By: Paxton S.B. No. 2483
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an Education Savings Account
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Parent Empowerment
Act.
SECTION 2. The purpose of this Act is to provide families
with additional educational options to assist in exercising their
right to direct the educational needs of their children and achieve
a general diffusion of knowledge.
SECTION 3. Chapter 26, Education Code, is amended by adding
Section 26.0025 to read as follows:
Sec. 26.0025. RIGHT TO SELECT PUBLIC OR PRIVATE EDUCATION.
(a) A parent or guardian is entitled to choose the educational
setting for the parent or guardian's child, whether public or
private.
(b) If a parent or guardian chooses a private educational
setting for the child, funding shall be directed to the child as
provided in the manner described by Subchapter J, Chapter 29.
SECTION 4. Chapter 29, Education Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
Sec. 29.351. DEFINITIONS. In this subchapter:
(1) "Account" means an Education Savings Account
established under this subchapter.
(2) "Certified educational assistance organization"
means an educational assistance organization certified under
Section 29.355 to support administration of the program.
(3) "Cocurricular activity" means an activity that
directly adds value to classroom instruction and curriculum,
including academic field trips, performances, contests,
demonstrations, and displays. Cocurricular activities are
distinct from extracurricular activities, which include athletic
and nonacademic activities.
(4) "Education service provider" or "vendor of
educational products" means a person who supplies goods or services
listed under Section 29.360(a).
(5) "Higher education provider" includes entities
described by Sections 61.003(6) and (8) and accredited private
postsecondary institutions that are exempt from taxation under
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(3)).
(6) "Parent" means a resident of this state who is a
natural or adoptive parent, managing or possessory conservator,
legal guardian, custodian, or other person with legal authority to
act on behalf of a child.
(7) "Program" means the Education Savings Account
program established under this subchapter.
(8) "Program participant" means a child and a parent
of a child enrolled in the program.
Sec. 29.352. PURPOSE. The purpose of this subchapter is to
provide families with additional educational options to assist in
exercising their right to direct the educational needs of their
children.
Sec. 29.353. ESTABLISHMENT OF PROGRAM. The comptroller
shall establish an Education Savings Account program to provide
funding for approved education-related expenses of program
participants.
Sec. 29.354. EDUCATION SAVINGS ACCOUNT PROGRAM FUND. (a)
The Education Savings Account program fund is an account in the
general revenue fund to be administered by the comptroller.
(b) The fund is composed of:
(1) general revenue transferred to the fund;
(2) money appropriated to the fund;
(3) gifts, grants, and donations received under
Section 29.370; and
(4) any other money available for purposes of the
program.
(c) Money in the fund may be appropriated to the comptroller
only for purposes of making payments to program participants and
administering the program under this subchapter.
Sec. 29.355. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
ORGANIZATION. (a) An organization may apply to the comptroller for
certification as a certified educational assistance organization
during an application period established by the comptroller. The
comptroller may certify one or more educational assistance
organizations to assist in administering the program.
(b) To be eligible for certification, the applicant for
certification as a certified educational assistance organization
must:
(1) be able to perform the duties and functions
required of a certified educational assistance organization under
this subchapter;
(2) be in good standing with the state; and
(3) be able to assist the comptroller in administering
the program, including having the ability to:
(A) accept, process, and track applications for
the program;
(B) help prospective applicants, applicants, and
program participants find preapproved education service providers
and vendors of educational products; and
(C) verify that program funding is used only for
approved education-related expenses.
