Texas 2023 - 88th Regular

Texas Senate Bill SB2483 Compare Versions

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1	1	By: Paxton S.B. No. 2483
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of an Education Savings Account
7	7	program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Parent Empowerment
10	10	Act.
11	11	SECTION 2. The purpose of this Act is to provide families
12	12	with additional educational options to assist in exercising their
13	13	right to direct the educational needs of their children and achieve
14	14	a general diffusion of knowledge.
15	15	SECTION 3. Chapter 26, Education Code, is amended by adding
16	16	Section 26.0025 to read as follows:
17	17	Sec. 26.0025. RIGHT TO SELECT PUBLIC OR PRIVATE EDUCATION.
18	18	(a) A parent or guardian is entitled to choose the educational
19	19	setting for the parent or guardian's child, whether public or
20	20	private.
21	21	(b) If a parent or guardian chooses a private educational
22	22	setting for the child, funding shall be directed to the child as
23	23	provided in the manner described by Subchapter J, Chapter 29.
24	24	SECTION 4. Chapter 29, Education Code, is amended by adding
25	25	Subchapter J to read as follows:
26	26	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
27	27	Sec. 29.351. DEFINITIONS. In this subchapter:
28	28	(1) "Account" means an Education Savings Account
29	29	established under this subchapter.
30	30	(2) "Certified educational assistance organization"
31	31	means an educational assistance organization certified under
32	32	Section 29.355 to support administration of the program.
33	33	(3) "Cocurricular activity" means an activity that
34	34	directly adds value to classroom instruction and curriculum,
35	35	including academic field trips, performances, contests,
36	36	demonstrations, and displays. Cocurricular activities are
37	37	distinct from extracurricular activities, which include athletic
38	38	and nonacademic activities.
39	39	(4) "Education service provider" or "vendor of
40	40	educational products" means a person who supplies goods or services
41	41	listed under Section 29.360(a).
42	42	(5) "Higher education provider" includes entities
43	43	described by Sections 61.003(6) and (8) and accredited private
44	44	postsecondary institutions that are exempt from taxation under
45	45	Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
46	46	501(c)(3)).
47	47	(6) "Parent" means a resident of this state who is a
48	48	natural or adoptive parent, managing or possessory conservator,
49	49	legal guardian, custodian, or other person with legal authority to
50	50	act on behalf of a child.
51	51	(7) "Program" means the Education Savings Account
52	52	program established under this subchapter.
53	53	(8) "Program participant" means a child and a parent
54	54	of a child enrolled in the program.
55	55	Sec. 29.352. PURPOSE. The purpose of this subchapter is to
56	56	provide families with additional educational options to assist in
57	57	exercising their right to direct the educational needs of their
58	58	children.
59	59	Sec. 29.353. ESTABLISHMENT OF PROGRAM. The comptroller
60	60	shall establish an Education Savings Account program to provide
61	61	funding for approved education-related expenses of program
62	62	participants.
63	63	Sec. 29.354. EDUCATION SAVINGS ACCOUNT PROGRAM FUND. (a)
64	64	The Education Savings Account program fund is an account in the
65	65	general revenue fund to be administered by the comptroller.
66	66	(b) The fund is composed of:
67	67	(1) general revenue transferred to the fund;
68	68	(2) money appropriated to the fund;
69	69	(3) gifts, grants, and donations received under
70	70	Section 29.370; and
71	71	(4) any other money available for purposes of the
72	72	program.
73	73	(c) Money in the fund may be appropriated to the comptroller
74	74	only for purposes of making payments to program participants and
75	75	administering the program under this subchapter.
76	76	Sec. 29.355. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
77	77	ORGANIZATION. (a) An organization may apply to the comptroller for
78	78	certification as a certified educational assistance organization
79	79	during an application period established by the comptroller. The
80	80	comptroller may certify one or more educational assistance
81	81	organizations to assist in administering the program.
