Texas 2013 - 83rd Regular

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11 By: Patrick, Paxton S.B. No. 23
22 (In the Senate - Filed March 8, 2013; March 12, 2013, read
33 first time and referred to Committee on Education; April 17, 2013,
44 reported adversely, with favorable Committee Substitute by the
55 following vote: Yeas 5, Nays 2; April 17, 2013, sent to printer.)
66 COMMITTEE SUBSTITUTE FOR S.B. No. 23 By: Patrick
77
88
99 A BILL TO BE ENTITLED
1010 AN ACT
1111 relating to the establishment of the Texas Equal Opportunity
1212 Scholarship Program.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Chapter 29, Education Code, is amended by adding
1515 Subchapter N to read as follows:
1616 SUBCHAPTER N. TEXAS EQUAL OPPORTUNITY SCHOLARSHIP PROGRAM
1717 Sec. 29.551. DEFINITIONS. In this subchapter:
1818 (1) "Certified organization" means an organization
1919 certified under Section 29.552.
2020 (2) "Eligible student" means a student who meets the
2121 requirements of Section 29.559.
2222 (3) "Opportunity scholarship" means a Texas Equal
2323 Opportunity Scholarship Program scholarship awarded under Section
2424 29.557.
2525 (4) "Qualified nonpublic school" means a school that
2626 meets the requirements of Section 29.560.
2727 Sec. 29.552. CERTIFICATION OF ORGANIZATIONS;
2828 ADMINISTRATION OF PROGRAM. (a) The comptroller may select and
2929 certify not more than three organizations from geographically
3030 diverse areas that meet the eligibility requirements of Section
3131 29.553 to administer the Texas Equal Opportunity Scholarship
3232 Program. The comptroller shall select and certify those
3333 organizations that the comptroller determines are likely to best
3434 administer the program from among the eligible organizations that
3535 apply.
3636 (b) A certified organization may accept donations and award
3737 opportunity scholarships in this state under the conditions and
3838 limitations provided by this subchapter.
3939 Sec. 29.553. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS
4040 APPLYING FOR CERTIFICATION. (a) An organization may apply to the
4141 comptroller for certification under Section 29.552.
4242 (b) An organization is eligible for selection and
4343 certification by the comptroller if the organization:
4444 (1) according to the organization's charter, has the
4545 primary purpose of awarding scholarships to or paying educational
4646 expenses for eligible students in elementary or secondary schools
4747 located in this state;
4848 (2) uses its annual revenue for the purpose provided
4949 by Subdivision (1), except for a portion of the revenue that may be
5050 used for reasonable operating expenses;
5151 (3) is exempt from federal tax under Section 501(a),
5252 Internal Revenue Code of 1986, by being listed as an exempt
5353 organization in Section 501(c)(3) of that code and meeting all
5454 other applicable requirements for that exemption;
5555 (4) is in good standing with this state;
5656 (5) is located in and chartered by this state;
5757 (6) demonstrates, within the previous five-year
5858 period, experience and expertise in awarding scholarships to
5959 students in elementary and secondary schools; and
6060 (7) agrees to be independently audited on an annual
6161 basis and file the audit report with the comptroller if certified.
6262 Sec. 29.554. REQUIREMENTS FOR CERTIFIED ORGANIZATIONS.
6363 (a) A certified organization shall:
6464 (1) comply at all times with the eligibility
6565 requirements under Section 29.553(b);
6666 (2) submit to an annual independent audit under
6767 guidelines provided by the comptroller and file the audit report
6868 with the comptroller;
6969 (3) except as provided by Section 29.556(b),
7070 distribute all money received from donations under this subchapter
7171 within two school years of receipt;
7272 (4) give each donor a receipt for money donated to the
7373 certified organization under this subchapter that includes the name
7474 of the certified organization, the name of the donor, the amount of
7575 the donation, and any other information required by the
7676 comptroller; and
7777 (5) of the amount of money received from donations
7878 made by donors for the purpose of providing scholarships under this
7979 subchapter, including all money donated by entities applying for a
8080 tax credit in connection with the donation under Chapter 230,
8181 Insurance Code, or Subchapter K, Chapter 171, Tax Code:
8282 (A) distribute not less than 95 percent in the
8383 form of opportunity scholarships; and
8484 (B) use not more than five percent to pay
8585 expenses of operating the organization.
