Texas 2017 - 85th 1st C.S.

Texas House Bill HB58 Compare Versions

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

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1	1	By: Simmons H.B. No. 58
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of a tax credit scholarship and
7	7	educational
8	8	expense assistance program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 2. TAX CREDIT SCHOLARSHIP AND EDUCATIONAL EXPENSE
11	11	ASSISTANCE PROGRAM
12	12	SECTION 2.01. Subtitle B, Title 3, Insurance Code, is
13	13	amended by adding Chapter 230 to read as follows:
14	14	CHAPTER 230. CREDIT AGAINST PREMIUM TAXES FOR CONTRIBUTIONS TO
15	15	CERTAIN EDUCATIONAL ASSISTANCE ORGANIZATION
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 230.001. DEFINITIONS. In this chapter:
18	18	(1) "Educational assistance organization" means an
19	19	organization that:
20	20	(A) has the ability according to the
21	21	organization's charter to award scholarships to or pay educational
22	22	expenses for eligible students in:
23	23	(i) public elementary or secondary schools
24	24	located in this state; or
25	25	(ii) nonpublic elementary or secondary
26	26	schools located in this state:
27	27	(a) that meet the requirements of
28	28	Section 230.052;
29	29	(b) at which a student may fulfill
30	30	this state's compulsory attendance requirements; and
31	31	(c) that are not in violation of the
32	32	federal Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.);
33	33	and
34	34	(B) uses part of its annual revenue for the
35	35	purpose provided by Paragraph (A).
36	36	(2) "State premium tax liability" means any liability
37	37	incurred by an entity under Chapter 221, 222, or 224.
38	38	Sec. 230.002. RULES; PROCEDURES. (a) The comptroller
39	39	shall adopt rules and procedures to implement, administer, and
40	40	enforce this chapter.
41	41	(b) A rule adopted under Subsection (a) is binding on an
42	42	organization that applies for certification as an educational
43	43	assistance organization, an entity that applies for a credit, and a
44	44	state or local governmental entity, including a political
45	45	subdivision, as necessary to implement, administer, and enforce
46	46	this chapter.
47	47	SUBCHAPTER B. SCHOLARSHIP AND EDUCATIONAL EXPENSE ASSISTANCE
48	48	PROGRAM
49	49	Sec. 230.051. SELECTION OF CERTIFIED EDUCATIONAL
50	50	ASSISTANCE ORGANIZATIONS. (a) An organization may apply to the
51	51	comptroller for certification as a certified educational
52	52	assistance organization during an application period provided by
53	53	the comptroller.
54	54	(b) To be eligible for certification, the organization:
55	55	(1) must:
56	56	(A) be exempt from federal tax under Section
57	57	501(a) of the Internal Revenue Code of 1986 by being listed as an
58	58	exempt organization in Section 501(c)(3) of that code;
59	59	(B) be in good standing with the state;
60	60	(C) be located in the state;
61	61	(D) of the organization's annual revenue from
62	62	contributions that are designated for scholarships or educational
63	63	expense assistance for eligible students under this chapter,
64	64	allocate:
65	65	(i) at least 75 percent for scholarships
66	66	for eligible students to attend nonpublic schools;
67	67	(ii) at least 15 percent for assistance for
68	68	educational expenses, including tuition, transportation, and
69	69	instructional materials and other supplies, and for other related
70	70	educational expense assistance as described by this section; and
71	71	(iii) not more than 10 percent for
72	72	administrative expenses;
73	73	(E) award scholarships and assistance for
74	74	qualifying educational expenses to eligible students who
75	75	demonstrate the greatest financial and academic need;
76	76	(F) agree to give each donor a receipt for money
77	77	contributed to the organization that includes the name of the
78	78	organization, the name of the donor, the amount of the
79	79	contribution, the information required by Section 230.054(c), and
80	80	any other information required by the comptroller;
81	81	(G) demonstrate experience and technical
82	82	expertise in:
83	83	(i) accepting, processing, and tracking
84	84	applications for scholarships or educational expense assistance;
85	85	and
86	86	(ii) awarding scholarships to students in
87	87	primary or secondary schools;
88	88	(H) agree to be independently audited on an
89	89	annual basis and file the audit with the comptroller; and
90	90	(I) disburse within two academic years of receipt
91	91	contributions received from and designated by entities for
92	92	scholarships or educational expense assistance under this chapter;
93	93	and
94	94	(2) may not:
95	95	(A) award all scholarships under this chapter to
96	96	students who attend a particular school or pay educational expenses
97	97	incurred only at a particular school;
98	98	(B) provide to a student a scholarship in an
99	99	annual amount that exceeds the amount provided under Section
100	100	230.055(a) or (b), unless the money used to provide the portion of
101	101	the scholarship in excess of that amount was contributed by a person
102	102	other than an entity that notifies the organization under Section
103	103	230.054(c) that the entity may apply for a tax credit for the
104	104	contribution; and
105	105	(C) provide to a student educational expense
106	106	assistance in excess of the amount provided under Section
107	107	230.055(c) per academic year, unless the money used to provide the
108	108	portion of the assistance in excess of that amount was contributed
109	109	by a person other than an entity that notifies the organization
110	110	under Section 230.054(c) that the entity may apply for a tax credit
111	111	for the contribution, including assistance for:
112	112	(i) facility fees;
113	113	(ii) instructional materials;
114	114	(iii) school supplies;
115	115	(iv) tutoring;
116	116	(v) academic after-school programs;
117	117	(vi) school or lab fees; and
118	118	(vii) transportation expenses, including
119	119	the cost to transfer from one public school to another.