82	82	(b) To be eligible for certification, the applicant for
83	83	certification as a certified educational assistance organization
84	84	must:
85	85	(1) be able to perform the duties and functions
86	86	required of a certified educational assistance organization under
87	87	this subchapter;
88	88	(2) be in good standing with the state; and
89	89	(3) be able to assist the comptroller in administering
90	90	the program, including having the ability to:
91	91	(A) accept, process, and track applications for
92	92	the program;
93	93	(B) help prospective applicants, applicants, and
94	94	program participants find preapproved education service providers
95	95	and vendors of educational products; and
96	96	(C) verify that program funding is used only for
97	97	approved education-related expenses.
98	98	(c) A certified educational assistance organization shall
99	99	assist the comptroller in administering the program, including by:
100	100	(1) administering the application process in Section
101	101	29.357;
102	102	(2) helping prospective applicants, applicants, and
103	103	program participants understand eligible expenses and find
104	104	preapproved education service providers and vendors of educational
105	105	products;
106	106	(3) expending the funds in a program participant's
107	107	account only for purposes approved under Section 29.360; and
108	108	(4) publishing data and an annual report regarding:
109	109	(A) the number of applications received,
110	110	accepted, and wait-listed, disaggregated by applicant age;
111	111	(B) program participant satisfaction;
112	112	(C) assessment results reported under Section
113	113	29.358(2); and
114	114	(D) the number and percentage of program
115	115	participants who, within one year after graduating from high
116	116	school, are:
117	117	(i) college ready, as indicated by earning
118	118	a minimum of 12 non-remedial credit hours or an associate degree
119	119	from a postsecondary educational institution;
120	120	(ii) career ready, as indicated by earning
121	121	a credential listed in the credential library established by the
122	122	Texas Workforce Commission and the Texas Higher Education
123	123	Coordinating Board under Section 2308A.007, Government Code, or
124	124	employment at or above the median wage in the graduate's region; or
125	125	(iii) military ready, as indicated by
126	126	achieving a passing score set by the applicable military branch on
127	127	the Armed Services Vocational Aptitude Battery and enlisting in the
128	128	armed forces of the United States or the Texas National Guard.
129	129	Sec. 29.356. ELIGIBLE CHILD. (a) A child is eligible to
130	130	participate in the program if the child is eligible to attend a
131	131	public school under Section 25.001 or 29.153(b).
132	132	(b) A child who establishes eligibility under this section
133	133	may participate in the program until the earliest date on which the
134	134	child:
135	135	(1) graduates from high school;
136	136	(2) is no longer eligible to attend a public school
137	137	under Section 25.001 or 29.153(b);
138	138	(3) is entitled to the benefits of the Foundation
139	139	School Program through enrollment in a public school; or
140	140	(4) is declared ineligible for the program by the
141	141	comptroller under this subchapter.
142	142	Sec. 29.357. APPLICATION TO PROGRAM. (a) For the admission
143	143	of applicants to the program, a certified educational assistance
144	144	organization shall:
145	145	(1) require an applicant to complete and submit an
146	146	application form not later than a reasonable biennial deadline
147	147	established by the certified educational assistance organization;
148	148	and
149	149	(2) on receipt of more acceptable applications for
150	150	admission under this section than available positions in the
151	151	program due to funding, prioritize students who are eligible for
152	152	the free or reduced-price lunch program established under 42 U.S.C.
153	153	Section 1751 et seq.
154	154	(b) A certified educational assistance organization shall
155	155	create an application form for the program and make the application
156	156	form readily available to interested parents through various
157	157	sources, including the organization's Internet website. The
158	158	application form must state the application deadline. The
159	159	organization shall ensure that the application form is capable of
160	160	being submitted to the organization electronically.
161	161	(c) A certified educational assistance organization shall
162	162	post on the organization's Internet website an applicant and
163	163	program participant handbook that describes the program,
164	164	including:
165	165	(1) expenses allowed;
166	166	(2) preapproved education service providers and
167	167	vendors of educational products;
168	168	(3) expense reporting requirements; and
169	169	(4) program participant responsibilities.
170	170	(d) A certified educational assistance organization shall
171	171	annually provide to each program participant the information
172	172	required under Subsection (c). The information may be provided
173	173	electronically.
