Texas 2017 - 85th Regular

Texas House Bill HB1335 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Simmons H.B. No. 1335
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of an education savings account
7	7	program for certain children with special needs and other
8	8	educational disadvantages.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 29, Education Code, is amended by adding
11	11	Subchapter J to read as follows:
12	12	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
13	13	Sec. 29.351. DEFINITIONS. In this subchapter:
14	14	(1) "Account" means an education savings account
15	15	established under the program.
16	16	(2) "Child with a disability" means a child who is:
17	17	(A) eligible to participate in a school
18	18	district's special education program under Section 29.003; or
19	19	(B) covered by Section 504, Rehabilitation Act of
20	20	1973 (29 U.S.C. Section 794).
21	21	(3) "Curriculum" means a complete course of study for
22	22	a particular content area or grade level.
23	23	(4) "Financial institution" means a bank, credit
24	24	union, savings bank, or savings and loan association organized
25	25	under the laws of this state, the laws of another state, or federal
26	26	law that has its main office or a branch office in this state. The
27	27	term does not include any institution the deposits of which are not
28	28	insured by the Federal Deposit Insurance Corporation or the
29	29	National Credit Union Administration.
30	30	(5) "Parent" means a resident of this state who is a
31	31	natural or adoptive parent, managing or possessory conservator,
32	32	legal guardian, custodian, or other person with legal authority to
33	33	act on behalf of a child.
34	34	(6) "Postsecondary educational institution" means:
35	35	(A) an institution of higher education or a
36	36	private or independent institution of higher education as defined
37	37	by Section 61.003; or
38	38	(B) a career school or college as defined by
39	39	Section 132.001.
40	40	(7) "Program" means the education savings account
41	41	program established under this subchapter.
42	42	(8) "Program participant" means a child and a parent
43	43	of a child enrolled in the program.
44	44	Sec. 29.352. PURPOSES. The purposes of the education
45	45	savings account program are to:
46	46	(1) improve public schools and overall academic
47	47	performance;
48	48	(2) promote efficiency;
49	49	(3) promote and preserve the liberties and rights of
50	50	the people; and
51	51	(4) increase parental options.
52	52	Sec. 29.353. ESTABLISHMENT OF PROGRAM. (a) The
53	53	comptroller shall establish and administer an education savings
54	54	account program to provide funding for certain education-related
55	55	expenses of eligible children.
56	56	(b) The comptroller, with cooperation from the agency,
57	57	shall ensure that information about the program is readily
58	58	available to the public through various sources, including the
59	59	comptroller's Internet website. The comptroller shall make
60	60	information about the program available to parents of an eligible
61	61	child through the comptroller's Internet website.
62	62	Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to
63	63	participate in the program if the child is eligible to attend a
64	64	public school under Section 25.001 and:
65	65	(1) is a child with a disability;
66	66	(2) is in the conservatorship of the Department of
67	67	Family and Protective Services;
68	68	(3) has been:
69	69	(A) on or after September 1, 2017, found by a
70	70	school district to be a victim of bullying, as defined by Section
71	71	37.0832; or
72	72	(B) found by a court or jury to have engaged in
73	73	truant conduct under Section 65.101, Family Code;
74	74	(4) has dropped out of school or is a student at risk
75	75	of dropping out of school, as defined by Section 29.081, other than
76	76	a student described by Section 29.081(d)(12);
77	77	(5) is a homeless child or youth as described by 42
78	78	U.S.C. Section 11434a; or
79	79	(6) has been, as determined by the comptroller, a
80	80	victim of an offense described by any of the following sections of
81	81	the Penal Code:
82	82	(A) Section 20A.02 (Trafficking of Persons);
83	83	(B) Section 20A.03 (Continuous Trafficking of
84	84	Persons);
85	85	(C) Section 21.02 (Continuous Sexual Abuse of
86	86	Young Child or Children);
87	87	(D) Section 21.11 (Indecency with a Child);
88	88	(E) Section 22.011 (Sexual Assault);
89	89	(F) Section 22.021 (Aggravated Sexual Assault);
90	90	or
91	91	(G) Section 43.05 (Compelling Prostitution).