(c) A certified educational assistance organization shall
assist the comptroller in administering the program, including by:
(1) administering the application process in Section
29.357;
(2) helping prospective applicants, applicants, and
program participants understand eligible expenses and find
preapproved education service providers and vendors of educational
products;
(3) expending the funds in a program participant's
account only for purposes approved under Section 29.360; and
(4) publishing data and an annual report regarding:
(A) the number of applications received,
accepted, and wait-listed, disaggregated by applicant age;
(B) program participant satisfaction;
(C) assessment results reported under Section
29.358(2); and
(D) the number and percentage of program
participants who, within one year after graduating from high
school, are:
(i) college ready, as indicated by earning
a minimum of 12 non-remedial credit hours or an associate degree
from a postsecondary educational institution;
(ii) career ready, as indicated by earning
a credential listed in the credential library established by the
Texas Workforce Commission and the Texas Higher Education
Coordinating Board under Section 2308A.007, Government Code, or
employment at or above the median wage in the graduate's region; or
(iii) military ready, as indicated by
achieving a passing score set by the applicable military branch on
the Armed Services Vocational Aptitude Battery and enlisting in the
armed forces of the United States or the Texas National Guard.
Sec. 29.356. ELIGIBLE CHILD. (a) A child is eligible to
participate in the program if the child is eligible to attend a
public school under Section 25.001 or 29.153(b).
(b) A child who establishes eligibility under this section
may participate in the program until the earliest date on which the
child:
(1) graduates from high school;
(2) is no longer eligible to attend a public school
under Section 25.001 or 29.153(b);
(3) is entitled to the benefits of the Foundation
School Program through enrollment in a public school; or
(4) is declared ineligible for the program by the
comptroller under this subchapter.
Sec. 29.357. APPLICATION TO PROGRAM. (a) For the admission
of applicants to the program, a certified educational assistance
organization shall:
(1) require an applicant to complete and submit an
application form not later than a reasonable biennial deadline
established by the certified educational assistance organization;
and
(2) on receipt of more acceptable applications for
admission under this section than available positions in the
program due to funding, prioritize students who are eligible for
the free or reduced-price lunch program established under 42 U.S.C.
Section 1751 et seq.
(b) A certified educational assistance organization shall
create an application form for the program and make the application
form readily available to interested parents through various
sources, including the organization's Internet website. The
application form must state the application deadline. The
organization shall ensure that the application form is capable of
being submitted to the organization electronically.
(c) A certified educational assistance organization shall
post on the organization's Internet website an applicant and
program participant handbook that describes the program,
including:
(1) expenses allowed;
(2) preapproved education service providers and
vendors of educational products;
(3) expense reporting requirements; and
(4) program participant responsibilities.
(d) A certified educational assistance organization shall
annually provide to each program participant the information
required under Subsection (c). The information may be provided
electronically.
(e) A program participant in good standing may not be
required to resubmit an application for continued participation in
the program each year.
(f) A program participant may appeal any administrative
decision made by the comptroller or a certified educational
assistance organization pursuant to this subchapter, including
enrollment eligibility, determinations of allowable expenses, or
removal of the participant from the program.
Sec. 29.358. PARTICIPATION IN PROGRAM. To receive program
funding, a parent of an eligible child must agree to:
(1) spend program funds only for expenses allowed
under Section 29.360;
(2) share with the certified educational assistance
organization the results of assessments required under Section
29.359(b)(1)(B);
(3) not sell items purchased under Section
29.360(a)(2) until 12 months after the purchase; and
(4) notify the certified educational assistance
organization not later than 30 days after the date on which the
child:
(A) enrolls in a public school, including an
open-enrollment charter school;
(B) graduates from high school; or
(C) is no longer eligible to enroll in a public
school under Section 25.001 or 29.153(b).
Sec. 29.359. PREAPPROVED PROVIDERS. (a) The comptroller
shall by rule establish a process for the preapproval of education
service providers and vendors of educational products for
participation in the program. The comptroller shall require
applicants to complete and submit an application form not later
than a reasonable quarterly deadline.
