1 | 1 | | By: Patrick, Paxton S.B. No. 23 |
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2 | 2 | | (In the Senate - Filed March 8, 2013; March 12, 2013, read |
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3 | 3 | | first time and referred to Committee on Education; April 17, 2013, |
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4 | 4 | | reported adversely, with favorable Committee Substitute by the |
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5 | 5 | | following vote: Yeas 5, Nays 2; April 17, 2013, sent to printer.) |
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6 | 6 | | COMMITTEE SUBSTITUTE FOR S.B. No. 23 By: Patrick |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | A BILL TO BE ENTITLED |
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10 | 10 | | AN ACT |
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11 | 11 | | relating to the establishment of the Texas Equal Opportunity |
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12 | 12 | | Scholarship Program. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Chapter 29, Education Code, is amended by adding |
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15 | 15 | | Subchapter N to read as follows: |
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16 | 16 | | SUBCHAPTER N. TEXAS EQUAL OPPORTUNITY SCHOLARSHIP PROGRAM |
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17 | 17 | | Sec. 29.551. DEFINITIONS. In this subchapter: |
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18 | 18 | | (1) "Certified organization" means an organization |
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19 | 19 | | certified under Section 29.552. |
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20 | 20 | | (2) "Eligible student" means a student who meets the |
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21 | 21 | | requirements of Section 29.559. |
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22 | 22 | | (3) "Opportunity scholarship" means a Texas Equal |
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23 | 23 | | Opportunity Scholarship Program scholarship awarded under Section |
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24 | 24 | | 29.557. |
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25 | 25 | | (4) "Qualified nonpublic school" means a school that |
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26 | 26 | | meets the requirements of Section 29.560. |
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27 | 27 | | Sec. 29.552. CERTIFICATION OF ORGANIZATIONS; |
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28 | 28 | | ADMINISTRATION OF PROGRAM. (a) The comptroller may select and |
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29 | 29 | | certify not more than three organizations from geographically |
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30 | 30 | | diverse areas that meet the eligibility requirements of Section |
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31 | 31 | | 29.553 to administer the Texas Equal Opportunity Scholarship |
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32 | 32 | | Program. The comptroller shall select and certify those |
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33 | 33 | | organizations that the comptroller determines are likely to best |
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34 | 34 | | administer the program from among the eligible organizations that |
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35 | 35 | | apply. |
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36 | 36 | | (b) A certified organization may accept donations and award |
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37 | 37 | | opportunity scholarships in this state under the conditions and |
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38 | 38 | | limitations provided by this subchapter. |
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39 | 39 | | Sec. 29.553. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS |
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40 | 40 | | APPLYING FOR CERTIFICATION. (a) An organization may apply to the |
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41 | 41 | | comptroller for certification under Section 29.552. |
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42 | 42 | | (b) An organization is eligible for selection and |
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43 | 43 | | certification by the comptroller if the organization: |
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44 | 44 | | (1) according to the organization's charter, has the |
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45 | 45 | | primary purpose of awarding scholarships to or paying educational |
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46 | 46 | | expenses for eligible students in elementary or secondary schools |
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47 | 47 | | located in this state; |
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48 | 48 | | (2) uses its annual revenue for the purpose provided |
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49 | 49 | | by Subdivision (1), except for a portion of the revenue that may be |
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50 | 50 | | used for reasonable operating expenses; |
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51 | 51 | | (3) is exempt from federal tax under Section 501(a), |
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52 | 52 | | Internal Revenue Code of 1986, by being listed as an exempt |
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53 | 53 | | organization in Section 501(c)(3) of that code and meeting all |
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54 | 54 | | other applicable requirements for that exemption; |
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55 | 55 | | (4) is in good standing with this state; |
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56 | 56 | | (5) is located in and chartered by this state; |
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57 | 57 | | (6) demonstrates, within the previous five-year |
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58 | 58 | | period, experience and expertise in awarding scholarships to |
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59 | 59 | | students in elementary and secondary schools; and |
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60 | 60 | | (7) agrees to be independently audited on an annual |
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61 | 61 | | basis and file the audit report with the comptroller if certified. |
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62 | 62 | | Sec. 29.554. REQUIREMENTS FOR CERTIFIED ORGANIZATIONS. |