8686 (b) A certified organization may not:
8787 (1) award all opportunity scholarships to students who
8888 attend a particular school; or
8989 (2) provide opportunity scholarships in a manner that
9090 does not comply with Sections 29.556 and 29.557.
9191 Sec. 29.555. REVOCATION OF CERTIFICATION. (a) The
9292 comptroller shall revoke a certification under Section 29.552 if
9393 the comptroller finds that a certified organization:
9494 (1) is not in compliance with the requirements of
9595 Section 29.554; or
9696 (2) otherwise intentionally and substantially
9797 violates this subchapter.
9898 (b) Revocation of a certification under this section does
9999 not affect the validity of a tax credit under Chapter 230, Insurance
100100 Code, or Subchapter K, Chapter 171, Tax Code, relating to a donation
101101 made before the date of revocation.
102102 Sec. 29.556. ALLOCATION OF OPPORTUNITY SCHOLARSHIP MONEY.
103103 (a) Except as provided by Subsection (b), of a certified
104104 organization's money available to award opportunity scholarships
105105 for each school year, the certified organization shall use:
106106 (1) at least 90 percent to award opportunity
107107 scholarships under Section 29.557 to eligible students to attend
108108 qualified nonpublic schools in this state; and
109109 (2) not more than 10 percent to award opportunity
110110 scholarships under Section 29.557 to eligible students to attend:
111111 (A) tuition-supported prekindergarten programs
112112 at public schools in this state; or
113113 (B) educational after-school programs, if the
114114 eligible students receiving the opportunity scholarships to attend
115115 after-school programs attend public schools in this state.
116116 (b) If a certified organization awards the maximum
117117 opportunity scholarship to each eligible student described by
118118 Subsection (a)(1) or (2) who applies for a school year but does not
119119 award the amount of the organization's money required to be used or
120120 available for those students for the year, the certified
121121 organization shall carry forward the remaining money for the year
122122 and use the money to award opportunity scholarships to those
123123 students for subsequent school years.
124124 Sec. 29.557. AWARD OF OPPORTUNITY SCHOLARSHIPS. (a) For
125125 each school year a certified organization shall award opportunity
126126 scholarships according to the allocations prescribed by Section
127127 29.556(a) to eligible students who apply as provided by this
128128 section.
129129 (b) A certified organization shall award opportunity
130130 scholarships to applicants according to the following priority
131131 groups in the manner provided by Subsections (c) and (d):
132132 (1) the certified organization shall give first
133133 priority to:
134134 (A) applicants who were awarded an opportunity
135135 scholarship by the certified organization for the current school
136136 year and who are applying to renew the opportunity scholarship for
137137 the next school year; and
138138 (B) siblings of applicants described by
139139 Paragraph (A);
140140 (2) the certified organization shall give second
141141 priority to applicants who currently attend a campus that is
142142 assigned a performance rating of unacceptable performance under
143143 Section 39.054; and
144144 (3) the certified organization shall give third
145145 priority to all other applicants.
146146 (c) A certified organization may not award an opportunity
147147 scholarship to an applicant in the priority group described by
148148 Subsection (b)(2) for a school year unless the certified
149149 organization awards an opportunity scholarship to each eligible
150150 student in the priority group described by Subsection (b)(1) who
151151 applies for that year. A certified organization may not award an
152152 opportunity scholarship to an applicant in the priority group
153153 described by Subsection (b)(3) for a school year unless the
154154 certified organization awards an opportunity scholarship to each
155155 eligible student in the priority groups described by Subsections
156156 (b)(1) and (2) who apply for that year.
157157 (d) If a certified organization is able to award an
158158 opportunity scholarship to one or more, but not all, eligible
159159 students in a priority group described by Subsection (b) who apply,
160160 the certified organization shall use a lottery system to award
161161 opportunity scholarships to eligible students in that group who
162162 apply.