174	174	(e) A program participant in good standing may not be
175	175	required to resubmit an application for continued participation in
176	176	the program each year.
177	177	(f) A program participant may appeal any administrative
178	178	decision made by the comptroller or a certified educational
179	179	assistance organization pursuant to this subchapter, including
180	180	enrollment eligibility, determinations of allowable expenses, or
181	181	removal of the participant from the program.
182	182	Sec. 29.358. PARTICIPATION IN PROGRAM. To receive program
183	183	funding, a parent of an eligible child must agree to:
184	184	(1) spend program funds only for expenses allowed
185	185	under Section 29.360;
186	186	(2) share with the certified educational assistance
187	187	organization the results of assessments required under Section
188	188	29.359(b)(1)(B);
189	189	(3) not sell items purchased under Section
190	190	29.360(a)(2) until 12 months after the purchase; and
191	191	(4) notify the certified educational assistance
192	192	organization not later than 30 days after the date on which the
193	193	child:
194	194	(A) enrolls in a public school, including an
195	195	open-enrollment charter school;
196	196	(B) graduates from high school; or
197	197	(C) is no longer eligible to enroll in a public
198	198	school under Section 25.001 or 29.153(b).
199	199	Sec. 29.359. PREAPPROVED PROVIDERS. (a) The comptroller
200	200	shall by rule establish a process for the preapproval of education
201	201	service providers and vendors of educational products for
202	202	participation in the program. The comptroller shall require
203	203	applicants to complete and submit an application form not later
204	204	than a reasonable quarterly deadline.
205	205	(b) The comptroller shall preapprove an education service
206	206	provider or vendor of educational products for participation in the
207	207	program if:
208	208	(1) for a school, the school demonstrates:
209	209	(A) accreditation by:
210	210	(i) the agency;
211	211	(ii) an organization recognized by the
212	212	agency; or
213	213	(iii) an organization recognized by the
214	214	Texas Private School Accreditation Commission; and
215	215	(B) annual administration of a nationally
216	216	norm-referenced assessment instrument or the appropriate
217	217	assessment instruments required under Subchapter B, Chapter 39;
218	218	(2) for a private tutor, therapist, or teaching
219	219	service, the applicant demonstrates that:
220	220	(A) the tutor or therapist or each employee who
221	221	will provide services to a program participant:
222	222	(i) is certified under Subchapter B,
223	223	Chapter 21;
224	224	(ii) holds a relevant license or
225	225	accreditation issued by a state, regional, or national
226	226	certification or accreditation organization; or
227	227	(iii) is employed in a teaching or tutoring
228	228	capacity by a higher education provider;
229	229	(B) the tutor or therapist or each employee who
230	230	will provide services to a program participant either:
231	231	(i) completes a national criminal history
232	232	record information review; or
233	233	(ii) provides to the comptroller
234	234	documentation indicating that the tutor, therapist, or employee, as
235	235	applicable, has completed a national criminal history record
236	236	information review within a period established by comptroller rule;
237	237	and
238	238	(C) the tutor or therapist or each employee who
239	239	will provide services to a program participant is not listed on the
240	240	registry maintained under Section 22.092; or
241	241	(3) for a higher education provider, the provider
242	242	demonstrates postsecondary accreditation.
243	243	(c) For each private tutor, therapist, or teaching service
244	244	who submits an application, the comptroller shall:
245	245	(1) review the national criminal history record
246	246	information or documentation; and
247	247	(2) verify that the applicant is not listed on the
248	248	registry maintained under Section 22.092.
249	249	(d) If requested by the comptroller, applicants may provide
250	250	information to enable verification of eligibility for preapproval.
251	251	Applicants whose eligibility cannot be verified under Subsection
252	252	(b) may not be preapproved for participation in the program.
253	253	(e) Subject to Sections 29.362(e) and 29.364, at a program
254	254	participant's direction, the comptroller shall disburse to
255	255	preapproved providers payments directly from the participant's
256	256	account. Disbursements may not exceed the participant's account
257	257	balance.