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63 | 63 | | (a) A certified organization shall: |
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64 | 64 | | (1) comply at all times with the eligibility |
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65 | 65 | | requirements under Section 29.553(b); |
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66 | 66 | | (2) submit to an annual independent audit under |
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67 | 67 | | guidelines provided by the comptroller and file the audit report |
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68 | 68 | | with the comptroller; |
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69 | 69 | | (3) except as provided by Section 29.556(b), |
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70 | 70 | | distribute all money received from donations under this subchapter |
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71 | 71 | | within two school years of receipt; |
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72 | 72 | | (4) give each donor a receipt for money donated to the |
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73 | 73 | | certified organization under this subchapter that includes the name |
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74 | 74 | | of the certified organization, the name of the donor, the amount of |
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75 | 75 | | the donation, and any other information required by the |
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76 | 76 | | comptroller; and |
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77 | 77 | | (5) of the amount of money received from donations |
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78 | 78 | | made by donors for the purpose of providing scholarships under this |
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79 | 79 | | subchapter, including all money donated by entities applying for a |
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80 | 80 | | tax credit in connection with the donation under Chapter 230, |
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81 | 81 | | Insurance Code, or Subchapter K, Chapter 171, Tax Code: |
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82 | 82 | | (A) distribute not less than 95 percent in the |
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83 | 83 | | form of opportunity scholarships; and |
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84 | 84 | | (B) use not more than five percent to pay |
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85 | 85 | | expenses of operating the organization. |
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86 | 86 | | (b) A certified organization may not: |
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87 | 87 | | (1) award all opportunity scholarships to students who |
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88 | 88 | | attend a particular school; or |
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89 | 89 | | (2) provide opportunity scholarships in a manner that |
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90 | 90 | | does not comply with Sections 29.556 and 29.557. |
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91 | 91 | | Sec. 29.555. REVOCATION OF CERTIFICATION. (a) The |
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92 | 92 | | comptroller shall revoke a certification under Section 29.552 if |
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93 | 93 | | the comptroller finds that a certified organization: |
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94 | 94 | | (1) is not in compliance with the requirements of |
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95 | 95 | | Section 29.554; or |
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96 | 96 | | (2) otherwise intentionally and substantially |
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97 | 97 | | violates this subchapter. |
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98 | 98 | | (b) Revocation of a certification under this section does |
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99 | 99 | | not affect the validity of a tax credit under Chapter 230, Insurance |
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100 | 100 | | Code, or Subchapter K, Chapter 171, Tax Code, relating to a donation |
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101 | 101 | | made before the date of revocation. |
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102 | 102 | | Sec. 29.556. ALLOCATION OF OPPORTUNITY SCHOLARSHIP MONEY. |
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103 | 103 | | (a) Except as provided by Subsection (b), of a certified |
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104 | 104 | | organization's money available to award opportunity scholarships |
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105 | 105 | | for each school year, the certified organization shall use: |
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106 | 106 | | (1) at least 90 percent to award opportunity |
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107 | 107 | | scholarships under Section 29.557 to eligible students to attend |
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108 | 108 | | qualified nonpublic schools in this state; and |
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109 | 109 | | (2) not more than 10 percent to award opportunity |
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110 | 110 | | scholarships under Section 29.557 to eligible students to attend: |
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111 | 111 | | (A) tuition-supported prekindergarten programs |
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112 | 112 | | at public schools in this state; or |
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113 | 113 | | (B) educational after-school programs, if the |
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114 | 114 | | eligible students receiving the opportunity scholarships to attend |
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115 | 115 | | after-school programs attend public schools in this state. |
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116 | 116 | | (b) If a certified organization awards the maximum |
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117 | 117 | | opportunity scholarship to each eligible student described by |
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118 | 118 | | Subsection (a)(1) or (2) who applies for a school year but does not |
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119 | 119 | | award the amount of the organization's money required to be used or |