120	120	(c) The comptroller shall certify one organization as the
121	121	primary certified educational assistance organization and one
122	122	organization as the secondary certified educational assistance
123	123	organization. The comptroller shall select the organizations to
124	124	certify as the primary and secondary certified educational
125	125	assistance organizations from among the organizations that apply
126	126	under Subsection (a) and meet the requirements of Subsection (b).
127	127	The comptroller has broad discretion in selecting the primary and
128	128	secondary certified educational assistance organizations.
129	129	(d) The comptroller shall notify all organizations that
130	130	apply under Subsection (a) of the comptroller's selections under
131	131	Subsection (c).
132	132	(e) The comptroller shall attempt to maintain one primary
133	133	and one secondary certified educational assistance organization at
134	134	all times. The comptroller shall provide an application period
135	135	under Subsection (a) as soon as practicable after the comptroller
136	136	learns there is, or is likely to be, a vacancy for the primary or
137	137	secondary certified educational assistance organization.
138	138	(f) The comptroller's selections under Subsection (c) are
139	139	final and are not appealable.
140	140	Sec. 230.0511. PERFORMANCE OF CERTIFIED EDUCATIONAL
141	141	ASSISTANCE ORGANIZATION POWERS AND DUTIES. (a) Except as provided
142	142	by Subsection (b), the organization certified as the primary
143	143	certified educational assistance organization shall perform the
144	144	powers and duties assigned to the certified educational assistance
145	145	organization under this chapter.
146	146	(b) The organization certified as the secondary certified
147	147	educational assistance organization shall perform the powers and
148	148	duties assigned to the certified educational assistance
149	149	organization under this chapter if:
150	150	(1) the organization certified as the primary
151	151	certified educational assistance organization has its
152	152	certification revoked; or
153	153	(2) the comptroller otherwise determines the
154	154	organization certified as the primary educational assistance
155	155	organization is unable to perform the powers and duties assigned to
156	156	the certified educational assistance organization under this
157	157	chapter.
158	158	(c) A reference in this chapter or other law to the
159	159	certified educational assistance organization means the
160	160	organization performing the powers and duties of the certified
161	161	educational assistance organization under Subsection (a) or (b).
162	162	Sec. 230.0512. INFORMATION REGARDING SCHOLARSHIPS. (a)
163	163	The certified educational assistance organization shall make
164	164	information about scholarships under this chapter available to
165	165	parents of a student who is eligible to apply for assistance under
166	166	Section 230.053(a)(3)(E) through the organization's Internet
167	167	website.
168	168	(b) The information made available must include a notice
169	169	that:
170	170	(1) states that a nonpublic school is not subject to
171	171	laws regarding the provision of educational services in the same
172	172	manner as a public school, and a student with a disability attending
173	173	a nonpublic school may not receive the services a student with a
174	174	disability attending a public school is entitled to receive under
175	175	federal and state law; and
176	176	(2) provides information regarding rights to which a
177	177	student with a disability is entitled under federal and state law if
178	178	the student attends a public school, including:
179	179	(A) rights provided under the Individuals with
180	180	Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
181	181	including:
182	182	(i) an individualized education program;
183	183	(ii) educational services provided in the
184	184	least restrictive environment;
185	185	(iii) instruction from certified teachers;
186	186	(iv) due process hearings to ensure proper
187	187	and full implementation of an individualized education program;
188	188	(v) transition and planning services; and
189	189	(vi) supplementary aids and services;
190	190	(B) rights provided under Subchapter A, Chapter
191	191	29, Education Code; and
192	192	(C) other rights provided under federal or state
193	193	law.