258	258	(f) The comptroller shall by rule establish a process by
259	259	which:
260	260	(1) program participants may be efficiently
261	261	reimbursed for eligible expenses under Section 29.360(a)(2), (4),
262	262	(5), (6), or (7) incurred from education service providers and
263	263	vendors of educational products that are not preapproved under
264	264	Subsection (a); and
265	265	(2) frequently utilized education service providers
266	266	and vendors of educational products under Subsection (f)(1) that
267	267	are in good standing for three continuous school years may receive
268	268	payment directly from Education Savings Accounts.
269	269	Sec. 29.360. APPROVED EDUCATION-RELATED EXPENSES. (a)
270	270	Accounts may be used only for the following expenses incurred by a
271	271	program participant:
272	272	(1) tuition and fees at a preapproved school or higher
273	273	education provider;
274	274	(2) textbooks, other instructional materials, or
275	275	uniforms required by a program participant's school, institution,
276	276	course, or program;
277	277	(3) fees for services provided by a private tutor or
278	278	teaching service;
279	279	(4) academic assessments;
280	280	(5) fees for educational therapies or services for
281	281	which the program participant may not be reimbursed or is partially
282	282	reimbursed by private insurance or federal, state, or local
283	283	government benefits at the time of receiving the therapies or
284	284	services;
285	285	(6) fees for transportation paid to a fee-for-service
286	286	transportation provider for the student to travel to and from an
287	287	education service provider or vendor of educational products; and
288	288	(7) cocurricular activities.
289	289	(b) Money received under the program may not be used to pay
290	290	any person who is a member of the program participant's household.
291	291	(c) A finding that a program participant used money
292	292	distributed under the program to pay for an expense not allowed
293	293	under Subsection (a) does not affect the validity of any payment
294	294	made by the participant for an expense that is allowed under that
295	295	subsection.
296	296	Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) From funds
297	297	available under Section 29.354, the comptroller shall:
298	298	(1) deposit into each program participant's account an
299	299	amount that is equal to the statewide average state and local public
300	300	school maintenance and operations revenue per student in average
301	301	daily attendance for the prior school year; and
302	302	(2) reserve equal portions of funds for students who
303	303	might apply by each biennial deadline established under Section
304	304	29.357(a).
305	305	(b) Any money remaining in a child's account at the end of a
306	306	fiscal year is carried forward to the next fiscal year unless
307	307	another provision of this subchapter mandates the closure of the
308	308	account.
309	309	(c) The ability of program participants to purchase
310	310	educational programs, services, or products with their own account
311	311	funds may not be infringed.
312	312	(d) The Education Savings Account program fund may not
313	313	receive federal revenue or revenue from the available school fund.
314	314	(e) Not later than November 1 of each even-numbered year,
315	315	the comptroller shall submit to the legislature a summary of
316	316	program participant enrollment, an estimate of the savings accruing
317	317	to the state as a result of the program, and an estimate of the total
318	318	amount of funding required for the program for the following state
319	319	fiscal biennium.
320	320	(f) Account funds received by program participants do not
321	321	constitute taxable income to the parent of the participating
322	322	student.
323	323	Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) The
324	324	comptroller shall make quarterly payments to each program
325	325	participant's account in equal amounts on or before the first day of
326	326	July, October, January, and April.
327	327	(b) Each year, the comptroller may deduct an amount from the
328	328	total amount of money allocated to the Education Savings Account
329	329	program fund to cover the cost of administering the program. The
330	330	amount deducted may not exceed three percent of annual program
331	331	funds.
332	332	(c) Each quarter, the comptroller shall disburse to a
333	333	certified educational assistance organization an amount from the
334	334	total amount of money allocated to the Education Savings Account
335	335	program fund to cover the organization's cost of administering the
336	336	program. The amount disbursed each year may not exceed five percent
337	337	of annual program funds.
338	338	(d) Before payments are made under Subsection (a) in October
339	339	and April, the certified educational assistance organization
340	340	shall:
341	341	(1) verify with the agency that a program participant
342	342	is not entitled to the benefits of the Foundation School Program
343	343	through enrollment in a public school; and
344	344	(2) notify the comptroller if the organization
345	345	determines that a program participant is enrolled in a public
346	346	school, including an open-enrollment charter school, and entitled
347	347	to the benefits of the Foundation School Program.
