88R3431 CXP-F By: Dutton H.B. No. 2923 A BILL TO BE ENTITLED AN ACT relating to the operation of free prekindergarten programs by certain school districts and to the early education allotment under the Foundation School Program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.153, Education Code, is amended by adding Subsection (d-3) to read as follows: (d-3) A school district shall contract with a community-based child-care provider described by Subsection (g) to provide a prekindergarten class required under this section if the commissioner determines that: (1) a district election for the purpose of issuing bonds for the construction or repurposing of a classroom facility to provide the prekindergarten class has failed in the 24 months preceding the determination; or (2) the district is unable to adequately staff the prekindergarten class. SECTION 2. Section 48.108, Education Code, is amended by adding Subsection (a-1) to read as follows: (a-1) In addition to the allotment under Subsection (a), a school district is entitled to an annual allotment equal to the basic allotment multiplied by 0.2 for each student in average daily attendance enrolled in a prekindergarten class required to be provided through a contract with a community-based child-care provider under Section 29.153(d-3). SECTION 3. Section 29.153(d-3), Education Code, as added by this Act, applies beginning with the 2023-2024 school year. SECTION 4. (a) Except as provided by Subsection (b) of this section: (1) this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution; and (2) if this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023. (b) Section 48.108(a-1), Education Code, as added by this Act, takes effect September 1, 2023.