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120 | 120 | | available for those students for the year, the certified |
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121 | 121 | | organization shall carry forward the remaining money for the year |
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122 | 122 | | and use the money to award opportunity scholarships to those |
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123 | 123 | | students for subsequent school years. |
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124 | 124 | | Sec. 29.557. AWARD OF OPPORTUNITY SCHOLARSHIPS. (a) For |
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125 | 125 | | each school year a certified organization shall award opportunity |
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126 | 126 | | scholarships according to the allocations prescribed by Section |
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127 | 127 | | 29.556(a) to eligible students who apply as provided by this |
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128 | 128 | | section. |
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129 | 129 | | (b) A certified organization shall award opportunity |
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130 | 130 | | scholarships to applicants according to the following priority |
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131 | 131 | | groups in the manner provided by Subsections (c) and (d): |
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132 | 132 | | (1) the certified organization shall give first |
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133 | 133 | | priority to: |
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134 | 134 | | (A) applicants who were awarded an opportunity |
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135 | 135 | | scholarship by the certified organization for the current school |
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136 | 136 | | year and who are applying to renew the opportunity scholarship for |
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137 | 137 | | the next school year; and |
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138 | 138 | | (B) siblings of applicants described by |
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139 | 139 | | Paragraph (A); |
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140 | 140 | | (2) the certified organization shall give second |
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141 | 141 | | priority to applicants who currently attend a campus that is |
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142 | 142 | | assigned a performance rating of unacceptable performance under |
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143 | 143 | | Section 39.054; and |
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144 | 144 | | (3) the certified organization shall give third |
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145 | 145 | | priority to all other applicants. |
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146 | 146 | | (c) A certified organization may not award an opportunity |
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147 | 147 | | scholarship to an applicant in the priority group described by |
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148 | 148 | | Subsection (b)(2) for a school year unless the certified |
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149 | 149 | | organization awards an opportunity scholarship to each eligible |
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150 | 150 | | student in the priority group described by Subsection (b)(1) who |
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151 | 151 | | applies for that year. A certified organization may not award an |
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152 | 152 | | opportunity scholarship to an applicant in the priority group |
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153 | 153 | | described by Subsection (b)(3) for a school year unless the |
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154 | 154 | | certified organization awards an opportunity scholarship to each |
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155 | 155 | | eligible student in the priority groups described by Subsections |
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156 | 156 | | (b)(1) and (2) who apply for that year. |
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157 | 157 | | (d) If a certified organization is able to award an |
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158 | 158 | | opportunity scholarship to one or more, but not all, eligible |
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159 | 159 | | students in a priority group described by Subsection (b) who apply, |
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160 | 160 | | the certified organization shall use a lottery system to award |
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161 | 161 | | opportunity scholarships to eligible students in that group who |
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162 | 162 | | apply. |
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163 | 163 | | Sec. 29.558. LIMITATION ON AMOUNTS OF OPPORTUNITY |
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164 | 164 | | SCHOLARSHIPS. (a) The amount of an opportunity scholarship |
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165 | 165 | | awarded for a school year to a student to attend a qualified |
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166 | 166 | | nonpublic school or a tuition-supported prekindergarten program at |
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167 | 167 | | a public school may not exceed the amount of funding equal to 80 |
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168 | 168 | | percent of the statewide average amount of state and local funding |
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169 | 169 | | provided to school districts under Chapter 42 for a student in |
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170 | 170 | | average daily attendance. |
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171 | 171 | | (b) The amount of an opportunity scholarship awarded for a |
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172 | 172 | | school year to a student to attend an educational after-school |
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173 | 173 | | program may not exceed $1,000. |
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174 | 174 | | Sec. 29.559. ELIGIBILITY OF STUDENTS. (a) A student is |
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175 | 175 | | eligible for an opportunity scholarship if the student: |