194	194	Sec. 230.0513. REPORTING NUMBER OF SCHOLARSHIP RECIPIENTS.
195	195	(a) Not later than October 1 of each year, the certified
196	196	educational assistance organization shall notify the commissioner
197	197	of education and the Legislative Budget Board of the likely number
198	198	of students who will enroll in a nonpublic school instead of a
199	199	public school using scholarships under this chapter, disaggregated
200	200	by the school district or open-enrollment charter school the
201	201	students would otherwise attend.
202	202	(b) Not later than March 1 of each year, the certified
203	203	educational assistance organization shall provide final
204	204	information to the commissioner of education and the Legislative
205	205	Budget Board regarding the actual number of students described by
206	206	Subsection (a), disaggregated in the same manner as the initial
207	207	information under that subsection.
208	208	Sec. 230.052. NONPUBLIC SCHOOL REQUIREMENTS. The certified
209	209	educational assistance organization may not award scholarships to
210	210	or pay educational expenses for eligible students enrolled in a
211	211	nonpublic school unless the nonpublic school executes a notarized
212	212	affidavit, with supporting documents, concerning the school's
213	213	qualification for scholarships and educational expense assistance
214	214	for eligible students who receive assistance from the certified
215	215	educational assistance organization, including evidence of:
216	216	(1) accreditation by the Texas Education Agency or by
217	217	an organization that is recognized by the Texas Private School
218	218	Accreditation Commission;
219	219	(2) annual administration of a nationally
220	220	norm-referenced assessment instrument or the appropriate
221	221	assessment instrument required under Section 39.023, Education
222	222	Code;
223	223	(3) valid certificate of occupancy; and
224	224	(4) policy statements regarding:
225	225	(A) admissions;
226	226	(B) curriculum;
227	227	(C) safety;
228	228	(D) food service inspection; and
229	229	(E) student to teacher ratios.
230	230	Sec. 230.053. ELIGIBILITY OF STUDENTS; INCLUSION IN
231	231	CALCULATION OF EQUALIZED WEALTH LEVEL. (a) A student is eligible
232	232	to apply to the certified educational assistance organization for a
233	233	scholarship or educational expense assistance under this chapter
234	234	if:
235	235	(1) the student resides in a public school district
236	236	located in whole or in part in a county; and
237	237	(2) the student:
238	238	(A) is eligible under Section 29.003, Education
239	239	Code, to participate in a school district's special education
240	240	program; or
241	241	(B) covered by Section 504, Rehabilitation Act of
242	242	1973 (29 U.S.C. Section 794).
243	243	(b) A student may continue to receive assistance under this
244	244	chapter until the earlier of the date the student graduates from
245	245	high school or the student's 22nd birthday if the student:
246	246	(1) meets the requirements of Subsection (a)(1); and
247	247	(2) previously qualified under Subsections (a)(2) and
248	248	(3)(E).
249	249	(c) The certified educational assistance organization shall
250	250	award scholarships and educational expense assistance to eligible
251	251	students who apply in accordance with this chapter.
252	252	(d) The certified educational assistance organization shall
253	253	provide to each parent of a student with a disability who applies
254	254	for a scholarship or educational expense assistance under this
255	255	chapter a written copy of the notice described by Section
256	256	230.0512(b). Before the organization may award a scholarship or
257	257	educational expense assistance to the student, the student's parent
258	258	must sign and return the notice to the organization.
259	259	Sec. 230.054. CREDIT FOR CONTRIBUTIONS. (a) An entity may
260	260	apply for a credit under this chapter only for money contributed to
261	261	the certified educational assistance organization and designated
262	262	for scholarships or educational expense assistance for eligible
263	263	students.
264	264	(b) An entity may not apply for a credit under this chapter
265	265	for a contribution made to the certified educational assistance
266	266	organization if:
267	267	(1) the entity requires that the contribution benefit
268	268	a particular person or school; or
269	269	(2) the contribution is designated to provide a
270	270	scholarship or educational expense assistance for an entity
271	271	employee or for a spouse or dependent of an entity employee.
