Texas 2023 - 88th Regular

Texas House Bill HB1892 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Cain H.B. No. 1892
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to improved educational efficiency by empowering parents
7	7	through a program administered by the comptroller.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. SHORT TITLE. This Act may be cited as the
10	10	Parental Empowerment Program Act of 2023.
11	11	SECTION 2. FINDINGS. The legislature finds that:
12	12	(a) parents should be empowered to direct the education of
13	13	their child;
14	14	(b) there is not one best educational option for all Texas
15	15	school children;
16	16	(c) children belong to their parents, not the government;
17	17	(d) the best education for Texas school children is one
18	18	directed by their parents, with all educational options made
19	19	available and accessible, wherein money follows the child to the
20	20	educational option that best meets their unique educational needs;
21	21	(e) in Espinoza v. Montana Department of Revenue (2020) and
22	22	in Carson v. Makin (2022), the United States Supreme Court found
23	23	that state prohibitions on the use of generally available state
24	24	tuition assistance programs for religious schools violates the Free
25	25	Exercise Clause of the First Amendment of the United States
26	26	Constitution; and
27	27	(f) this Act is intended to further provide for the general
28	28	diffusion of knowledge and to empower parents of students in this
29	29	state to direct the education of their children.
30	30	SECTION 3. Chapter 403, Government Code, is amended by
31	31	adding Subchapter S to read as follows:
32	32	SUBCHAPTER S. PARENTAL EMPOWERMENT PROGRAM
33	33	Sec. 403.504. PARENTAL EMPOWERMENT PROGRAM. (a) PURPOSE:
34	34	To increase efficiency by empowering parents to make the best
35	35	decisions for their children's education. To enshrine parents as
36	36	the primary decision makers in all matters involving their
37	37	children. To fully fund schools while giving parents a choice about
38	38	which school is right for their child.
39	39	(b) In this section:
40	40	(1) "Eligible student" means a school-age child who
41	41	resides in the state.
42	42	(c) A parent or legal guardian of an eligible student who
43	43	agrees to accept reimbursement in an amount that is less than the
44	44	state average maintenance and operations expenditures per student
45	45	may receive reimbursement from the state for the tuition paid for
46	46	the enrollment of the eligible student at a private school in an
47	47	amount that is the lesser of:
48	48	(1) the tuition paid; or
49	49	(2) 80 percent of the state average maintenance and
50	50	operations expenditures per student.
51	51	(d) Money from the available school fund and federal funds
52	52	may not be used for reimbursement under this section.
53	53	(e) Private schools that parents voluntarily choose to send
54	54	their children, with or without governmental assistance, will not
55	55	be required to comply with any state law or regulation governing its
56	56	educational program that was not in effect on January 1, 2023.
57	57	(f) The comptroller of public accounts shall make
58	58	reimbursements to a parent or legal guardian, or their assigns, as
59	59	authorized under this section.
60	60	(g) By October 1 of each year, the comptroller of public
61	61	accounts shall provide notification to the commissioner of
62	62	education and the Legislative Budget Board of the numbers of
63	63	eligible students likely to participate by each independent school
64	64	district or open enrollment charter they would have otherwise
65	65	attended. By March 1 of each year, the comptroller of public
66	66	accounts shall provide final numbers of the same information to the
67	67	commissioner and the Legislative Budget Board.
68	68	(h) The Comptroller of Public Accounts, Legislative Budget
69	69	Board, and Texas Education Agency shall use the calculations
70	70	submitted in accordance with subsection (g) for purposes of
71	71	modifying the estimates of student enrollment under Section
72	72	42.253(b), Education Code, that are used to calculate Foundation
73	73	School Program entitlements.
74	74	(i) Savings to the Foundation School Program, after funding
75	75	the Parental Empowerment Program shall be distributed to public
76	76	schools on a per capita basis in the subsequent school year upon
77	77	approval by the governor and Legislative Budget Board.
78	78	(j) Administrative Costs: The comptroller may deduct from
79	79	the distribution of funds to participants of the program an amount
80	80	sufficient to cover state administrative costs of the program. Any
81	81	such administrative cost deduction shall be the lesser of, two
82	82	percent of the scheduled distribution to the participant, or the
83	83	actual pro rata cost to the state. This subsection expires on
84	84	September 1, 2033.
85	85	SECTION 4. Subchapter G, Chapter 48, Education Code, is
86	86	amended by adding Section 48.304 to read as follows:
87	87	48.304. PARENTAL EMPOWERMENT PROGRAM. (a) A person to whom
88	88	the comptroller awards a grant under Subchapter S, Chapter 403.504,
89	89	Government Code, is entitled to receive an amount equal to the
90	90	amount of the grant as provided by that subchapter.
91	91	(b) The agency shall re-appropriate to the credit of the
92	92	budget savings account established under Section 403.504,
93	93	Government Code, the amount appropriated to the agency for purposes
94	94	of this section for use by the comptroller in awarding grants as
95	95	provided by Subchapter S, Chapter 403.504, Government Code.
96	96	SECTION 5. As soon as practicable, but not later than the
97	97	45th day after the effective date of this Act, the comptroller,
98	98	shall adopt rules to implement this Act, including rules to prevent
99	99	fraud in financial transactions under the program. Such
100	100	regulations shall reconcile payments for the Parental Empowerment
101	101	Program grants within the same fiscal year, or one month after.
102	102	SECTION 6. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2023.