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176 | 176 | | (1) resides in this state; |
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177 | 177 | | (2) attended school for the majority of the preceding |
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178 | 178 | | school year or will be attending school for the first time; |
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179 | 179 | | (3) is at risk of dropping out of school, as defined by |
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180 | 180 | | Section 29.081; and |
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181 | 181 | | (4) has a household income, according to the most |
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182 | 182 | | recently filed federal income tax returns for members of the |
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183 | 183 | | household, not greater than 200 percent of the income guidelines |
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184 | 184 | | necessary to qualify for the national free or reduced-price lunch |
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185 | 185 | | program established under 42 U.S.C. Section 1751 et seq. |
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186 | 186 | | (b) A student who establishes eligibility under Subsection |
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187 | 187 | | (a) and receives an opportunity scholarship may continue to receive |
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188 | 188 | | an opportunity scholarship until the earlier of the date the |
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189 | 189 | | student graduates from high school or reaches 21 years of age. |
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190 | 190 | | Sec. 29.560. NONPUBLIC SCHOOL REQUIREMENTS. (a) A |
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191 | 191 | | certified organization may not award an opportunity scholarship for |
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192 | 192 | | a student to attend a nonpublic school unless the nonpublic school: |
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193 | 193 | | (1) is accredited by, or has filed a currently pending |
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194 | 194 | | application for accreditation by, an organization that is |
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195 | 195 | | recognized by the Texas Private School Accreditation Commission; |
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196 | 196 | | (2) annually administers a nationally norm-referenced |
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197 | 197 | | assessment instrument or each appropriate assessment instrument |
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198 | 198 | | required under Section 39.023; |
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199 | 199 | | (3) qualifies as a school at which a student may |
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200 | 200 | | fulfill this state's compulsory attendance requirements; |
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201 | 201 | | (4) is not in violation of the federal Civil Rights Act |
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202 | 202 | | of 1964 (42 U.S.C. Section 2000a et seq.); |
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203 | 203 | | (5) holds a valid certificate of occupancy; and |
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204 | 204 | | (6) has written policy statements regarding: |
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205 | 205 | | (A) admissions; |
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206 | 206 | | (B) curriculum; |
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207 | 207 | | (C) safety; |
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208 | 208 | | (D) food service inspection; and |
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209 | 209 | | (E) student to teacher ratios. |
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210 | 210 | | (b) A nonpublic school that enrolls or accepts for |
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211 | 211 | | enrollment a student who applies for or is awarded an opportunity |
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212 | 212 | | scholarship shall provide to the certified organization to which |
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213 | 213 | | the student applies or that awards the opportunity scholarship a |
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214 | 214 | | notarized affidavit, with supporting documents, showing that the |
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215 | 215 | | nonpublic school meets the requirements of Subsection (a). |
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216 | 216 | | Sec. 29.561. RULES; PROCEDURES. (a) The comptroller shall |
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217 | 217 | | adopt rules and procedures to implement, administer, and enforce |
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218 | 218 | | this subchapter. |
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219 | 219 | | (b) A rule adopted under Subsection (a) is binding on a |
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220 | 220 | | certified organization and on any state or local governmental |
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221 | 221 | | entity, including a political subdivision, as necessary to |
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222 | 222 | | implement, administer, and enforce this subchapter. |
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223 | 223 | | Sec. 29.562. EVALUATION OF PROGRAM. (a) The comptroller |
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224 | 224 | | may contract with one or more researchers experienced in evaluating |
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225 | 225 | | school choice programs to conduct a study of the Texas Equal |
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226 | 226 | | Opportunity Scholarship Program. |
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227 | 227 | | (b) The study shall include assessment of: |
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228 | 228 | | (1) individual student performance on annual |
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229 | 229 | | assessment instruments before and after entering the program; |
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230 | 230 | | (2) student satisfaction with the program; |
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231 | 231 | | (3) parent satisfaction with the program; |