272	272	(c) An entity shall notify the certified educational
273	273	assistance organization in writing when the entity makes a
274	274	contribution if the entity may apply for a tax credit under this
275	275	chapter for the contribution. An entity may not apply for a credit
276	276	for the contribution unless the entity provides the notification at
277	277	the time the contribution is made. The certified educational
278	278	assistance organization shall indicate on the receipt provided
279	279	under Section 230.051(b)(1)(F) that the entity made the
280	280	notification under this subsection.
281	281	Sec. 230.055. LIMIT ON AMOUNT OF SCHOLARSHIP OR EDUCATIONAL
282	282	EXPENSE ASSISTANCE. (a) Except as provided by Subsection (b), the
283	283	maximum scholarship amount the certified educational assistance
284	284	organization may award to a student under this chapter using money
285	285	contributed by an entity that notifies the organization under
286	286	Section 230.054(c) that the entity may apply for a tax credit for
287	287	the contribution may not exceed 75 percent of the state average
288	288	maintenance and operations expenditures per student for the
289	289	preceding state fiscal year.
290	290	(b) A student who receives a payment to an education savings
291	291	account under Section 29.358, Education Code, for a year is
292	292	eligible to receive for the same year a scholarship from the
293	293	certified educational assistance organization if the student is
294	294	eligible for that assistance. The maximum scholarship amount the
295	295	certified educational assistance organization may award to a
296	296	student to whom this subsection applies using money contributed by
297	297	an entity that notifies the organization under Section 230.054(c)
298	298	that the entity may apply for a tax credit for the contribution may
299	299	not exceed the sum of:
300	300	(1) the difference between the amount of the payment
301	301	under Section 29.358, Education Code, and the full tuition amount
302	302	for the student's nonpublic school; and
303	303	(2) a transportation allowance not to exceed $500.
304	304	(c) The maximum educational expense assistance the
305	305	certified educational assistance organization may award to a
306	306	student under this chapter using money contributed by an entity
307	307	that notifies the organization under Section 230.054(c) that the
308	308	entity may apply for a tax credit for the contribution may not
309	309	exceed $500 for the 2018 state fiscal year, increased by five
310	310	percent each subsequent year.
311	311	Sec. 230.056. REVOCATION. (a) The comptroller shall
312	312	revoke the certification provided under Section 230.051 if the
313	313	comptroller finds that the certified educational assistance
314	314	organization:
315	315	(1) is no longer eligible under Section 230.051; or
316	316	(2) intentionally and substantially violates this
317	317	chapter.
318	318	(b) The comptroller has broad discretion in determining
319	319	whether to revoke a certification under Subsection (a).
320	320	(c) The comptroller shall notify the certified educational
321	321	assistance organization in writing of the comptroller's decision to
322	322	revoke the organization's certification. If the comptroller
323	323	revokes the organization's certification, the comptroller shall
324	324	include in the notice of revocation the reasons for the revocation.
325	325	(d) If the comptroller revokes the certified educational
326	326	assistance organization's certification under Subsection (a), the
327	327	organization may request in writing a reconsideration of the
328	328	revocation not later than the 10th day after the date of the notice
329	329	under Subsection (c) or the revocation is final.
330	330	(e) An organization that requests a reconsideration under
331	331	Subsection (d) may submit to the comptroller not later than the 30th
332	332	day after the date the request for reconsideration is submitted
333	333	additional information and documents to support the organization's
334	334	request for reconsideration.
335	335	(f) The comptroller's reconsideration of a revocation under
336	336	this section is not a contested case under Chapter 2001, Government
337	337	Code. The comptroller's decision on a request for reconsideration
338	338	of a revocation is final and is not appealable.
339	339	(g) This section does not create a cause of action to
340	340	contest a decision of the comptroller to revoke the certified
341	341	educational assistance organization's certification under this
342	342	chapter.
343	343	(h) Revocation of a certification under this section does
344	344	not affect the validity of a tax credit relating to a contribution
345	345	made before the date of revocation.
346	346	Sec. 230.057. REPORT OF NET SAVINGS TO PUBLIC EDUCATION.
347	347	(a) In this section, "net savings" means any positive difference in
348	348	a state fiscal year between:
349	349	(1) the amount by which state spending on public
350	350	education for that year is reduced as a result of students receiving
351	351	scholarships and educational expense assistance from the certified
352	352	educational assistance organization under this chapter; and
353	353	(2) the amount by which state revenue derived from
354	354	Chapters 221, 222, and 224 is reduced as a result of tax credits
355	355	under this chapter.