(b) The comptroller shall preapprove an education service
provider or vendor of educational products for participation in the
program if:
(1) for a school, the school demonstrates:
(A) accreditation by:
(i) the agency;
(ii) an organization recognized by the
agency; or
(iii) an organization recognized by the
Texas Private School Accreditation Commission; and
(B) annual administration of a nationally
norm-referenced assessment instrument or the appropriate
assessment instruments required under Subchapter B, Chapter 39;
(2) for a private tutor, therapist, or teaching
service, the applicant demonstrates that:
(A) the tutor or therapist or each employee who
will provide services to a program participant:
(i) is certified under Subchapter B,
Chapter 21;
(ii) holds a relevant license or
accreditation issued by a state, regional, or national
certification or accreditation organization; or
(iii) is employed in a teaching or tutoring
capacity by a higher education provider;
(B) the tutor or therapist or each employee who
will provide services to a program participant either:
(i) completes a national criminal history
record information review; or
(ii) provides to the comptroller
documentation indicating that the tutor, therapist, or employee, as
applicable, has completed a national criminal history record
information review within a period established by comptroller rule;
and
(C) the tutor or therapist or each employee who
will provide services to a program participant is not listed on the
registry maintained under Section 22.092; or
(3) for a higher education provider, the provider
demonstrates postsecondary accreditation.
(c) For each private tutor, therapist, or teaching service
who submits an application, the comptroller shall:
(1) review the national criminal history record
information or documentation; and
(2) verify that the applicant is not listed on the
registry maintained under Section 22.092.
(d) If requested by the comptroller, applicants may provide
information to enable verification of eligibility for preapproval.
Applicants whose eligibility cannot be verified under Subsection
(b) may not be preapproved for participation in the program.
(e) Subject to Sections 29.362(e) and 29.364, at a program
participant's direction, the comptroller shall disburse to
preapproved providers payments directly from the participant's
account. Disbursements may not exceed the participant's account
balance.
(f) The comptroller shall by rule establish a process by
which:
(1) program participants may be efficiently
reimbursed for eligible expenses under Section 29.360(a)(2), (4),
(5), (6), or (7) incurred from education service providers and
vendors of educational products that are not preapproved under
Subsection (a); and
(2) frequently utilized education service providers
and vendors of educational products under Subsection (f)(1) that
are in good standing for three continuous school years may receive
payment directly from Education Savings Accounts.
Sec. 29.360. APPROVED EDUCATION-RELATED EXPENSES. (a)
Accounts may be used only for the following expenses incurred by a
program participant:
(1) tuition and fees at a preapproved school or higher
education provider;
(2) textbooks, other instructional materials, or
uniforms required by a program participant's school, institution,
course, or program;
(3) fees for services provided by a private tutor or
teaching service;
(4) academic assessments;
(5) fees for educational therapies or services for
which the program participant may not be reimbursed or is partially
reimbursed by private insurance or federal, state, or local
government benefits at the time of receiving the therapies or
services;
(6) fees for transportation paid to a fee-for-service
transportation provider for the student to travel to and from an
education service provider or vendor of educational products; and
(7) cocurricular activities.
(b) Money received under the program may not be used to pay
any person who is a member of the program participant's household.
(c) A finding that a program participant used money
distributed under the program to pay for an expense not allowed
under Subsection (a) does not affect the validity of any payment
made by the participant for an expense that is allowed under that
subsection.
Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) From funds
available under Section 29.354, the comptroller shall:
(1) deposit into each program participant's account an
amount that is equal to the statewide average state and local public
school maintenance and operations revenue per student in average
daily attendance for the prior school year; and
(2) reserve equal portions of funds for students who
might apply by each biennial deadline established under Section
29.357(a).
(b) Any money remaining in a child's account at the end of a
fiscal year is carried forward to the next fiscal year unless
another provision of this subchapter mandates the closure of the
account.
(c) The ability of program participants to purchase
educational programs, services, or products with their own account
funds may not be infringed.
(d) The Education Savings Account program fund may not
receive federal revenue or revenue from the available school fund.
(e) Not later than November 1 of each even-numbered year,
the comptroller shall submit to the legislature a summary of
program participant enrollment, an estimate of the savings accruing
to the state as a result of the program, and an estimate of the total
amount of funding required for the program for the following state
fiscal biennium.