92	92	(b) A child who establishes eligibility under this section
93	93	may participate in the program until the earliest of the following
94	94	dates:
95	95	(1) the date on which the child no longer meets the
96	96	eligibility requirements under Subsection (a);
97	97	(2) the date that is three months after the date on
98	98	which the child either:
99	99	(i) graduates from high school; or,
100	100	(ii) receives a high school equivalency
101	101	certificate under Education Code Section 7.111;
102	102	(3) the date on which the child enrolls in a public
103	103	school, including an open-enrollment charter school; or
104	104	(4) the date on which the child is declared ineligible
105	105	for the program by the comptroller under this subchapter.
106	106	(c) Notwithstanding Subsection (b), the comptroller shall
107	107	establish guidelines for, in the least disruptive manner possible:
108	108	(1) a child participating in the program to cease
109	109	participation and enroll in a public school, including an
110	110	open-enrollment charter school; and
111	111	(2) a child who previously participated in the program
112	112	and subsequently enrolled in a public school, including an
113	113	open-enrollment charter school, to resume participation in the
114	114	program.
115	115	Sec. 29.355. ENROLLMENT IN PROGRAM. (a) A parent of an
116	116	eligible child may enroll the child in the program for the following
117	117	school year.
118	118	(b) The comptroller shall by rule create an enrollment form
119	119	for the program and make the enrollment form readily available to
120	120	interested parents through various sources, including the
121	121	comptroller's Internet website.
122	122	(c) The comptroller shall work with the agency to include
123	123	necessary information in the enrollment form including resident
124	124	school district, last public school attended, information
125	125	necessary to identify the student in district and agency
126	126	information systems, and eligibility for free and reduced lunch.
127	127	(d) The comptroller shall provide to each parent who submits
128	128	an enrollment form a publication that describes the operation of
129	129	the program, including:
130	130	(1) expenses allowed under the program under Section
131	131	29.357;
132	132	(2) expense reporting requirements; and
133	133	(3) a description of the responsibilities of program
134	134	participants and the duties of the comptroller under this
135	135	subchapter.
136	136	Sec. 29.356. PARTICIPATION IN PROGRAM. (a) To receive
137	137	funding under the program, a parent of an eligible child must agree
138	138	to:
139	139	(1) spend funds received through the program only for
140	140	expenses allowed under Section 29.357;
141	141	(2) notify the comptroller if the child enrolls in a
142	142	public school, including an open-enrollment charter school, not
143	143	later than the 30th day after the date of enrollment; and
144	144	(3) inform the comptroller if the child graduates from
145	145	high school.
146	146	(b) The parent of a child participating in the program is
147	147	the trustee of the child's account.
148	148	(c) The comptroller shall provide annually to each program
149	149	participant the publication provided under Section 29.355(c).
150	150	Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES. (a)
151	151	Funds received under the program may be used only for the following
152	152	expenses incurred by a program participant:
153	153	(1) tuition and fees:
154	154	(A) at a private school accredited by an
155	155	organization that is recognized by the Texas Private School
156	156	Accreditation Commission;
157	157	(B) at a postsecondary educational institution
158	158	for courses eligible for the College Credit Program at Education
159	159	Code Sec. 28.009 for which the student may receive high school
160	160	credit based on the written agreement drawn up by the partner
161	161	institutions; or
162	162	(C) for an online educational course or program
163	163	through the State Virtual School Network as provided at Education
164	164	Code Chapter 30A for which the student may earn primary or secondary
165	165	school credit;
166	166	(2) the purchase of textbooks or other instructional
167	167	materials;
168	168	(3) payments for the purchase of a curriculum;
169	169	(4) fees for classes or other educational services
170	170	provided by a public school, if the classes or services do not
171	171	qualify the child to be included in the school's average daily
172	172	attendance;
173	173	(5) fees for services provided by a private tutor or
174	174	teaching service;
175	175	(6) for a child with a disability, fees for
176	176	educational therapies or services provided by a practitioner or
177	177	provider, only for fees that are not covered by any federal, state,
178	178	or local government benefits (including Medicaid and the
179	179	Children's Health Insurance Program) or by any private insurance
180	180	that the child is enrolled in at the time of receiving the
181	181	therapies or services;
182	182	(7) costs of computer hardware and software and other
183	183	technological devices which must have a clear ability to be used for
184	184	educational purposes, not to exceed in any year 10 percent of the
185	185	total amount paid to the program participant's account that year;
186	186	(8) fees for a nationally norm-referenced achievement
187	187	test or examination, an assessment instrument adopted by the agency
188	188	under Section 39.023, an advanced placement test or similar
189	189	examination, or any examination related to college or university
190	190	admission;
191	191	(9) contributions to a qualified tuition program
192	192	established for the child that meets the requirements of Section
193	193	529 or 530, Internal Revenue Code of 1986, not to exceed in any year
194	194	25 percent of the total amount paid to the program participant's
195	195	account that year; and
196	196	(10) fees for the management of the participant's
197	197	account charged by a financial institution.