356	356	(b) Not later than December 31 of each even-numbered year,
357	357	the comptroller shall determine the amount of net savings for the
358	358	previous state fiscal biennium and make available to the public a
359	359	report of that amount of savings.
360	360	SUBCHAPTER C. CREDIT
361	361	Sec. 230.101. CREDIT. An entity may apply for a credit
362	362	against the entity's state premium tax liability in the amount and
363	363	under the conditions and limitations provided by this chapter. The
364	364	comptroller shall award credits as provided by Section 230.103.
365	365	Sec. 230.102. AMOUNTS; LIMITATION ON TOTAL CREDITS. (a)
366	366	Subject to Subsections (b) and (c), the amount of an entity's credit
367	367	is equal to the lesser of the amount of the qualifying contributions
368	368	made to the certified educational assistance organization or 50
369	369	percent of the entity's state premium tax liability.
370	370	(b) The total amount of tax credits that may be awarded
371	371	under this chapter for each state fiscal year may not exceed $25
372	372	million.
373	373	(c) The comptroller by rule shall prescribe procedures by
374	374	which the comptroller may allocate credits under this chapter. The
375	375	procedures must provide that credits are allocated on a first-come,
376	376	first-served basis, based on the date the contribution was
377	377	initially made.
378	378	(d) The comptroller may require an entity to notify the
379	379	comptroller of the amount the entity intends or expects to apply for
380	380	under this chapter before the beginning of a state fiscal year or at
381	381	any other time required by the comptroller.
382	382	Sec. 230.103. APPLICATION FOR CREDIT. (a) An entity must
383	383	apply for a credit under this chapter on or with the tax return for
384	384	the taxable year during which the qualifying contributions were
385	385	made and submit with the application each receipt issued under
386	386	Section 230.051(b)(1)(F) that includes the information required by
387	387	Section 230.054(c).
388	388	(b) The comptroller shall adopt a form for the application
389	389	for the credit. An entity must use this form in applying for the
390	390	credit.
391	391	(c) The comptroller may award a credit to an entity that
392	392	applies for the credit under Subsection (a) if the entity is
393	393	eligible for the credit and the credit is available under Section
394	394	230.102(b). The comptroller has broad discretion in determining
395	395	whether to grant or deny an application for a credit.
396	396	(d) The comptroller shall notify an entity in writing of the
397	397	comptroller's decision to grant or deny the application under
398	398	Subsection (a). If the comptroller denies an entity's application,
399	399	the comptroller shall include in the notice of denial the reasons
400	400	for the comptroller's decision.
401	401	(e) If the comptroller denies an entity's application under
402	402	Subsection (a), the entity may request in writing a reconsideration
403	403	of the application not later than the 10th day after the date of the
404	404	notice under Subsection (d). If the entity does not request a
405	405	reconsideration of the application on or before that date, the
406	406	comptroller's decision is final.
407	407	(f) An entity that requests a reconsideration under
408	408	Subsection (e) may submit to the comptroller not later than the 30th
409	409	day after the date the request for reconsideration is submitted
410	410	additional information and documents to support the entity's
411	411	request for reconsideration.
412	412	(g) The comptroller's reconsideration of an application
413	413	under this section is not a contested case under Chapter 2001,
414	414	Government Code. The comptroller's decision on a request for
415	415	reconsideration of an application is final and is not appealable.
416	416	(h) This section does not create a cause of action to
417	417	contest a decision of the comptroller to deny an application for a
418	418	credit under this chapter.
419	419	Sec. 230.104. ASSIGNMENT PROHIBITED; EXCEPTION. An entity
420	420	may not convey, assign, or transfer the credit allowed under this
421	421	chapter to another entity unless all of the assets of the entity are
422	422	conveyed, assigned, or transferred in the same transaction.
423	423	Sec. 230.105. NOTICE OF AVAILABILITY OF CREDIT. The
424	424	comptroller shall provide notice of the availability of the credit
425	425	under this chapter on the comptroller's Internet website, in the
426	426	instructions for insurance premium tax report forms, and in any
427	427	notice sent to an entity concerning the requirement to file an
428	428	insurance premium tax report.
429	429	SECTION 2.02. An entity may apply for a credit under Chapter
430	430	230, Insurance Code, as added by this article, only for an
431	431	expenditure made on or after the effective date of this article.