(f) Account funds received by program participants do not
constitute taxable income to the parent of the participating
student.
Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) The
comptroller shall make quarterly payments to each program
participant's account in equal amounts on or before the first day of
July, October, January, and April.
(b) Each year, the comptroller may deduct an amount from the
total amount of money allocated to the Education Savings Account
program fund to cover the cost of administering the program. The
amount deducted may not exceed three percent of annual program
funds.
(c) Each quarter, the comptroller shall disburse to a
certified educational assistance organization an amount from the
total amount of money allocated to the Education Savings Account
program fund to cover the organization's cost of administering the
program. The amount disbursed each year may not exceed five percent
of annual program funds.
(d) Before payments are made under Subsection (a) in October
and April, the certified educational assistance organization
shall:
(1) verify with the agency that a program participant
is not entitled to the benefits of the Foundation School Program
through enrollment in a public school; and
(2) notify the comptroller if the organization
determines that a program participant is enrolled in a public
school, including an open-enrollment charter school, and entitled
to the benefits of the Foundation School Program.
(e) On the date on which a program participant is no longer
eligible to participate in the program under Section 29.356, the
comptroller shall close the program participant's account and
return any remaining revenue to the Education Savings Account
program fund.
Sec. 29.363. RANDOM AUDITING. (a) The comptroller may
contract with a private entity to randomly audit accounts and a
certified educational assistance organization as necessary to
ensure compliance with applicable law and program requirements.
(b) In conducting an audit, the comptroller or private
entity may require that a program participant or a certified
educational assistance organization provide additional information
and documentation regarding any payment made with program funds.
(c) The private entity shall report to the comptroller any
violation of this subchapter or other relevant law found by the
entity during an audit conducted under this section. The
comptroller shall report the violation to the:
(1) certified educational assistance organization;
(2) education service provider or vendor of
educational products, as applicable; and
(3) parents of affected program participants.
Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
shall suspend the account of a program participant who fails to
remain in good standing by complying with applicable law or program
requirements.
(b) On suspension of an account under Subsection (a), the
comptroller shall notify the program participant in writing that
the account has been suspended and that no additional payments may
be made from the account. The notification must specify the grounds
for the suspension and state that the participant has 30 business
days to respond and take any corrective action required by the
comptroller.
(c) On the expiration of the 30th business day under
Subsection (b), the comptroller shall:
(1) order closure of the suspended account;
(2) order temporary reinstatement of the account,
conditioned on the performance of a specified action by the program
participant; or
(3) order full reinstatement of the account.
(d) If the program participant's account is suspended or
closed under this section, the comptroller may recover from the
participant or other entity money distributed to the account that
was used for expenses not allowed under Section 29.360.
Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
education service provider or vendor of educational products may
not charge a program participant an amount greater than the amount
charged for that product or service by the provider or vendor to an
individual who is not a program participant.
(b) An education service provider or a vendor of educational
products receiving money distributed under the program may not in
any manner rebate, refund, credit to, or share with a program
participant, or any person on behalf of a participant, any program
funds paid or owed by the participant to the provider or vendor.
Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
comptroller or a certified educational assistance organization
obtains evidence of fraudulent use of an account, the comptroller
or organization shall notify the district attorney with
jurisdiction over the residence of the program participant.
Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) A certified
educational assistance organization shall post on the
organization's Internet website and provide to each parent who
submits an application for the program a notice that:
(1) a private school is not subject in the same manner
as a public school to federal and state laws regarding the provision
of educational services to a child with a disability; and
(2) provides information regarding rights to which a
child with a disability is entitled under federal and state law if
the child attends a public school, including:
(A) rights provided under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
(B) rights provided under Subchapter A.
(b) A private school in which a program participant with a
disability enrolls shall provide to the child's parent a copy of the
notice required under Subsection (a).
Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
AUTONOMY. (a) Receiving funds from the program does not make an
education service provider or vendor of educational products a
recipient of federal financial assistance.