198	198	(b) Expenses allowed under Subsection (a) do not include
199	199	expenses for:
200	200	(1) consumable supplies, including paper, pens,
201	201	pencils, folders, and notebooks;
202	202	(2) food; or
203	203	(3) before-school or after-school child care and child
204	204	care during school holidays and vacations.
205	205	(c) An education service provider or vendor of educational
206	206	products must provide a program participant with a receipt for each
207	207	expense allowed under Subsection (a) charged by the provider or
208	208	vendor to the participant.
209	209	(d) The content or religious nature of a product or service
210	210	may not be considered in determining whether a payment for the
211	211	product or service is an expense allowed under Subsection (a).
212	212	(e) A finding that a program participant used funds
213	213	distributed under the program to pay for an expense not allowed
214	214	under Subsection (a) does not affect the validity of any payment
215	215	made by the participant for an expense that is allowed under that
216	216	subsection.
217	217	Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent of
218	218	an eligible child as described in Section 29.354 shall receive each
219	219	year that the child participates in the program a payment from the
220	220	Foundation School Program to the child's account in an amount that
221	221	is equal to 90 percent of the greater of, presuming 100% attendance
222	222	rate:
223	223	(1) Funding the students would have generated in both
224	224	state and local funds at their resident district excluding
225	225	Subchapter C, Chapter 42 except for Sections 42.151, 42.152 and
226	226	42.160 which shall be based on funding factors for which the student
227	227	qualified from the most recent year in attendance at a public school
228	228	unless enrollment in the program under this subchapter indicates a
229	229	change in eligibility status for those funding sections; or
230	230	(2) Funding the student would have generated in both
231	231	state and local funds at their resident district excluding
232	232	Subchapter C, Chapter 42 except for Sections 42.151, 42.152 and
233	233	42.160 which shall be based on the average at the resident district
234	234	of each special allotment under Sections 42.151 and 42.152, for
235	235	which the student's enrollment in the program under this subchapter
236	236	indicates eligibility.
237	237	(b) If the child is eligible to participate based on more
238	238	than one group listed in Section 29.354(a), the payment under this
239	239	subsection is based on the group that would result in the greatest
240	240	payment amount.
241	241	(c) Any funds remaining in a child's account at the end of a
242	242	fiscal year are carried forward to the next fiscal year unless
243	243	another provision of this subchapter mandates the closure of the
244	244	account.
245	245	(d) The parent of a child participating in the program may
246	246	make payments for the expenses of educational programs, services,
247	247	and products not covered by funds in the child's account.
248	248	(e) A payment under the program may not be financed using
249	249	federal funds or money appropriated from the available school
250	250	fund.
251	251	Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The
252	252	comptroller may contract with one or more financial institutions to
253	253	establish and manage an account for each child participating in the
254	254	program. A program participant must be able to access the
255	255	participant's account by using a debit card or online or electronic
256	256	transfer payment service.
257	257	(b) The comptroller shall make quarterly payments to each
258	258	program participant's account in equal amounts on or before the
259	259	15th day of August, November, February, and May.
260	260	(c) The comptroller may deduct an amount from each quarterly
261	261	payment to a program participant's account to cover the
262	262	comptroller's cost of administering the program. The amount
263	263	deducted may not exceed three percent of the payment.
264	264	(d) Within the first month following the end of each fiscal
265	265	year, the comptroller shall reconcile payments made to and from all
266	266	accounts under the program.
267	267	(e) The comptroller shall coordinate as necessary to
268	268	calculate annually the savings to the state from the implementation
269	269	of the program.
270	270	(f) On the date on which a child ceases to participate in the
271	271	program for any reason, the child's account is closed and any
272	272	remaining funds are returned to the state for deposit in the
273	273	foundation school fund. This subsection does not affect a child's
274	274	eligibility to resume participation in the program.