348	348	(e) On the date on which a program participant is no longer
349	349	eligible to participate in the program under Section 29.356, the
350	350	comptroller shall close the program participant's account and
351	351	return any remaining revenue to the Education Savings Account
352	352	program fund.
353	353	Sec. 29.363. RANDOM AUDITING. (a) The comptroller may
354	354	contract with a private entity to randomly audit accounts and a
355	355	certified educational assistance organization as necessary to
356	356	ensure compliance with applicable law and program requirements.
357	357	(b) In conducting an audit, the comptroller or private
358	358	entity may require that a program participant or a certified
359	359	educational assistance organization provide additional information
360	360	and documentation regarding any payment made with program funds.
361	361	(c) The private entity shall report to the comptroller any
362	362	violation of this subchapter or other relevant law found by the
363	363	entity during an audit conducted under this section. The
364	364	comptroller shall report the violation to the:
365	365	(1) certified educational assistance organization;
366	366	(2) education service provider or vendor of
367	367	educational products, as applicable; and
368	368	(3) parents of affected program participants.
369	369	Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
370	370	shall suspend the account of a program participant who fails to
371	371	remain in good standing by complying with applicable law or program
372	372	requirements.
373	373	(b) On suspension of an account under Subsection (a), the
374	374	comptroller shall notify the program participant in writing that
375	375	the account has been suspended and that no additional payments may
376	376	be made from the account. The notification must specify the grounds
377	377	for the suspension and state that the participant has 30 business
378	378	days to respond and take any corrective action required by the
379	379	comptroller.
380	380	(c) On the expiration of the 30th business day under
381	381	Subsection (b), the comptroller shall:
382	382	(1) order closure of the suspended account;
383	383	(2) order temporary reinstatement of the account,
384	384	conditioned on the performance of a specified action by the program
385	385	participant; or
386	386	(3) order full reinstatement of the account.
387	387	(d) If the program participant's account is suspended or
388	388	closed under this section, the comptroller may recover from the
389	389	participant or other entity money distributed to the account that
390	390	was used for expenses not allowed under Section 29.360.
391	391	Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
392	392	education service provider or vendor of educational products may
393	393	not charge a program participant an amount greater than the amount
394	394	charged for that product or service by the provider or vendor to an
395	395	individual who is not a program participant.
396	396	(b) An education service provider or a vendor of educational
397	397	products receiving money distributed under the program may not in
398	398	any manner rebate, refund, credit to, or share with a program
399	399	participant, or any person on behalf of a participant, any program
400	400	funds paid or owed by the participant to the provider or vendor.
401	401	Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
402	402	comptroller or a certified educational assistance organization
403	403	obtains evidence of fraudulent use of an account, the comptroller
404	404	or organization shall notify the district attorney with
405	405	jurisdiction over the residence of the program participant.
406	406	Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) A certified
407	407	educational assistance organization shall post on the
408	408	organization's Internet website and provide to each parent who
409	409	submits an application for the program a notice that:
410	410	(1) a private school is not subject in the same manner
411	411	as a public school to federal and state laws regarding the provision
412	412	of educational services to a child with a disability; and
413	413	(2) provides information regarding rights to which a
414	414	child with a disability is entitled under federal and state law if
415	415	the child attends a public school, including:
416	416	(A) rights provided under the Individuals with
417	417	Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
418	418	(B) rights provided under Subchapter A.
419	419	(b) A private school in which a program participant with a
420	420	disability enrolls shall provide to the child's parent a copy of the
421	421	notice required under Subsection (a).
422	422	Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
423	423	AUTONOMY. (a) Receiving funds from the program does not make an
424	424	education service provider or vendor of educational products a
425	425	recipient of federal financial assistance.