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232 | 232 | | (4) the overall impact of the program on public school |
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233 | 233 | | students, on school districts, and on campuses from which the |
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234 | 234 | | students transferred; and |
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235 | 235 | | (5) the impact of the program on public and private |
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236 | 236 | | school capacity, availability, and quality of service. |
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237 | 237 | | (c) The study shall implement appropriate safeguards for |
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238 | 238 | | student privacy and shall incorporate appropriate analytical and |
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239 | 239 | | behavioral science methodologies to ensure public confidence in the |
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240 | 240 | | study. |
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241 | 241 | | (d) Subject to applicable requirements of law regarding |
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242 | 242 | | confidentiality of educational records, a school district or campus |
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243 | 243 | | shall provide scores on student assessment instruments and any |
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244 | 244 | | other student records necessary to meet the requirements of this |
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245 | 245 | | section to a researcher awarded a contract under Subsection (a). |
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246 | 246 | | (e) The comptroller may solicit and accept grants to pay the |
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247 | 247 | | costs of implementing this section. |
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248 | 248 | | (f) The comptroller shall provide the legislature with a |
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249 | 249 | | final copy of the study conducted under this section. |
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250 | 250 | | (g) This section expires June 1, 2022. |
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251 | 251 | | SECTION 2. Subtitle B, Title 3, Insurance Code, is amended |
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252 | 252 | | by adding Chapter 230 to read as follows: |
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253 | 253 | | CHAPTER 230. CREDIT AGAINST PREMIUM TAXES |
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254 | 254 | | FOR DONATIONS TO TEXAS EQUAL OPPORTUNITY SCHOLARSHIP PROGRAM |
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255 | 255 | | SUBCHAPTER A. GENERAL PROVISIONS |
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256 | 256 | | Sec. 230.001. DEFINITIONS. In this chapter: |
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257 | 257 | | (1) "Certified organization" has the meaning assigned |
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258 | 258 | | by Section 29.551, Education Code. |
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259 | 259 | | (2) "State premium tax liability" means any liability |
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260 | 260 | | incurred by an entity under Chapters 221 through 226. |
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261 | 261 | | SUBCHAPTER B. CREDIT |
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262 | 262 | | Sec. 230.051. ELIGIBILITY. An entity is eligible for a |
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263 | 263 | | credit against the entity's state premium tax liability in the |
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264 | 264 | | amount and under the conditions and limitations provided by this |
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265 | 265 | | chapter. |
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266 | 266 | | Sec. 230.052. AMOUNT OF CREDIT; LIMITATIONS. (a) Subject |
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267 | 267 | | to Subsections (b) and (c), the amount of the credit is equal to the |
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268 | 268 | | lesser of the amount of donations made to a certified organization |
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269 | 269 | | or the amount of the entity's state premium tax liability after |
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270 | 270 | | applying any other applicable credits. |
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271 | 271 | | (b) For the 2014 state fiscal year, the total amount of tax |
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272 | 272 | | credits that may be claimed under this chapter and Subchapter K, |
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273 | 273 | | Chapter 171, Tax Code, may not exceed $100 million. For each |
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274 | 274 | | subsequent state fiscal year, the total amount of tax credits that |
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275 | 275 | | may be claimed is equal to the lesser of: |
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276 | 276 | | (1) an amount equal to 105 percent of the total amount |
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277 | 277 | | of tax credits that may be claimed in the previous state fiscal |
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278 | 278 | | year; or |
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279 | 279 | | (2) one percent of the total expenditures by public |
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280 | 280 | | schools in this state in the preceding state fiscal year as |
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281 | 281 | | determined by the comptroller. |
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282 | 282 | | (c) The comptroller by rule shall prescribe procedures by |
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283 | 283 | | which the comptroller may allocate credits under this chapter and |
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284 | 284 | | Subchapter K, Chapter 171, Tax Code. The procedures must provide |
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285 | 285 | | that credits are allocated on a first-come, first-served basis, |
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286 | 286 | | based on the date the contribution was initially made. |
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287 | 287 | | (d) The comptroller may require an entity to notify the |