275	275	(g) The comptroller may contract with a private entity to
276	276	administer all or any part of the program.
277	277	Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The
278	278	comptroller shall randomly audit, or contract with a private entity
279	279	to randomly audit, accounts as necessary to ensure compliance with
280	280	applicable law and the requirements of the program.
281	281	(b) In auditing an account, the comptroller or private
282	282	entity may require that a program participant provide further
283	283	information and documentation regarding any payment from the
284	284	participant's account.
285	285	(c) The private entity shall report to the comptroller any
286	286	violation of this subchapter or other relevant law found by the
287	287	entity during an audit conducted under this section.
288	288	Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The comptroller
289	289	shall suspend the account of a program participant who fails to
290	290	comply with applicable law or a requirement of the program,
291	291	including a requirement under Section 29.356(a), or who
292	292	substantially misuses funds received under the program.
293	293	(b) On suspension of an account under Subsection (a), the
294	294	comptroller shall notify the participant in writing that the
295	295	account has been suspended and that no further payments may be made
296	296	from the account. The notification must specify the grounds for the
297	297	suspension and state that the participant has 10 business days to
298	298	respond and take any corrective action required by the comptroller.
299	299	(c) On the expiration of the 10-day period under Subsection
300	300	(b), the comptroller shall:
301	301	(1) order permanent closure of the suspended account
302	302	and declare the participant ineligible for the program;
303	303	(2) order temporary reinstatement of the account,
304	304	conditioned on the performance of a specified action by the
305	305	participant; or
306	306	(3) order full reinstatement of the account.
307	307	(d) If a program participant's account is suspended or
308	308	closed under this section, the comptroller may recover funds that
309	309	were used for expenses not allowed under Section 29.357(a) from the
310	310	participant or the entity that received the funds.
311	311	Sec. 29.362. TUITION AND FEES; REFUND PROHIBITED. (a) An
312	312	education service provider may not charge a child participating in
313	313	the program an amount greater than the standard amount charged for
314	314	that service by the provider.
315	315	(b) An education service provider or a vendor of educational
316	316	products receiving funds distributed under the program may not in
317	317	any manner rebate, refund, or credit to or share with a program
318	318	participant, or any person on behalf of a participant, any program
319	319	funds paid or owed by the participant to the provider or vendor.
320	320	Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the
321	321	comptroller obtains evidence of fraudulent use of an account, the
322	322	comptroller may refer the case to the attorney general for
323	323	investigation.
324	324	(b) With the consent of the appropriate local county or
325	325	district attorney, the attorney general has concurrent
326	326	jurisdiction with the consenting local prosecutor to prosecute an
327	327	offense referred to the attorney general under Subsection (a).
328	328	Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) A private
329	329	school must be accredited by an organization that is recognized by
330	330	the Texas Private School Accreditation Commission to receive funds
331	331	distributed under the program.
332	332	(b) A private tutor or teaching service and a practitioner
333	333	or provider who provides educational therapies or services for a
334	334	child with a disability must be licensed or accredited by a regional
335	335	or national accrediting organization to receive funds distributed
336	336	under the program.
337	337	Sec. 29.365. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
338	338	AUTONOMY. (a) An education service provider or vendor of
339	339	educational products that receives funds distributed under the
340	340	program is not an agent of the state or federal government.
341	341	(b) Except as provided by this subchapter, the comptroller,
342	342	the agency, the State Board of Education, any other state agency, or
343	343	any school district may not:
344	344	(1) regulate the educational program of an education
345	345	service provider or vendor of educational products that receives
346	346	funds distributed under the program; or
347	347	(2) exercise control or supervision over a program
348	348	participant or an education service provider or vendor of
349	349	educational products that receives funds distributed under the
350	350	program.
351	351	(c) The program does not expand the regulatory authority of
352	352	the state or any school district to impose any additional
353	353	regulation on an education service provider or vendor of
354	354	educational products except those reasonably necessary to enforce
355	355	the program as provided by this subchapter.
356	356	(d) A private school may not be required to modify the
357	357	school's creed, practices, admissions policies, curriculum,
358	358	performance standards, or assessments to receive funds distributed
359	359	under the program.