426	426	(b) A rule or other action by any person, governmental body,
427	427	court of law, or administrator of the program shall not, in any
428	428	matter related to the program:
429	429	(1) limit the independence or autonomy of an education
430	430	service provider;
431	431	(2) deem the actions of an education service provider
432	432	to be the actions of the state government or make the education
433	433	service provider a state actor;
434	434	(3) impose any additional regulation on education
435	435	service providers beyond those necessary to enforce the
436	436	requirements of the program;
437	437	(4) require an education service provider to modify
438	438	its creed, practices, admissions policies, curriculum, performance
439	439	standards, employment policies, or assessments to accept
440	440	recipients of funds from the program;
441	441	(5) take any action that limits an education service
442	442	provider in determining how to educate its students or in
443	443	exercising its religious or institutional values; or
444	444	(6) take any action that imposes an obligation on the
445	445	education service provider to act contrary to its religious or
446	446	institutional values.
447	447	(c) With regard to a program participant who is not enrolled
448	448	in an accredited school, a rule or other action by any person,
449	449	governmental body, court of law, or administrator of the program
450	450	may not, in any matter related to the program:
451	451	(1) limit the independence or autonomy of the program
452	452	participant;
453	453	(2) deem the actions of the program participant to be
454	454	the actions of the state government or make the program participant
455	455	a state actor;
456	456	(3) impose any additional regulation on the program
457	457	participant beyond what is necessary to enforce the requirements of
458	458	the program;
459	459	(4) require the program participant to modify their
460	460	creed, practices, admissions policies, curriculum, performance
461	461	standards, employment policies, or assessments to accept
462	462	recipients of funds from the program;
463	463	(5) take any action that limits the program
464	464	participant in determining their educational content or in
465	465	exercising religious values; or
466	466	(6) take any action that imposes an obligation on the
467	467	program participant to act contrary to their religious values.
468	468	(d) In any proceeding challenging a rule adopted under the
469	469	authority of or related to this subchapter, the state agency,
470	470	officer, or other person adopting the rule has the burden of proof
471	471	to establish by clear and convincing evidence that the rule:
472	472	(1) is necessary to implement the program;
473	473	(2) does not violate this section;
474	474	(3) does not impose an undue burden on a program
475	475	participant or an education service provider or vendor of
476	476	educational products that participates or applies to participate in
477	477	the program; and
478	478	(4) is the least restrictive means of accomplishing
479	479	the intended purposes, while at the same time recognizing the
480	480	independence of education service providers or vendors of
481	481	educational products to meet the educational needs of their
482	482	students in accordance with their religious or institutional
483	483	values.
484	484	Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
485	485	request by the parent of a child participating or seeking to
486	486	participate in the program, the school district or open-enrollment
487	487	charter school that the child would otherwise attend shall provide
488	488	a copy of the child's school records possessed by the district or
489	489	school, if any, to the child's parent or, if applicable, the private
490	490	school the child attends or is seeking to attend.
491	491	(b) As necessary to verify eligibility for the program, the
492	492	agency shall provide to a certified educational assistance
493	493	organization any information available to the agency requested by
494	494	the organization regarding a program participant or applicant. The
495	495	certified educational assistance organization may not retain
496	496	information provided under this subsection beyond the period
497	497	necessary to determine a child's eligibility to participate in the
498	498	program.
499	499	Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
500	500	and a certified educational assistance organization may solicit and
501	501	accept gifts, grants, and donations from any public or private
502	502	source for any expenses related to the program, including
503	503	establishing the program.
504	504	Sec. 29.371. RULES; PROCEDURES. (a) The comptroller shall
505	505	adopt rules and procedures as necessary to implement, administer,
506	506	and enforce this subchapter. The comptroller may adopt the initial
507	507	rules in the manner provided by law for emergency rules.
508	508	(b) A rule adopted under Subsection (a) is binding on an
509	509	organization that applies for certification as an educational
510	510	assistance organization and a state or local governmental entity,
511	511	including a political subdivision.
512	512	Sec. 29.372. RULES; PROCEDURES. The comptroller shall
513	513	adopt rules and procedures as necessary to implement, administer,
514	514	and enforce this subchapter. The comptroller may adopt the initial
515	515	rules in the manner provided by law for emergency rules.