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288 | 288 | | comptroller of the amount the entity intends or expects to claim |
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289 | 289 | | under this chapter before the beginning of a state fiscal year or at |
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290 | 290 | | any other time required by the comptroller. |
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291 | 291 | | (e) An entity is not entitled to have a donation to a |
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292 | 292 | | certified organization returned because of a change in the entity's |
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293 | 293 | | state premium tax liability or in the amount of the entity's tax |
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294 | 294 | | credit allowed under this chapter as a result of a federal or state |
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295 | 295 | | audit, assessment, redetermination, amended return, or similar |
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296 | 296 | | change in the entity's tax liability. The certified organization |
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297 | 297 | | to which an entity makes a donation shall notify the entity of this |
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298 | 298 | | provision. |
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299 | 299 | | Sec. 230.053. APPLICATION FOR CREDIT. (a) An entity must |
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300 | 300 | | apply for a credit under this chapter on or with the tax return for |
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301 | 301 | | the taxable year for which the credit is claimed. |
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302 | 302 | | (b) The comptroller shall adopt a form for the application |
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303 | 303 | | for the credit. An entity must use this form in applying for the |
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304 | 304 | | credit. The comptroller shall make the form available in |
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305 | 305 | | electronic and paper format in the same manner as other tax forms. |
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306 | 306 | | Sec. 230.054. RULES; PROCEDURES. (a) The comptroller |
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307 | 307 | | shall adopt rules and procedures to implement, administer, and |
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308 | 308 | | enforce this chapter. |
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309 | 309 | | (b) A rule adopted under Subsection (a) is binding on a |
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310 | 310 | | certified organization and on any state or local governmental |
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311 | 311 | | entity, including a political subdivision, as necessary to |
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312 | 312 | | implement, administer, and enforce this chapter. |
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313 | 313 | | Sec. 230.055. ASSIGNMENT PROHIBITED; EXCEPTION. An entity |
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314 | 314 | | may not convey, assign, or transfer the credit allowed under this |
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315 | 315 | | chapter to another entity unless all of the assets of the entity are |
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316 | 316 | | conveyed, assigned, or transferred in the same transaction. |
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317 | 317 | | SECTION 3. Chapter 171, Tax Code, is amended by adding |
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318 | 318 | | Subchapter K to read as follows: |
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319 | 319 | | SUBCHAPTER K. TAX CREDIT FOR DONATIONS TO TEXAS EQUAL OPPORTUNITY |
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320 | 320 | | SCHOLARSHIP PROGRAM |
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321 | 321 | | Sec. 171.601. DEFINITION. In this subchapter, "certified |
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322 | 322 | | organization" has the meaning assigned by Section 29.551, Education |
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323 | 323 | | Code. |
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324 | 324 | | Sec. 171.602. ENTITLEMENT TO CREDIT. A taxable entity is |
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325 | 325 | | entitled to a credit in the amount and under the conditions and |
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326 | 326 | | limitations provided by this subchapter against the tax imposed |
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327 | 327 | | under this chapter. |
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328 | 328 | | Sec. 171.603. QUALIFICATION. A taxable entity qualifies |
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329 | 329 | | for a credit under this subchapter if the taxable entity donates |
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330 | 330 | | money to a certified organization. |
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331 | 331 | | Sec. 171.604. AMOUNT OF CREDIT; LIMITATIONS. (a) Subject |
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332 | 332 | | to Subsections (b) and (c), the amount of the credit is equal to the |
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333 | 333 | | lesser of the amount of donations made to a certified organization |
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334 | 334 | | during the privilege period or the amount of franchise tax due, |
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335 | 335 | | after applying any other applicable credits. |
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336 | 336 | | (b) For the 2014 state fiscal year, the total amount of tax |
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337 | 337 | | credits that may be claimed by all entities under this subchapter |
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338 | 338 | | and Chapter 230, Insurance Code, may not exceed $100 million. For |
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339 | 339 | | each subsequent state fiscal year, the total amount of tax credits |
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340 | 340 | | that may be claimed is equal to the lesser of: |
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341 | 341 | | (1) an amount equal to 105 percent of the total amount |
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342 | 342 | | of tax credits that may be claimed in the previous state fiscal |
