2019S0367-1 03/06/19
By: Campbell S.B. No. 1905
A BILL TO BE ENTITLED
AN ACT
relating to state savings and government efficiency achieved
through a tuition equalization grant program administered by the
comptroller of public accounts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.253, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (b), the commissioner
shall adjust enrollment estimates and entitlement for each school
district for each school year based on information provided by the
comptroller under Section 42.551(k). This subsection expires
September 1, 2024.
SECTION 2. Chapter 42, Education Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. TEXAS EQUALIZATION FOR EXCELLENCE (TEX) GRANTS
Sec. 42.551. TEXAS EQUALIZATION FOR EXCELLENCE (TEX) GRANT
PROGRAM. (a) In this section, "program" means the Texas
Equalization for Excellence (TEX) Grant Program established under
this section.
(b) A parent or legal guardian of an eligible student who
agrees to accept a grant awarded under this section in an amount
that is less than the state average maintenance and operations
expenditures per student may receive a grant awarded under this
section from the state for the tuition owed for the enrollment of
the eligible student at a private school accredited by an
organization that is recognized by the Texas Private School
Accreditation Commission in an amount that is the lesser of:
(1) the tuition owed; or
(2) 60 percent of the state average maintenance and
operations expenditures per student.
(c) A student is eligible to participate in the program if
the student is a school-age child who resides in a school district
that opts to participate in the program under Subsection (d) or (e)
and:
(1) is either:
(A) a member of a household with a total annual
income that is at or below 250 percent of the federal poverty level;
or
(B) eligible to participate in a school
district's special education program under Section 29.003; and
(2) who:
(A) is entering kindergarten or first grade;
(B) attended a public school for all of the
academic year immediately preceding initial participation in the
program; or
(C) participated in the program in a preceding
academic year.
(d) The board of trustees of a school district by a majority
vote may allow children residing in the district to participate in
the program, subject to applicable eligibility requirements.
(e) The residents of a school district may vote at a general
election to allow children residing in that district to participate
in the program, subject to applicable eligibility requirements.
The district shall hold an election described by this subsection on
the next uniform election date that permits compliance with
applicable deadlines for the election if the district receives a
petition requesting the election that is signed by at least 10
percent of the registered voters residing in the district.
(f) A school district that opts to participate in the
program under Subsection (d) may opt to cease participating in the
program by a two-thirds vote of the district's board of trustees.
If a school district ceases participating in the program under this
subsection, notwithstanding Subsection (c), a student residing in
the district who has participated in the program for at least two
years and is otherwise eligible to participate in the program under
that subsection may continue participating in the program until the
student graduates from high school.
(g) In addition to any funding the district receives under
Chapter 42, for each eligible student participating in the program,
the school district the student would otherwise attend is entitled
to receive for the first year in which the student participates in
the program an amount equal to 20 percent of the state average
maintenance and operations expenditures per student.
(h) Money from the available school fund and federal funds
may not be used for grants awarded under this section.
(i) A private school voluntarily selected by a parent for
the parent's child to attend, with or without governmental
assistance, may not be required to comply with any state law or rule
governing the school's educational program that was not in effect
on January 1, 2019.
(j) The comptroller shall administer the program and
provide a grant awarded under this section to a parent or legal
guardian of an eligible student as authorized by this section.
(k) Not later than October 1 of each year, the comptroller
shall notify the commissioner and the Legislative Budget Board of
the number of eligible students likely to participate in the
program, disaggregated by the school district or open-enrollment
charter school the eligible students would otherwise attend. Not
later than March 1 of each year, the comptroller shall provide final
information to the commissioner and the Legislative Budget Board
regarding the number of students participating in the program,
disaggregated in the same manner as the initial information.
SECTION 3. As soon as practicable, but not later than
October 15, 2019, the comptroller of public accounts, in
coordination with the commissioner of education, shall adopt rules
to implement the Texas Equalization for Excellence (TEX) Grant
Program under Section 42.551, Education Code, as added by this Act,
including rules to prevent fraud in financial transactions under
the program and to determine the net savings resulting from
implementation of the program. The rules must require
reconciliation of payments for all grants within the same fiscal
year or within the first month following the end of the fiscal year.
SECTION 4. (a) The constitutionality and other validity
under the state or federal constitution of all or any part of
Subchapter J, Chapter 42, Education Code, as added by this Act, may
be determined in an action for declaratory judgment in a district
court in Travis County under Chapter 37, Civil Practice and
Remedies Code, except that this section does not authorize an award
of attorney's fees against this state and Section 37.009, Civil
Practice and Remedies Code, does not apply to an action filed under
this section. This section does not authorize a taxpayer suit to
contest the denial of a tax credit by the comptroller of public
accounts.
(b) The appeal of a declaratory judgment or order, however
characterized, of a district court, including an appeal of the
judgment of an appellate court, holding or otherwise determining
that all or any part of Subchapter J, Chapter 42, Education Code, as
added by this Act, is constitutional or unconstitutional, or
otherwise valid or invalid, under the state or federal constitution
is an accelerated appeal.
(c) If the judgment or order is interlocutory, an
interlocutory appeal may be taken from the judgment or order and is
an accelerated appeal.
(d) A district court in Travis County may grant or deny a
temporary or otherwise interlocutory injunction or a permanent
injunction on the grounds of the constitutionality or
unconstitutionality, or other validity or invalidity, under the
state or federal constitution of all or any part of Subchapter J,
Chapter 42, Education Code, as added by this Act.
(e) There is a direct appeal to the Texas Supreme Court from
an order, however characterized, of a trial court granting or
denying a temporary or otherwise interlocutory injunction or a
permanent injunction on the grounds of the constitutionality or
unconstitutionality, or other validity or invalidity, under the
state or federal constitution of all or any part of Subchapter J,
Chapter 42, Education Code, as added by this Act.
(f) The direct appeal is an accelerated appeal.
(g) This section exercises the authority granted by Section
3-b, Article V, Texas Constitution.
(h) The filing of a direct appeal under this section will
automatically stay any temporary or otherwise interlocutory
injunction or permanent injunction granted in accordance with this
section pending final determination by the Texas Supreme Court,
unless the supreme court makes specific findings that the applicant
seeking such injunctive relief has pleaded and proved that:
(1) the applicant has a probable right to the relief it
seeks on final hearing; and
(2) the applicant will suffer a probable injury that
is imminent and irreparable, and that the applicant has no other
adequate legal remedy.
(i) An appeal under this section, including an
interlocutory, accelerated, or direct appeal, is governed, as
applicable, by the Texas Rules of Appellate Procedure, including
Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),
38.6(a) and (b), 40.1(b), and 49.4.
SECTION 5. This Act takes effect September 1, 2019.