516	516	Sec. 29.373. PARENTAL AND STUDENT RIGHT TO INTERVENE IN
517	517	CIVIL ACTION. (a) A child, a parent, and education service
518	518	providers or vendors of educational products who are eligible to
519	519	participate in the program may intervene in any civil action
520	520	challenging the constitutionality of the program.
521	521	(b) A court in which a civil action described by Subsection
522	522	(a) is filed may require that all children and parents of children
523	523	who are eligible to participate in the program wishing to intervene
524	524	in the action file a joint brief. Children and parents of children
525	525	who are eligible to participate in the program may not be required
526	526	to join a brief filed on behalf of the state or a state agency.
527	527	Sec. 29.374. VENUE, STANDING, AND PROCEDURE IN LEGAL
528	528	PROCEEDINGS CONCERNING THE PROGRAM. (a) Any question regarding
529	529	the constitutionality or other validity under the state or federal
530	530	constitution of all or any part of this subchapter may be determined
531	531	in any state district court in which the violation is alleged to
532	532	have occurred or where the claimant resides or has its principal
533	533	place of business.
534	534	(b) An organization or parent of an eligible child who is
535	535	adversely affected or aggrieved by a determination or order made by
536	536	the comptroller or a certified educational assistance organization
537	537	under this subchapter may obtain a review of such determination or
538	538	order in any state district court in which the child resides or
539	539	where the organization has its principal place of business.
540	540	(c) An order or judgment, however characterized, of a trial
541	541	court granting or denying a temporary or otherwise interlocutory
542	542	injunction or a permanent injunction on the grounds of the
543	543	constitutionality or unconstitutionality, or other validity or
544	544	invalidity, under the state or federal constitution of all or any
545	545	part of this subchapter may be reviewed only by direct appeal to the
546	546	Supreme Court of Texas filed not later than the 15th day after entry
547	547	of the order or judgment. All appeals shall be heard and determined
548	548	by the district court and the Supreme Court of Texas as
549	549	expeditiously as possible with lawful precedence over other
550	550	matters. Such a direct appeal is an accelerated appeal.
551	551	(d) The filing of a direct appeal under this section will
552	552	automatically stay any temporary or otherwise interlocutory
553	553	injunction or permanent injunction pending final determination by
554	554	the Supreme Court of Texas, unless the supreme court makes specific
555	555	findings that the applicant seeking such injunctive relief has
556	556	pleaded and proved that:
557	557	(1) the applicant has a probable right to the relief it
558	558	seeks on final hearing;
559	559	(2) the applicant will suffer a probable injury that
560	560	is imminent and irreparable, and that the applicant has no other
561	561	legal remedy; and
562	562	(3) maintaining the injunction is in the public
563	563	interest.
564	564	(e) An appeal under this section, including an
565	565	interlocutory, accelerated, or direct appeal, is governed, as
566	566	applicable, by the Texas Rules of Appellate Procedure, including
567	567	Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
568	568	40.1(b), and 49.4.
569	569	(f) This section does not authorize an award of attorney's
570	570	fees against this state, and Section 37.009, Civil Practice and
571	571	Remedies Code, does not apply to an action filed under this section.
572	572	SECTION 5. Section 411.109, Government Code, is amended by
573	573	adding Subsection (c) to read as follows:
574	574	(c) The comptroller is entitled to obtain criminal history
575	575	record information maintained by the department about a person who
576	576	is a private tutor, a therapist, or an employee of a teaching
577	577	service or school who intends to provide educational services to a
578	578	child participating in the program established under Subchapter J,
579	579	Chapter 29, Education Code.
580	580	SECTION 6. Section 22.092(d), Education Code, is amended to
581	581	read as follows:
582	582	(d) The agency shall provide equivalent access to the
583	583	registry maintained under this section to:
584	584	(1) private schools;
585	585	(2) public schools; [and]
586	586	(3) nonprofit teacher organizations approved by the
587	587	commissioner for the purpose of participating in the tutoring
588	588	program established under Section 33.913; and
589	589	(4) the comptroller, for the purpose of preapproving
590	590	education service providers and vendors of educational products as
591	591	required under Section 29.359.