360	360	(e) A private school voluntarily selected by a parent for
361	361	the parent's child to attend or a parent who homeschools the
362	362	parent's child, with or without governmental assistance, may not be
363	363	required to comply with any state law or rule governing the
364	364	applicable educational program that was not in effect on January 1,
365	365	2017.
366	366	(f) In any proceeding challenging a rule adopted by a state
367	367	agency or officer under this subchapter, the agency or officer has
368	368	the burden of proof to establish that the rule:
369	369	(1) is necessary to implement or enforce the program
370	370	as provided by this subchapter; and
371	371	(2) does not impose an undue burden on a program
372	372	participant or an education service provider or vendor of
373	373	educational products that receives or seeks to receive funds
374	374	distributed under the program.
375	375	Sec. 29.366. STUDENT RECORDS. On request by the parent of a
376	376	child participating in the program, the school district or
377	377	open-enrollment charter school that the child would otherwise
378	378	attend shall provide a copy of the child's school records possessed
379	379	by the district or school, if any, to the child's parent or, if
380	380	applicable, the private school the child attends.
381	381	Sec. 29.367. REPORTING NUMBER OF PARTICIPANTS. (a) Not
382	382	later than October 1 of each year, the comptroller shall notify the
383	383	commissioner and the Legislative Budget Board of the number of
384	384	eligible children likely to participate in the program,
385	385	disaggregated by the school district or open-enrollment charter
386	386	school the eligible children would otherwise attend.
387	387	(b) Not later than March 1 of each year, the comptroller
388	388	shall provide final information to the commissioner and the
389	389	Legislative Budget Board regarding the number of children
390	390	participating in the program, disaggregated in the same manner as
391	391	the initial information under Subsection (a).
392	392	Sec. 29.368. ANNUAL SURVEY. The comptroller may conduct an
393	393	annual parental satisfaction survey that asks each parent of a
394	394	child participating in the program to express:
395	395	(1) the parent's overall level of satisfaction with
396	396	the program; and
397	397	(2) the parent's opinion on specified topics and
398	398	issues relevant to the effectiveness of the program.
399	399	Sec. 29.369. GIFTS, GRANTS, AND DONATIONS. The comptroller
400	400	may solicit and accept gifts, grants, and donations from any public
401	401	or private source for any expenses related to the initial
402	402	implementation or administration of the program.
403	403	Sec. 29.370. AGENCY COLLECTION OF CERTAIN INFORMATION. (a)
404	404	The agency shall collect and maintain for each group described by
405	405	Section 29.354(a) information regarding:
406	406	(1) the number of students in that group enrolled at a
407	407	school district; and
408	408	(2) the statewide average school district entitlement
409	409	amount under Chapter 42 for a student in that group.
410	410	(b) The agency shall make available to the comptroller the
411	411	information collected and maintained under Subsection (a).
412	412	(c) The agency may collaborate with any relevant state
413	413	agency or other entity in carrying out the agency's duties under
414	414	this section.
415	415	(d) The commissioner may adopt rules as necessary to
416	416	implement this section.
417	417	Sec. 29.371. RULES. The comptroller shall adopt rules as
418	418	necessary to implement this subchapter, including:
419	419	(1) rules regarding expense reporting requirements
420	420	for program participants; and
421	421	(2) rules for implementing this subchapter in a manner
422	422	that ensures compliance with federal law regarding confidentiality
423	423	of student educational information, including the Family
424	424	Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
425	425	1232g).
426	426	SECTION 2. Section 42.253, Education Code, is amended by
427	427	adding Subsection (b-1) to read as follows:
428	428	(b-1) Notwithstanding Subsection (b), the commissioner
429	429	shall adjust enrollment estimates and entitlement for each school
430	430	district for each school year based on information provided by the
431	431	comptroller under Section 29.367. This subsection expires
432	432	September 1, 2020.
