HBA-KDB H.B. 2553 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2553
By: Uher
Higher Education
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, rural district and county attorney's offices are  struggling to
compensate attorneys for  long hours and heavy caseloads.  With the
potential to earn considerably higher salaries in urban areas, many
attorneys will not even  consider working in a rural community.  This may
be caused by the  large amounts of loans law students must often take to
earn their degrees.  Unless county and district attorney's offices are able
to provide a tangible incentive to eligible licensed attorneys, recruiting
and maintaining a qualified staff may become even more difficult.  House
Bill 2553 requires the Texas Higher Education Coordinating Board to provide
repayment assistance for loans accrued by law graduates who work in a
district or county attorney's office in a rural area. 

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 61.959, Education Code) and SECTION 2 of this
bill. 

ANALYSIS

House Bill 2553 amends the Education Code to require the Texas Higher
Education Coordinating Board (board) to provide assistance in the repayment
of law school education loans for attorneys who  apply to the board, are
currently employed as an attorney by a district or county's office that
serves a rural county, and enter into an agreement to remain employed by
the district or county attorney's office.  The bill authorizes the board to
provide repayment assistance for the repayment of any education loan
received by the attorney through any lender for education at a school of
law authorized by the board to award a degree that satisfies the law study
requirements for licensure  as an attorney in this state.  The bill
prohibits the board from providing repayment assistance for an education
loan that is in default at the time of the attorney's application.  The
bill sets forth  provisions for the agreement that a person must enter into
with the board to qualify for loan repayment.  The bill sets forth the
repayment assistance amounts the board is required to pay.  The bill
authorizes the board to appoint an advisory committee from outside the
board's membership to assist the board in performing the board's duties in
providing repayment assistance.  The bill sets forth provisions for the
funding of the loan repayment assistance program.  The bill requires the
board to adopt rules necessary for the administration of the repayment
assistance, including a rule that sets the maximum amount of loan repayment
assistance that an attorney may receive in one year.  The bill requires the
board to distribute a copy of the adopted rules and pertinent information
to each law school authorized by the board to award law degrees and any
appropriate district or county attorney's office. 

EFFECTIVE DATE

September 1, 2001.