592	592	SECTION 7. Not later than November 15, 2023, the
593	593	comptroller of public accounts shall adopt rules as provided by
594	594	Section 29.372, Education Code, as added by this Act.
595	595	SECTION 8. The comptroller of public accounts is required
596	596	to implement a provision of this Act only if the legislature
597	597	appropriates money specifically for that purpose or funds are
598	598	provided through gifts, grants, or donations. If the legislature
599	599	does not appropriate money specifically for that purpose and funds
600	600	are not provided through gifts, grants, or donations, the
601	601	comptroller may, but is not required to, implement this Act using
602	602	other appropriations available for that purpose.
603	603	SECTION 9. (a) Any question regarding the
604	604	constitutionality or other validity under the state or federal
605	605	constitution of all or any part of Subchapter J, Chapter 29,
606	606	Education Code, as added by this Act, may be determined in any state
607	607	district court in which the violation is alleged to have occurred or
608	608	where the claimant resides or has its principal place of business.
609	609	(b) An organization or parent of an eligible child who is
610	610	adversely affected or aggrieved by a determination or order made by
611	611	the comptroller or a certified educational assistance organization
612	612	under Subchapter J, Chapter 29, Education Code, as added by this Act
613	613	may obtain a review of such order in any state district court in
614	614	which the child resides or where the organization has its principal
615	615	place of business.
616	616	(c) An order, however characterized, of a trial court
617	617	granting or denying a temporary or otherwise interlocutory
618	618	injunction or a permanent injunction on the grounds of the
619	619	constitutionality or unconstitutionality, or other validity or
620	620	invalidity, under the state or federal constitution of all or any
621	621	part of Subchapter J, Chapter 29, Education Code, as added by this
622	622	Act, may be reviewed only by direct appeal to the Supreme Court of
623	623	Texas filed within 15 days after entry of judgment. All appeals
624	624	shall be heard and determined by the district court and the Supreme
625	625	Court of Texas as expeditiously as possible with lawful precedence
626	626	over other matters.
627	627	(d) The direct appeal is an accelerated appeal.
628	628	(e) This section exercises the authority granted by Section
629	629	3-b, Article V, of the Texas Constitution.
630	630	(f) The filing of a direct appeal under this section will
631	631	automatically stay any temporary or otherwise interlocutory
632	632	injunction or permanent injunction granted in accordance with this
633	633	section pending final determination by the Texas Supreme Court,
634	634	unless the supreme court makes specific findings that the applicant
635	635	seeking such injunctive relief has pleaded and proved that:
636	636	(1) the applicant has a probable right to the relief it
637	637	seeks on final hearing;
638	638	(2) the applicant will suffer a probable injury that
639	639	is imminent and irreparable, and that the applicant has no other
640	640	legal remedy; and
641	641	(3) maintaining the injunction is in the public
642	642	interest.
643	643	(g) An appeal under this section, including an
644	644	interlocutory, accelerated, or direct appeal, is governed, as
645	645	applicable, by the Texas Rules of Appellate Procedure, including
646	646	Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
647	647	40.1(b), and 49.4.
648	648	(h) This section does not authorize an award of attorneys'
649	649	fees against this state and Section 37.009, Civil Practice and
650	650	Remedies Code, does not apply to an action filed under this section.
651	651	SECTION 10. It is the intent of the legislature that every
652	652	provision, section, subsection, sentence, clause, phrase, or word
653	653	in this Act, and every application of the provisions in this Act to
654	654	each person or entity, are severable from each other. If any
655	655	application of any provision in this Act to any person, group of
656	656	persons, or circumstances is found by a court to be invalid for any
657	657	reason, the remaining applications of that provision to all other
658	658	persons and circumstances shall be severed and may not be affected.
659	659	SECTION 11. This Act takes effect immediately if it
660	660	receives a vote of two-thirds of all the members elected to each
661	661	house, as provided by Section 39, Article III, Texas Constitution.
662	662	If this Act does not receive the vote necessary for immediate
663	663	effect, this Act takes effect September 1, 2023.