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343 | 343 | | year; or |
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344 | 344 | | (2) one percent of the total expenditures by public |
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345 | 345 | | schools in this state in the preceding state fiscal year as |
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346 | 346 | | determined by the comptroller. |
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347 | 347 | | (c) The comptroller by rule shall prescribe procedures by |
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348 | 348 | | which the comptroller may allocate credits under this subchapter |
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349 | 349 | | and Chapter 230, Insurance Code. The procedures must provide that |
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350 | 350 | | credits are allocated on a first-come, first-served basis, based on |
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351 | 351 | | the date the contribution was initially made. |
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352 | 352 | | (d) The comptroller may require a taxable entity to notify |
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353 | 353 | | the comptroller of the amount the taxable entity intends or expects |
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354 | 354 | | to claim under this subchapter before the beginning of a state |
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355 | 355 | | fiscal year or at any other time required by the comptroller. |
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356 | 356 | | (e) A taxable entity is not entitled to have a donation |
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357 | 357 | | returned because of a change in the taxable entity's tax liability |
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358 | 358 | | under this chapter or in the amount of the taxable entity's tax |
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359 | 359 | | credit allowed under this subchapter as a result of a federal or |
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360 | 360 | | state audit, assessment, redetermination, amended return, or |
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361 | 361 | | similar change in the taxable entity's tax liability. The |
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362 | 362 | | certified organization to which a taxable entity makes a donation |
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363 | 363 | | shall notify the taxable entity of this provision. |
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364 | 364 | | Sec. 171.605. APPLICATION FOR CREDIT. (a) A taxable |
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365 | 365 | | entity must apply for a credit under this subchapter on or with the |
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366 | 366 | | tax report for the period for which the credit is claimed. |
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367 | 367 | | (b) The comptroller shall adopt a form for the application |
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368 | 368 | | for the credit. A taxable entity must use this form in applying for |
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369 | 369 | | the credit. The comptroller shall make the form available in |
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370 | 370 | | electronic and paper format in the same manner as other tax forms. |
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371 | 371 | | Sec. 171.606. RULES; PROCEDURES. (a) The comptroller |
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372 | 372 | | shall adopt rules and procedures to implement, administer, and |
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373 | 373 | | enforce this subchapter. |
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374 | 374 | | (b) A rule adopted under Subsection (a) is binding on a |
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375 | 375 | | certified organization and on any state or local governmental |
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376 | 376 | | entity, including a political subdivision, as necessary to |
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377 | 377 | | implement, administer, and enforce this subchapter. |
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378 | 378 | | Sec. 171.607. ASSIGNMENT PROHIBITED; EXCEPTION. A taxable |
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379 | 379 | | entity may not convey, assign, or transfer the credit allowed under |
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380 | 380 | | this subchapter to another taxable entity unless all assets of the |
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381 | 381 | | taxable entity are conveyed, assigned, or transferred in the same |
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382 | 382 | | transaction. |
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383 | 383 | | SECTION 4. (a) The constitutionality and other validity |
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384 | 384 | | under the state or federal constitution of all or any part of |
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385 | 385 | | Subchapter N, Chapter 29, Education Code, Chapter 230, Insurance |
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386 | 386 | | Code, or Subchapter K, Chapter 171, Tax Code, as added by this Act, |
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387 | 387 | | may be determined in an action for declaratory judgment in a |
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388 | 388 | | district court in Travis County under Chapter 37, Civil Practice |
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389 | 389 | | and Remedies Code. |
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390 | 390 | | (b) An appeal of a declaratory judgment or order, however |
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391 | 391 | | characterized, of a district court, including an appeal of the |
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392 | 392 | | judgment of an appellate court, holding or otherwise determining |
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393 | 393 | | that all or any part of Subchapter N, Chapter 29, Education Code, |
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394 | 394 | | Chapter 230, Insurance Code, or Subchapter K, Chapter 171, Tax |
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395 | 395 | | Code, as added by this Act, is constitutional or unconstitutional, |