433	433	SECTION 3. Section 58.106(a), Family Code, is amended to
434	434	read as follows:
435	435	(a) Except as otherwise provided by this section,
436	436	information contained in the juvenile justice information system is
437	437	confidential information for the use of the department and may not
438	438	be disseminated by the department except:
439	439	(1) with the permission of the juvenile offender, to
440	440	military personnel of this state or the United States;
441	441	(2) to a criminal justice agency as defined by Section
442	442	411.082, Government Code;
443	443	(3) to a noncriminal justice agency authorized by
444	444	federal statute or federal executive order to receive juvenile
445	445	justice record information;
446	446	(4) to a juvenile justice agency;
447	447	(5) to the Texas Juvenile Justice Department;
448	448	(6) to the office of independent ombudsman of the
449	449	Texas Juvenile Justice Department;
450	450	(7) to a district, county, justice, or municipal court
451	451	exercising jurisdiction over a juvenile; [and]
452	452	(8) to the Department of Family and Protective
453	453	Services as provided by Section 411.114, Government Code; and
454	454	(9) to the comptroller for the purpose of determining
455	455	a child's eligibility to participate in the education savings
456	456	account program under Subchapter J, Chapter 29, Education Code.
457	457	SECTION 4. Section 58.204(b), Family Code, is amended to
458	458	read as follows:
459	459	(b) On certification of records in a case under Section
460	460	58.203, the department may permit access to the information in the
461	461	juvenile justice information system relating to the case of an
462	462	individual only:
463	463	(1) by a criminal justice agency for a criminal
464	464	justice purpose, as those terms are defined by Section 411.082,
465	465	Government Code;
466	466	(2) for research purposes, by the Texas Juvenile
467	467	Justice Department;
468	468	(3) by the person who is the subject of the records on
469	469	an order from the juvenile court granting the petition filed by or
470	470	on behalf of the person who is the subject of the records;
471	471	(4) with the permission of the juvenile court at the
472	472	request of the person who is the subject of the records;
473	473	(5) with the permission of the juvenile court, by a
474	474	party to a civil suit if the person who is the subject of the records
475	475	has put facts relating to the person's records at issue in the suit;
476	476	[or]
477	477	(6) with the written permission of the individual, by
478	478	military personnel, including a recruiter, of this state or the
479	479	United States if the individual is an applicant for enlistment in
480	480	the armed forces; or
481	481	(7) by the comptroller for the purpose of determining
482	482	the individual's eligibility to participate in the education
483	483	savings account program under Subchapter J, Chapter 29, Education
484	484	Code.
485	485	SECTION 5. Section 65.202, Family Code, is amended to read
486	486	as follows:
487	487	Sec. 65.202. CONFIDENTIALITY OF RECORDS. Records and files
488	488	created under this chapter may be disclosed only to:
489	489	(1) the judge of the truancy court, the truant conduct
490	490	prosecutor, and the staff of the judge and prosecutor;
491	491	(2) the child or an attorney for the child;
492	492	(3) a governmental agency if the disclosure is
493	493	required or authorized by law;
494	494	(4) a person or entity to whom the child is referred
495	495	for treatment or services if the agency or institution disclosing
496	496	the information has entered into a written confidentiality
497	497	agreement with the person or entity regarding the protection of the
498	498	disclosed information;
499	499	(5) the Texas Department of Criminal Justice and the
500	500	Texas Juvenile Justice Department for the purpose of maintaining
501	501	statistical records of recidivism and for diagnosis and
502	502	classification;
503	503	(6) the agency; [or]
504	504	(7) the comptroller for the purpose of determining a
505	505	child's eligibility to participate in the education savings account
506	506	program under Subchapter J, Chapter 29, Education Code; or
507	507	(8) with leave of the truancy court, any other person,
508	508	agency, or institution having a legitimate interest in the
509	509	proceeding or in the work of the court.
510	510	SECTION 6. Section 411.109, Government Code, is amended by
511	511	adding Subsection (c) to read as follows:
512	512	(c) The comptroller is entitled to obtain from the
513	513	department criminal history record information maintained by the
514	514	department that relates to a child for the purpose of determining
515	515	the child's eligibility to participate in the education savings
516	516	account program under Subchapter J, Chapter 29, Education Code.
517	517	SECTION 7. This Act applies beginning with the 2017-2018
518	518	school year.
519	519	SECTION 8. Not later than 45 days after the effective date
520	520	of this Act, the comptroller of public accounts shall adopt rules
521	521	necessary to implement the education savings account program under
522	522	Subchapter J, Chapter 29, Education Code, as added by this Act.
523	523	SECTION 9. This Act takes effect immediately if it receives
524	524	a vote of two-thirds of all the members elected to each house, as
525	525	provided by Section 39, Article III, Texas Constitution. If this
526	526	Act does not receive the vote necessary for immediate effect, this
527	527	Act takes effect September 1, 2017.