163163 Sec. 29.558. LIMITATION ON AMOUNTS OF OPPORTUNITY
164164 SCHOLARSHIPS. (a) The amount of an opportunity scholarship
165165 awarded for a school year to a student to attend a qualified
166166 nonpublic school or a tuition-supported prekindergarten program at
167167 a public school may not exceed the amount of funding equal to 80
168168 percent of the statewide average amount of state and local funding
169169 provided to school districts under Chapter 42 for a student in
170170 average daily attendance.
171171 (b) The amount of an opportunity scholarship awarded for a
172172 school year to a student to attend an educational after-school
173173 program may not exceed $1,000.
174174 Sec. 29.559. ELIGIBILITY OF STUDENTS. (a) A student is
175175 eligible for an opportunity scholarship if the student:
176176 (1) resides in this state;
177177 (2) attended school for the majority of the preceding
178178 school year or will be attending school for the first time;
179179 (3) is at risk of dropping out of school, as defined by
180180 Section 29.081; and
181181 (4) has a household income, according to the most
182182 recently filed federal income tax returns for members of the
183183 household, not greater than 200 percent of the income guidelines
184184 necessary to qualify for the national free or reduced-price lunch
185185 program established under 42 U.S.C. Section 1751 et seq.
186186 (b) A student who establishes eligibility under Subsection
187187 (a) and receives an opportunity scholarship may continue to receive
188188 an opportunity scholarship until the earlier of the date the
189189 student graduates from high school or reaches 21 years of age.
190190 Sec. 29.560. NONPUBLIC SCHOOL REQUIREMENTS. (a) A
191191 certified organization may not award an opportunity scholarship for
192192 a student to attend a nonpublic school unless the nonpublic school:
193193 (1) is accredited by, or has filed a currently pending
194194 application for accreditation by, an organization that is
195195 recognized by the Texas Private School Accreditation Commission;
196196 (2) annually administers a nationally norm-referenced
197197 assessment instrument or each appropriate assessment instrument
198198 required under Section 39.023;
199199 (3) qualifies as a school at which a student may
200200 fulfill this state's compulsory attendance requirements;
201201 (4) is not in violation of the federal Civil Rights Act
202202 of 1964 (42 U.S.C. Section 2000a et seq.);
203203 (5) holds a valid certificate of occupancy; and
204204 (6) has written policy statements regarding:
205205 (A) admissions;
206206 (B) curriculum;
207207 (C) safety;
208208 (D) food service inspection; and
209209 (E) student to teacher ratios.
210210 (b) A nonpublic school that enrolls or accepts for
211211 enrollment a student who applies for or is awarded an opportunity
212212 scholarship shall provide to the certified organization to which
213213 the student applies or that awards the opportunity scholarship a
214214 notarized affidavit, with supporting documents, showing that the
215215 nonpublic school meets the requirements of Subsection (a).
216216 Sec. 29.561. RULES; PROCEDURES. (a) The comptroller shall
217217 adopt rules and procedures to implement, administer, and enforce
218218 this subchapter.
219219 (b) A rule adopted under Subsection (a) is binding on a
220220 certified organization and on any state or local governmental
221221 entity, including a political subdivision, as necessary to
222222 implement, administer, and enforce this subchapter.
223223 Sec. 29.562. EVALUATION OF PROGRAM. (a) The comptroller
224224 may contract with one or more researchers experienced in evaluating
225225 school choice programs to conduct a study of the Texas Equal
226226 Opportunity Scholarship Program.
227227 (b) The study shall include assessment of:
228228 (1) individual student performance on annual
229229 assessment instruments before and after entering the program;
230230 (2) student satisfaction with the program;
231231 (3) parent satisfaction with the program;
232232 (4) the overall impact of the program on public school
233233 students, on school districts, and on campuses from which the
234234 students transferred; and
235235 (5) the impact of the program on public and private
236236 school capacity, availability, and quality of service.
237237 (c) The study shall implement appropriate safeguards for
238238 student privacy and shall incorporate appropriate analytical and
239239 behavioral science methodologies to ensure public confidence in the
240240 study.
