Sunset Act and Open Meetings Act
by statute and the Open Records Act by attorney general's opinion.  The
state auditor also has the authority to conduct audits of TGLSC. 

FFELP is the largest source of student financial aid in Texas, providing
$1.6 billion in 410,000 educational loans to 120,000 postsecondary
education students and parents.  Since 1981, TGSLC has processed
approximately $12 billion in federally insured educational loans for
students and parents.  The annual default rate on which the TGSLC
reinsurance is based is less than five percent.  
FFELP provides 67 percent of all state and federal student financial aid
allocated each year. 

H.B. 2568 amends TGSLC's authorizing statute to conform with changes made
in 1998 to FFELP provisions in the federal Higher Education Act of 1965 (20
U.S.C.   1001 et seq.), and requires TGSLC to work with other entities to
develop, implement, and coordinate awareness and outreach actitives
concerning student financial aid and postsecondary educational
opportunities.  This bill also revokes TGSLC's authority to make loans. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 57.01, Education Code, by amending the policy of
the Texas Guaranteed Student Loan Corporation (TGSLC) to include providing
necessary and desirable services related to the loan program, including
cooperative awareness efforts with appropriate educational and civic
associations designed to disseminate postsecondary education awareness
information, including information regarding student financial aid and the
Federal Family Education Loan Program, and other relevant topics including
the prevention of student loan default. 

SECTION 2.  Amends Section 57.11, Education Code, by adding Subsection (d),
to require that the student loan borrower information collected, assembled,
or maintained by TGSLC is confidential and is not subject to disclosure
under Chapter 552 (Public Information), Government Code. 

SECTION 3.  Amends Section 57.12(a), Education Code, to extend the
existence of the TGSLC until September 1, 2005, rather than September 1,
2003. 

SECTION 4.  Amends Subchapter B, Chapter 57, Education Code, by adding
Sections 57.21 and  57.211, as follows: 

Sec.  57.21.  PROGRAMS RELATED TO STUDENT FINANCIAL AID AND COMPLETION OF
POSTSECONDARY EDUCATION.   Requires the TGSLC to assist in coordinating,
facilitating, promoting, and providing assistance and support to programs
designed to inform Texas residents about postsecondary education and the
availability of student financial aid, to prevent student loan default, and
to increase student retention and graduation rates in postsecondary
education.  Requires TGSLC to coordinate its efforts under this section
with other entities. 

Sec.  57.211.  SUPPORT OF EDUCATIONAL PURPOSES.  Authorizes TGSLC to
support educational purposes with the approval of the board of directors of
TGSLC (board). 

SECTION 5.  Amends Section 57.22, Education Code, to withdraw the
prohibition against TGSLC from making donations for educational purposes.
Makes a conforming change. 

SECTION 6.  Amends Sections 57.41(c) and (d), Education Code, to withdraw
the express authority of TGSLC to make loans and the stipulated conditions
under which TGSLC was authorized to make loans. 

SECTION 7.  Amends Section 57.43, Education Code, to withdraw a stipulation
that if TGSLC imposes an insurance premium under this section TGSLC must
impose the lowest insurance premium practicable. 

SECTION 8.  Amends Section 57.45(g), Education Code, by requiring TGSLC to
pay the lender or holder under the provisions of the Higher Education Act
of 1965, 20 U.S.C.   1001 et seq., as amended, rather than meet the claim
out of the guarantee account established under Section 57.72 (Guarantee
Account) of this code, provided, however, any such subsequent holder shall
be required to comply with other provisions of this chapter. 

SECTION 9.  Amends Section 57.461(b), Education Code, to replace the
executive director with the president for making recommendations to the
board on the appointment of advisory committee members. 

SECTION 10.  Amends Section 57.49, Education Code, to withdraw the
restriction under this section that an agency or political subdivision act
within the extent allowed by law.  Details the form of cooperation required
between agencies and political subdivisions in providing information
concerning student financial aid, curing delinquent loans, and collecting
defaulted loans. 

SECTION 11.  Amends Section 57.71, Education Code, as follows:

Sec.  57.71.  New Title: RESERVE AND OPERATING FUNDS.  Requires TGSLC to
establish operating funds in accordance with Section 422 of the Higher
Education Act of 1965 (20 U.S.C.   1072), as amended.  Makes nonsubstantive
changes. 

SECTION 12.  Amends Section 57.78, Education Code, as follows:

Sec.  57.78.  New Title: INVESTMENTS.  Authorizes all money of TGSLC to be
invested only in accordance with Chapter 2256, Government Code.  Withdraws
all other provisions regarding investment of TGSLC funds.  Deletes
"depositories" from the title. 

SECTION 13.  Repealer: Section 57.72 (Guarantee Account), Section 57.73
(Operating Account), and Section 57.74 (Other Corporate Accounts),
Education Code. 

SECTION 14.Emergency clause.
  Effective date: upon passage.