432	432	SECTION 2.03. Not later than February 15, 2018, the
433	433	comptroller of public accounts shall adopt rules as provided by
434	434	Section 230.002(a), Insurance Code, as added by this article.
435	435	SECTION 2.04. The comptroller of public accounts shall make
436	436	the initial determination of net savings and report regarding that
437	437	savings as required by Section 230.057, Insurance Code, as added by
438	438	this article, not later than December 31, 2020, based on the state
439	439	fiscal biennium ending August 31, 2019.
440	440	SECTION 2.05. This article applies only to a report
441	441	originally due on or after the effective date of this article.
442	442	SECTION 2.06. This article takes effect January 1, 2018.
443	443	ARTICLE 3. JUDICIAL REVIEW
444	444	SECTION 3.01. (a) The constitutionality and other validity
445	445	under the state or federal constitution of all or any part of
446	446	Subchapter J, Chapter 29, Education Code, as added by this Act, or
447	447	Chapter 230, Insurance Code, as added by this Act, may be determined
448	448	in an action for declaratory judgment in a district court in Travis
449	449	County under Chapter 37, Civil Practice and Remedies Code, except
450	450	that this section does not authorize an award of attorney's fees
451	451	against this state and Section 37.009, Civil Practice and Remedies
452	452	Code, does not apply to an action filed under this section. This
453	453	section does not authorize a taxpayer suit to contest the denial of
454	454	a tax credit by the comptroller of public accounts.
455	455	(b) An appeal of a declaratory judgment or order, however
456	456	characterized, of a district court, including an appeal of the
457	457	judgment of an appellate court, holding or otherwise determining
458	458	that all or any part of Subchapter J, Chapter 29, Education Code, as
459	459	added by this Act, or Chapter 230, Insurance Code, as added by this
460	460	Act, is constitutional or unconstitutional, or otherwise valid or
461	461	invalid, under the state or federal constitution is an accelerated
462	462	appeal.
463	463	(c) If the judgment or order is interlocutory, an
464	464	interlocutory appeal may be taken from the judgment or order and is
465	465	an accelerated appeal.
466	466	(d) A district court in Travis County may grant or deny a
467	467	temporary or otherwise interlocutory injunction or a permanent
468	468	injunction on the grounds of the constitutionality or
469	469	unconstitutionality, or other validity or invalidity, under the
470	470	state or federal constitution of all or any part of Subchapter J,
471	471	Chapter 29, Education Code, as added by this Act, or Chapter 230,
472	472	Insurance Code, as added by this Act.
473	473	(e) There is a direct appeal to the Texas Supreme Court from
474	474	an order, however characterized, of a trial court granting or
475	475	denying a temporary or otherwise interlocutory injunction or a
476	476	permanent injunction on the grounds of the constitutionality or
477	477	unconstitutionality, or other validity or invalidity, under the
478	478	state or federal constitution of all or any part of Subchapter J,
479	479	Chapter 29, Education Code, as added by this Act, or Chapter 230,
480	480	Insurance Code, as added by this Act.
481	481	(f) The direct appeal is an accelerated appeal.
482	482	(g) This section exercises the authority granted by Section
483	483	3-b, Article V, Texas Constitution.
484	484	(h) The filing of a direct appeal under this section will
485	485	automatically stay any temporary or otherwise interlocutory
486	486	injunction or permanent injunction granted in accordance with this
487	487	section pending final determination by the Texas Supreme Court,
488	488	unless the supreme court makes specific findings that the applicant
489	489	seeking such injunctive relief has pleaded and proved that:
490	490	(1) the applicant has a probable right to the relief it
491	491	seeks on final hearing; and
492	492	(2) the applicant will suffer a probable injury that
493	493	is imminent and irreparable, and that the applicant has no other
494	494	adequate legal remedy.
495	495	(i) An appeal under this section, including an
496	496	interlocutory, accelerated, or direct appeal, is governed, as
497	497	applicable, by the Texas Rules of Appellate Procedure, including
498	498	Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),
499	499	38.6(a) and (b), 40.1(b), and 49.4.
500	500	ARTICLE 4. EFFECTIVE DATE
501	501	SECTION 4.01. Except as otherwise provided by this Act:
502	502	(1) this Act takes effect immediately if it receives a
503	503	vote of two-thirds of all the members elected to each house, as
504	504	provided by Section 39, Article III, Texas Constitution; and (2) if
505	505	this Act does not receive the vote necessary for immediate effect,
506	506	this Act takes effect 91 days after the last day of the legislative
507	507	session.