(b) A rule or other action by any person, governmental body,
court of law, or administrator of the program shall not, in any
matter related to the program:
(1) limit the independence or autonomy of an education
service provider;
(2) deem the actions of an education service provider
to be the actions of the state government or make the education
service provider a state actor;
(3) impose any additional regulation on education
service providers beyond those necessary to enforce the
requirements of the program;
(4) require an education service provider to modify
its creed, practices, admissions policies, curriculum, performance
standards, employment policies, or assessments to accept
recipients of funds from the program;
(5) take any action that limits an education service
provider in determining how to educate its students or in
exercising its religious or institutional values; or
(6) take any action that imposes an obligation on the
education service provider to act contrary to its religious or
institutional values.
(c) With regard to a program participant who is not enrolled
in an accredited school, a rule or other action by any person,
governmental body, court of law, or administrator of the program
may not, in any matter related to the program:
(1) limit the independence or autonomy of the program
participant;
(2) deem the actions of the program participant to be
the actions of the state government or make the program participant
a state actor;
(3) impose any additional regulation on the program
participant beyond what is necessary to enforce the requirements of
the program;
(4) require the program participant to modify their
creed, practices, admissions policies, curriculum, performance
standards, employment policies, or assessments to accept
recipients of funds from the program;
(5) take any action that limits the program
participant in determining their educational content or in
exercising religious values; or
(6) take any action that imposes an obligation on the
program participant to act contrary to their religious values.
(d) In any proceeding challenging a rule adopted under the
authority of or related to this subchapter, the state agency,
officer, or other person adopting the rule has the burden of proof
to establish by clear and convincing evidence that the rule:
(1) is necessary to implement the program;
(2) does not violate this section;
(3) does not impose an undue burden on a program
participant or an education service provider or vendor of
educational products that participates or applies to participate in
the program; and
(4) is the least restrictive means of accomplishing
the intended purposes, while at the same time recognizing the
independence of education service providers or vendors of
educational products to meet the educational needs of their
students in accordance with their religious or institutional
values.
Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
request by the parent of a child participating or seeking to
participate in the program, the school district or open-enrollment
charter school that the child would otherwise attend shall provide
a copy of the child's school records possessed by the district or
school, if any, to the child's parent or, if applicable, the private
school the child attends or is seeking to attend.
(b) As necessary to verify eligibility for the program, the
agency shall provide to a certified educational assistance
organization any information available to the agency requested by
the organization regarding a program participant or applicant. The
certified educational assistance organization may not retain
information provided under this subsection beyond the period
necessary to determine a child's eligibility to participate in the
program.
Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
and a certified educational assistance organization may solicit and
accept gifts, grants, and donations from any public or private
source for any expenses related to the program, including
establishing the program.
Sec. 29.371. RULES; PROCEDURES. (a) The comptroller shall
adopt rules and procedures as necessary to implement, administer,
and enforce this subchapter. The comptroller may adopt the initial
rules in the manner provided by law for emergency rules.
(b) A rule adopted under Subsection (a) is binding on an
organization that applies for certification as an educational
assistance organization and a state or local governmental entity,
including a political subdivision.
Sec. 29.372. RULES; PROCEDURES. The comptroller shall
adopt rules and procedures as necessary to implement, administer,
and enforce this subchapter. The comptroller may adopt the initial
rules in the manner provided by law for emergency rules.
Sec. 29.373. PARENTAL AND STUDENT RIGHT TO INTERVENE IN
CIVIL ACTION. (a) A child, a parent, and education service
providers or vendors of educational products who are eligible to
participate in the program may intervene in any civil action
challenging the constitutionality of the program.
(b) A court in which a civil action described by Subsection
(a) is filed may require that all children and parents of children
who are eligible to participate in the program wishing to intervene
in the action file a joint brief. Children and parents of children
who are eligible to participate in the program may not be required
to join a brief filed on behalf of the state or a state agency.