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396 | 396 | | or otherwise valid or invalid, under the state or federal |
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397 | 397 | | constitution is an accelerated appeal. |
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398 | 398 | | (c) If the judgment or order is interlocutory, an |
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399 | 399 | | interlocutory appeal may be taken from the judgment or order and is |
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400 | 400 | | an accelerated appeal. |
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401 | 401 | | (d) A district court in Travis County may grant or deny a |
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402 | 402 | | temporary or otherwise interlocutory injunction or a permanent |
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403 | 403 | | injunction on the grounds of the constitutionality or |
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404 | 404 | | unconstitutionality, or other validity or invalidity, under the |
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405 | 405 | | state or federal constitution of all or any part of Subchapter N, |
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406 | 406 | | Chapter 29, Education Code, Chapter 230, Insurance Code, or |
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407 | 407 | | Subchapter K, Chapter 171, Tax Code, as added by this Act. |
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408 | 408 | | (e) There is a direct appeal to the supreme court from an |
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409 | 409 | | order, however characterized, of a trial court granting or denying |
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410 | 410 | | a temporary or otherwise interlocutory injunction or a permanent |
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411 | 411 | | injunction on the grounds of the constitutionality or |
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412 | 412 | | unconstitutionality, or other validity or invalidity, under the |
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413 | 413 | | state or federal constitution of all or any part of Subchapter N, |
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414 | 414 | | Chapter 29, Education Code, Chapter 230, Insurance Code, or |
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415 | 415 | | Subchapter K, Chapter 171, Tax Code, as added by this Act. |
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416 | 416 | | (f) The direct appeal is an accelerated appeal. |
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417 | 417 | | (g) This section exercises the authority granted by Section |
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418 | 418 | | 3-b, Article V, Texas Constitution. |
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419 | 419 | | (h) The filing of a direct appeal under this section will |
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420 | 420 | | automatically stay any temporary or otherwise interlocutory |
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421 | 421 | | injunction or permanent injunction granted in accordance with this |
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422 | 422 | | section pending final determination by the supreme court, unless |
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423 | 423 | | the supreme court makes specific findings that the applicant |
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424 | 424 | | seeking such injunctive relief has pleaded and proved that: |
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425 | 425 | | (1) the applicant has a probable right to the relief it |
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426 | 426 | | seeks on final hearing; and |
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427 | 427 | | (2) the applicant will suffer a probable injury that |
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428 | 428 | | is imminent and irreparable, and that the applicant has no other |
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429 | 429 | | adequate legal remedy. |
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430 | 430 | | (i) An appeal under this section, including an |
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431 | 431 | | interlocutory, accelerated, or direct appeal, is governed, as |
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432 | 432 | | applicable, by the Texas Rules of Appellate Procedure, including |
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433 | 433 | | Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1), |
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434 | 434 | | 38.6(a) and (b), 40.1(b), and 49.4. |
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435 | 435 | | SECTION 5. A credit may be claimed under Chapter 230, |
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436 | 436 | | Insurance Code, or Subchapter K, Chapter 171, Tax Code, as added by |
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437 | 437 | | this Act, only for a donation made on or after January 1, 2014. |
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438 | 438 | | SECTION 6. Subchapter N, Chapter 29, Education Code, as |
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439 | 439 | | added by this Act, applies beginning with the 2013-2014 school |
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440 | 440 | | year. |
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441 | 441 | | SECTION 7. (a) Except as provided by Subsection (b) of this |
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442 | 442 | | section: |
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443 | 443 | | (1) this Act takes effect immediately if it receives a |
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444 | 444 | | vote of two-thirds of all the members elected to each house, as |
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445 | 445 | | provided by Section 39, Article III, Texas Constitution; and |
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446 | 446 | | (2) if this Act does not receive the vote necessary for |
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447 | 447 | | immediate effect, this Act takes effect September 1, 2013. |
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448 | 448 | | (b) Chapter 230, Insurance Code, and Subchapter K, Chapter |
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449 | 449 | | 171, Tax Code, as added by this Act, take effect January 1, 2014. |
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450 | 450 | | * * * * * |
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