Texas 2019 - 86th Regular

Texas Senate Bill SB1905 Compare Versions

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

Old	New	Differences
1	1	2019S0367-1 03/06/19
2	2	By: Campbell S.B. No. 1905
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state savings and government efficiency achieved
8	8	through a tuition equalization grant program administered by the
9	9	comptroller of public accounts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 42.253, Education Code, is amended by
12	12	adding Subsection (b-1) to read as follows:
13	13	(b-1) Notwithstanding Subsection (b), the commissioner
14	14	shall adjust enrollment estimates and entitlement for each school
15	15	district for each school year based on information provided by the
16	16	comptroller under Section 42.551(k). This subsection expires
17	17	September 1, 2024.
18	18	SECTION 2. Chapter 42, Education Code, is amended by adding
19	19	Subchapter J to read as follows:
20	20	SUBCHAPTER J. TEXAS EQUALIZATION FOR EXCELLENCE (TEX) GRANTS
21	21	Sec. 42.551. TEXAS EQUALIZATION FOR EXCELLENCE (TEX) GRANT
22	22	PROGRAM. (a) In this section, "program" means the Texas
23	23	Equalization for Excellence (TEX) Grant Program established under
24	24	this section.
25	25	(b) A parent or legal guardian of an eligible student who
26	26	agrees to accept a grant awarded under this section in an amount
27	27	that is less than the state average maintenance and operations
28	28	expenditures per student may receive a grant awarded under this
29	29	section from the state for the tuition owed for the enrollment of
30	30	the eligible student at a private school accredited by an
31	31	organization that is recognized by the Texas Private School
32	32	Accreditation Commission in an amount that is the lesser of:
33	33	(1) the tuition owed; or
34	34	(2) 60 percent of the state average maintenance and
35	35	operations expenditures per student.
36	36	(c) A student is eligible to participate in the program if
37	37	the student is a school-age child who resides in a school district
38	38	that opts to participate in the program under Subsection (d) or (e)
39	39	and:
40	40	(1) is either:
41	41	(A) a member of a household with a total annual
42	42	income that is at or below 250 percent of the federal poverty level;
43	43	or
44	44	(B) eligible to participate in a school
45	45	district's special education program under Section 29.003; and
46	46	(2) who:
47	47	(A) is entering kindergarten or first grade;
48	48	(B) attended a public school for all of the
49	49	academic year immediately preceding initial participation in the
50	50	program; or
51	51	(C) participated in the program in a preceding
52	52	academic year.
53	53	(d) The board of trustees of a school district by a majority
54	54	vote may allow children residing in the district to participate in
55	55	the program, subject to applicable eligibility requirements.
56	56	(e) The residents of a school district may vote at a general
57	57	election to allow children residing in that district to participate
58	58	in the program, subject to applicable eligibility requirements.
59	59	The district shall hold an election described by this subsection on
60	60	the next uniform election date that permits compliance with
61	61	applicable deadlines for the election if the district receives a
62	62	petition requesting the election that is signed by at least 10
63	63	percent of the registered voters residing in the district.
64	64	(f) A school district that opts to participate in the
65	65	program under Subsection (d) may opt to cease participating in the
66	66	program by a two-thirds vote of the district's board of trustees.
67	67	If a school district ceases participating in the program under this
68	68	subsection, notwithstanding Subsection (c), a student residing in
69	69	the district who has participated in the program for at least two
70	70	years and is otherwise eligible to participate in the program under
71	71	that subsection may continue participating in the program until the
72	72	student graduates from high school.
73	73	(g) In addition to any funding the district receives under
74	74	Chapter 42, for each eligible student participating in the program,
75	75	the school district the student would otherwise attend is entitled
76	76	to receive for the first year in which the student participates in
77	77	the program an amount equal to 20 percent of the state average
78	78	maintenance and operations expenditures per student.
79	79	(h) Money from the available school fund and federal funds
80	80	may not be used for grants awarded under this section.
81	81	(i) A private school voluntarily selected by a parent for
82	82	the parent's child to attend, with or without governmental
83	83	assistance, may not be required to comply with any state law or rule
84	84	governing the school's educational program that was not in effect
85	85	on January 1, 2019.
86	86	(j) The comptroller shall administer the program and