241241 (d) Subject to applicable requirements of law regarding
242242 confidentiality of educational records, a school district or campus
243243 shall provide scores on student assessment instruments and any
244244 other student records necessary to meet the requirements of this
245245 section to a researcher awarded a contract under Subsection (a).
246246 (e) The comptroller may solicit and accept grants to pay the
247247 costs of implementing this section.
248248 (f) The comptroller shall provide the legislature with a
249249 final copy of the study conducted under this section.
250250 (g) This section expires June 1, 2022.
251251 SECTION 2. Subtitle B, Title 3, Insurance Code, is amended
252252 by adding Chapter 230 to read as follows:
253253 CHAPTER 230. CREDIT AGAINST PREMIUM TAXES
254254 FOR DONATIONS TO TEXAS EQUAL OPPORTUNITY SCHOLARSHIP PROGRAM
255255 SUBCHAPTER A. GENERAL PROVISIONS
256256 Sec. 230.001. DEFINITIONS. In this chapter:
257257 (1) "Certified organization" has the meaning assigned
258258 by Section 29.551, Education Code.
259259 (2) "State premium tax liability" means any liability
260260 incurred by an entity under Chapters 221 through 226.
261261 SUBCHAPTER B. CREDIT
262262 Sec. 230.051. ELIGIBILITY. An entity is eligible for a
263263 credit against the entity's state premium tax liability in the
264264 amount and under the conditions and limitations provided by this
265265 chapter.
266266 Sec. 230.052. AMOUNT OF CREDIT; LIMITATIONS. (a) Subject
267267 to Subsections (b) and (c), the amount of the credit is equal to the
268268 lesser of the amount of donations made to a certified organization
269269 or the amount of the entity's state premium tax liability after
270270 applying any other applicable credits.
271271 (b) For the 2014 state fiscal year, the total amount of tax
272272 credits that may be claimed under this chapter and Subchapter K,
273273 Chapter 171, Tax Code, may not exceed $100 million. For each
274274 subsequent state fiscal year, the total amount of tax credits that
275275 may be claimed is equal to the lesser of:
276276 (1) an amount equal to 105 percent of the total amount
277277 of tax credits that may be claimed in the previous state fiscal
278278 year; or
279279 (2) one percent of the total expenditures by public
280280 schools in this state in the preceding state fiscal year as
281281 determined by the comptroller.
282282 (c) The comptroller by rule shall prescribe procedures by
283283 which the comptroller may allocate credits under this chapter and
284284 Subchapter K, Chapter 171, Tax Code. The procedures must provide
285285 that credits are allocated on a first-come, first-served basis,
286286 based on the date the contribution was initially made.
287287 (d) The comptroller may require an entity to notify the
288288 comptroller of the amount the entity intends or expects to claim
289289 under this chapter before the beginning of a state fiscal year or at
290290 any other time required by the comptroller.
291291 (e) An entity is not entitled to have a donation to a
292292 certified organization returned because of a change in the entity's
293293 state premium tax liability or in the amount of the entity's tax
294294 credit allowed under this chapter as a result of a federal or state
295295 audit, assessment, redetermination, amended return, or similar
296296 change in the entity's tax liability. The certified organization
297297 to which an entity makes a donation shall notify the entity of this
298298 provision.
299299 Sec. 230.053. APPLICATION FOR CREDIT. (a) An entity must
300300 apply for a credit under this chapter on or with the tax return for
301301 the taxable year for which the credit is claimed.
302302 (b) The comptroller shall adopt a form for the application
303303 for the credit. An entity must use this form in applying for the
304304 credit. The comptroller shall make the form available in
305305 electronic and paper format in the same manner as other tax forms.
306306 Sec. 230.054. RULES; PROCEDURES. (a) The comptroller
307307 shall adopt rules and procedures to implement, administer, and
308308 enforce this chapter.
309309 (b) A rule adopted under Subsection (a) is binding on a
310310 certified organization and on any state or local governmental
311311 entity, including a political subdivision, as necessary to
312312 implement, administer, and enforce this chapter.