Sec. 29.374. VENUE, STANDING, AND PROCEDURE IN LEGAL
PROCEEDINGS CONCERNING THE PROGRAM. (a) Any question regarding
the constitutionality or other validity under the state or federal
constitution of all or any part of this subchapter may be determined
in any state district court in which the violation is alleged to
have occurred or where the claimant resides or has its principal
place of business.
(b) An organization or parent of an eligible child who is
adversely affected or aggrieved by a determination or order made by
the comptroller or a certified educational assistance organization
under this subchapter may obtain a review of such determination or
order in any state district court in which the child resides or
where the organization has its principal place of business.
(c) An order or judgment, 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 this subchapter may be reviewed only by direct appeal to the
Supreme Court of Texas filed not later than the 15th day after entry
of the order or judgment. All appeals shall be heard and determined
by the district court and the Supreme Court of Texas as
expeditiously as possible with lawful precedence over other
matters. Such a direct appeal is an accelerated appeal.
(d) The filing of a direct appeal under this section will
automatically stay any temporary or otherwise interlocutory
injunction or permanent injunction pending final determination by
the Supreme Court of Texas, 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;
(2) the applicant will suffer a probable injury that
is imminent and irreparable, and that the applicant has no other
legal remedy; and
(3) maintaining the injunction is in the public
interest.
(e) 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), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
40.1(b), and 49.4.
(f) 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.
SECTION 5. Section 411.109, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The comptroller is entitled to obtain criminal history
record information maintained by the department about a person who
is a private tutor, a therapist, or an employee of a teaching
service or school who intends to provide educational services to a
child participating in the program established under Subchapter J,
Chapter 29, Education Code.
SECTION 6. Section 22.092(d), Education Code, is amended to
read as follows:
(d) The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) public schools; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913; and
(4) the comptroller, for the purpose of preapproving
education service providers and vendors of educational products as
required under Section 29.359.
SECTION 7. Not later than November 15, 2023, the
comptroller of public accounts shall adopt rules as provided by
Section 29.372, Education Code, as added by this Act.
SECTION 8. The comptroller of public accounts is required
to implement a provision of this Act only if the legislature
appropriates money specifically for that purpose or funds are
provided through gifts, grants, or donations. If the legislature
does not appropriate money specifically for that purpose and funds
are not provided through gifts, grants, or donations, the
comptroller may, but is not required to, implement this Act using
other appropriations available for that purpose.
SECTION 9. (a) Any question regarding the
constitutionality or other validity under the state or federal
constitution of all or any part of Subchapter J, Chapter 29,
Education Code, as added by this Act, may be determined in any state
district court in which the violation is alleged to have occurred or
where the claimant resides or has its principal place of business.
(b) An organization or parent of an eligible child who is
adversely affected or aggrieved by a determination or order made by
the comptroller or a certified educational assistance organization
under Subchapter J, Chapter 29, Education Code, as added by this Act
may obtain a review of such order in any state district court in
which the child resides or where the organization has its principal
place of business.
(c) 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 29, Education Code, as added by this
Act, may be reviewed only by direct appeal to the Supreme Court of
Texas filed within 15 days after entry of judgment. All appeals
shall be heard and determined by the district court and the Supreme
Court of Texas as expeditiously as possible with lawful precedence
over other matters.
(d) The direct appeal is an accelerated appeal.
(e) This section exercises the authority granted by Section
3-b, Article V, of the Texas Constitution.
(f) 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;
(2) the applicant will suffer a probable injury that
is imminent and irreparable, and that the applicant has no other
legal remedy; and
(3) maintaining the injunction is in the public
interest.
(g) 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), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
40.1(b), and 49.4.
(h) This section does not authorize an award of attorneys'
fees against this state and Section 37.009, Civil Practice and
Remedies Code, does not apply to an action filed under this section.
SECTION 10. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
each person or entity, are severable from each other. If any
application of any provision in this Act to any person, group of
persons, or circumstances is found by a court to be invalid for any
reason, the remaining applications of that provision to all other
persons and circumstances shall be severed and may not be affected.
SECTION 11. 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.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.