87	87	provide a grant awarded under this section to a parent or legal
88	88	guardian of an eligible student as authorized by this section.
89	89	(k) Not later than October 1 of each year, the comptroller
90	90	shall notify the commissioner and the Legislative Budget Board of
91	91	the number of eligible students likely to participate in the
92	92	program, disaggregated by the school district or open-enrollment
93	93	charter school the eligible students would otherwise attend. Not
94	94	later than March 1 of each year, the comptroller shall provide final
95	95	information to the commissioner and the Legislative Budget Board
96	96	regarding the number of students participating in the program,
97	97	disaggregated in the same manner as the initial information.
98	98	SECTION 3. As soon as practicable, but not later than
99	99	October 15, 2019, the comptroller of public accounts, in
100	100	coordination with the commissioner of education, shall adopt rules
101	101	to implement the Texas Equalization for Excellence (TEX) Grant
102	102	Program under Section 42.551, Education Code, as added by this Act,
103	103	including rules to prevent fraud in financial transactions under
104	104	the program and to determine the net savings resulting from
105	105	implementation of the program. The rules must require
106	106	reconciliation of payments for all grants within the same fiscal
107	107	year or within the first month following the end of the fiscal year.
108	108	SECTION 4. (a) The constitutionality and other validity
109	109	under the state or federal constitution of all or any part of
110	110	Subchapter J, Chapter 42, Education Code, as added by this Act, may
111	111	be determined in an action for declaratory judgment in a district
112	112	court in Travis County under Chapter 37, Civil Practice and
113	113	Remedies Code, except that this section does not authorize an award
114	114	of attorney's fees against this state and Section 37.009, Civil
115	115	Practice and Remedies Code, does not apply to an action filed under
116	116	this section. This section does not authorize a taxpayer suit to
117	117	contest the denial of a tax credit by the comptroller of public
118	118	accounts.
119	119	(b) The appeal of a declaratory judgment or order, however
120	120	characterized, of a district court, including an appeal of the
121	121	judgment of an appellate court, holding or otherwise determining
122	122	that all or any part of Subchapter J, Chapter 42, Education Code, as
123	123	added by this Act, is constitutional or unconstitutional, or
124	124	otherwise valid or invalid, under the state or federal constitution
125	125	is an accelerated appeal.
126	126	(c) If the judgment or order is interlocutory, an
127	127	interlocutory appeal may be taken from the judgment or order and is
128	128	an accelerated appeal.
129	129	(d) A district court in Travis County may grant or deny a
130	130	temporary or otherwise interlocutory injunction or a permanent
131	131	injunction on the grounds of the constitutionality or
132	132	unconstitutionality, or other validity or invalidity, under the
133	133	state or federal constitution of all or any part of Subchapter J,
134	134	Chapter 42, Education Code, as added by this Act.
135	135	(e) There is a direct appeal to the Texas Supreme Court from
136	136	an order, however characterized, of a trial court granting or
137	137	denying a temporary or otherwise interlocutory injunction or a
138	138	permanent injunction on the grounds of the constitutionality or
139	139	unconstitutionality, or other validity or invalidity, under the
140	140	state or federal constitution of all or any part of Subchapter J,
141	141	Chapter 42, Education Code, as added by this Act.
142	142	(f) The direct appeal is an accelerated appeal.
143	143	(g) This section exercises the authority granted by Section
144	144	3-b, Article V, Texas Constitution.
145	145	(h) The filing of a direct appeal under this section will
146	146	automatically stay any temporary or otherwise interlocutory
147	147	injunction or permanent injunction granted in accordance with this
148	148	section pending final determination by the Texas Supreme Court,
149	149	unless the supreme court makes specific findings that the applicant
150	150	seeking such injunctive relief has pleaded and proved that:
151	151	(1) the applicant has a probable right to the relief it
152	152	seeks on final hearing; and
153	153	(2) the applicant will suffer a probable injury that
154	154	is imminent and irreparable, and that the applicant has no other
155	155	adequate legal remedy.
156	156	(i) An appeal under this section, including an
157	157	interlocutory, accelerated, or direct appeal, is governed, as
158	158	applicable, by the Texas Rules of Appellate Procedure, including
159	159	Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),
160	160	38.6(a) and (b), 40.1(b), and 49.4.
161	161	SECTION 5. This Act takes effect September 1, 2019.