313313 Sec. 230.055. ASSIGNMENT PROHIBITED; EXCEPTION. An entity
314314 may not convey, assign, or transfer the credit allowed under this
315315 chapter to another entity unless all of the assets of the entity are
316316 conveyed, assigned, or transferred in the same transaction.
317317 SECTION 3. Chapter 171, Tax Code, is amended by adding
318318 Subchapter K to read as follows:
319319 SUBCHAPTER K. TAX CREDIT FOR DONATIONS TO TEXAS EQUAL OPPORTUNITY
320320 SCHOLARSHIP PROGRAM
321321 Sec. 171.601. DEFINITION. In this subchapter, "certified
322322 organization" has the meaning assigned by Section 29.551, Education
323323 Code.
324324 Sec. 171.602. ENTITLEMENT TO CREDIT. A taxable entity is
325325 entitled to a credit in the amount and under the conditions and
326326 limitations provided by this subchapter against the tax imposed
327327 under this chapter.
328328 Sec. 171.603. QUALIFICATION. A taxable entity qualifies
329329 for a credit under this subchapter if the taxable entity donates
330330 money to a certified organization.
331331 Sec. 171.604. AMOUNT OF CREDIT; LIMITATIONS. (a) Subject
332332 to Subsections (b) and (c), the amount of the credit is equal to the
333333 lesser of the amount of donations made to a certified organization
334334 during the privilege period or the amount of franchise tax due,
335335 after applying any other applicable credits.
336336 (b) For the 2014 state fiscal year, the total amount of tax
337337 credits that may be claimed by all entities under this subchapter
338338 and Chapter 230, Insurance Code, may not exceed $100 million. For
339339 each subsequent state fiscal year, the total amount of tax credits
340340 that may be claimed is equal to the lesser of:
341341 (1) an amount equal to 105 percent of the total amount
342342 of tax credits that may be claimed in the previous state fiscal
343343 year; or
344344 (2) one percent of the total expenditures by public
345345 schools in this state in the preceding state fiscal year as
346346 determined by the comptroller.
347347 (c) The comptroller by rule shall prescribe procedures by
348348 which the comptroller may allocate credits under this subchapter
349349 and Chapter 230, Insurance Code. The procedures must provide that
350350 credits are allocated on a first-come, first-served basis, based on
351351 the date the contribution was initially made.
352352 (d) The comptroller may require a taxable entity to notify
353353 the comptroller of the amount the taxable entity intends or expects
354354 to claim under this subchapter before the beginning of a state
355355 fiscal year or at any other time required by the comptroller.
356356 (e) A taxable entity is not entitled to have a donation
357357 returned because of a change in the taxable entity's tax liability
358358 under this chapter or in the amount of the taxable entity's tax
359359 credit allowed under this subchapter as a result of a federal or
360360 state audit, assessment, redetermination, amended return, or
361361 similar change in the taxable entity's tax liability. The
362362 certified organization to which a taxable entity makes a donation
363363 shall notify the taxable entity of this provision.
364364 Sec. 171.605. APPLICATION FOR CREDIT. (a) A taxable
365365 entity must apply for a credit under this subchapter on or with the
366366 tax report for the period for which the credit is claimed.
367367 (b) The comptroller shall adopt a form for the application
368368 for the credit. A taxable entity must use this form in applying for
369369 the credit. The comptroller shall make the form available in
370370 electronic and paper format in the same manner as other tax forms.
371371 Sec. 171.606. RULES; PROCEDURES. (a) The comptroller
372372 shall adopt rules and procedures to implement, administer, and
373373 enforce this subchapter.
374374 (b) A rule adopted under Subsection (a) is binding on a
375375 certified organization and on any state or local governmental
376376 entity, including a political subdivision, as necessary to
377377 implement, administer, and enforce this subchapter.
378378 Sec. 171.607. ASSIGNMENT PROHIBITED; EXCEPTION. A taxable
379379 entity may not convey, assign, or transfer the credit allowed under
380380 this subchapter to another taxable entity unless all assets of the
381381 taxable entity are conveyed, assigned, or transferred in the same
382382 transaction.
383383 SECTION 4. (a) The constitutionality and other validity
384384 under the state or federal constitution of all or any part of
385385 Subchapter N, Chapter 29, Education Code, Chapter 230, Insurance
386386 Code, or Subchapter K, Chapter 171, Tax Code, as added by this Act,
387387 may be determined in an action for declaratory judgment in a
388388 district court in Travis County under Chapter 37, Civil Practice
389389 and Remedies Code.
390390 (b) An appeal of a declaratory judgment or order, however
391391 characterized, of a district court, including an appeal of the
392392 judgment of an appellate court, holding or otherwise determining
393393 that all or any part of Subchapter N, Chapter 29, Education Code,
394394 Chapter 230, Insurance Code, or Subchapter K, Chapter 171, Tax
395395 Code, as added by this Act, is constitutional or unconstitutional,
396396 or otherwise valid or invalid, under the state or federal
397397 constitution is an accelerated appeal.
398398 (c) If the judgment or order is interlocutory, an
399399 interlocutory appeal may be taken from the judgment or order and is
400400 an accelerated appeal.
401401 (d) A district court in Travis County may grant or deny a
402402 temporary or otherwise interlocutory injunction or a permanent
403403 injunction on the grounds of the constitutionality or
404404 unconstitutionality, or other validity or invalidity, under the
405405 state or federal constitution of all or any part of Subchapter N,
406406 Chapter 29, Education Code, Chapter 230, Insurance Code, or
407407 Subchapter K, Chapter 171, Tax Code, as added by this Act.
408408 (e) There is a direct appeal to the supreme court from an
409409 order, however characterized, of a trial court granting or denying
410410 a temporary or otherwise interlocutory injunction or a permanent
411411 injunction on the grounds of the constitutionality or
412412 unconstitutionality, or other validity or invalidity, under the
413413 state or federal constitution of all or any part of Subchapter N,
414414 Chapter 29, Education Code, Chapter 230, Insurance Code, or
415415 Subchapter K, Chapter 171, Tax Code, as added by this Act.
416416 (f) The direct appeal is an accelerated appeal.
417417 (g) This section exercises the authority granted by Section
418418 3-b, Article V, Texas Constitution.
419419 (h) The filing of a direct appeal under this section will
420420 automatically stay any temporary or otherwise interlocutory
421421 injunction or permanent injunction granted in accordance with this
422422 section pending final determination by the supreme court, unless
423423 the supreme court makes specific findings that the applicant
424424 seeking such injunctive relief has pleaded and proved that:
425425 (1) the applicant has a probable right to the relief it
426426 seeks on final hearing; and
427427 (2) the applicant will suffer a probable injury that
428428 is imminent and irreparable, and that the applicant has no other
429429 adequate legal remedy.
430430 (i) An appeal under this section, including an
431431 interlocutory, accelerated, or direct appeal, is governed, as
432432 applicable, by the Texas Rules of Appellate Procedure, including
433433 Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),
434434 38.6(a) and (b), 40.1(b), and 49.4.
435435 SECTION 5. A credit may be claimed under Chapter 230,
436436 Insurance Code, or Subchapter K, Chapter 171, Tax Code, as added by
437437 this Act, only for a donation made on or after January 1, 2014.
438438 SECTION 6. Subchapter N, Chapter 29, Education Code, as
439439 added by this Act, applies beginning with the 2013-2014 school
440440 year.
441441 SECTION 7. (a) Except as provided by Subsection (b) of this
442442 section:
443443 (1) this Act takes effect immediately if it receives a
444444 vote of two-thirds of all the members elected to each house, as
445445 provided by Section 39, Article III, Texas Constitution; and
446446 (2) if this Act does not receive the vote necessary for
447447 immediate effect, this Act takes effect September 1, 2013.
448448 (b) Chapter 230, Insurance Code, and Subchapter K, Chapter
449449 171, Tax Code, as added by this Act, take effect January 1, 2014.
450450 * * * * *