Texas 2023 - 88th Regular

Texas Senate Bill SB8 Compare Versions

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1	1	By: Creighton, et al. S.B. No. 8
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to public education, including parental rights and public
7	7	school responsibilities regarding instructional materials and the
8	8	establishment of an education savings account program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. PARENTAL RIGHTS AND CURRICULUM
11	11	SECTION 1.001. Chapter 1, Education Code, is amended by
12	12	adding Section 1.009 to read as follows:
13	13	Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
14	14	The fundamental rights granted to parents by their Creator and
15	15	upheld by the United States Constitution, the Texas Constitution,
16	16	and the laws of this state, including the right to direct the moral
17	17	and religious training of the parent's child, make decisions
18	18	concerning the child's education, and consent to medical,
19	19	psychiatric, and psychological treatment of the parent's child
20	20	under Section 151.001, Family Code, may not be infringed on by any
21	21	public elementary or secondary school or state governmental entity,
22	22	including the state or a political subdivision of the state, unless
23	23	the infringement is:
24	24	(1) necessary to further a compelling state interest,
25	25	such as providing life-saving care to a child; and
26	26	(2) narrowly tailored using the least restrictive
27	27	means to achieve that compelling state interest.
28	28	SECTION 1.002. Section 11.161, Education Code, is amended
29	29	to read as follows:
30	30	Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil
31	31	suit or administrative proceeding brought under state law or rules
32	32	[,] against an independent school district or an officer of an
33	33	independent school district acting under color of office, the court
34	34	or another person authorized to make decisions regarding the
35	35	proceeding may award costs and reasonable attorney's fees if:
36	36	(1) the court or other authorized person finds that
37	37	the suit or proceeding is frivolous, unreasonable, and without
38	38	foundation; and
39	39	(2) the suit or proceeding is dismissed or judgment is
40	40	for the defendant.
41	41	(b) This section does not apply to a civil suit or
42	42	administrative proceeding brought under the Individuals with
43	43	Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A
44	44	civil suit or administrative proceeding described by this
45	45	subsection is governed by the attorney's fees provisions under 20
46	46	U.S.C. Section 1415.
47	47	SECTION 1.003. Section 25.036, Education Code, is amended
48	48	to read as follows:
49	49	Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
50	50	than a high school graduate, who is younger than 21 years of age and
51	51	eligible for enrollment on September 1 of any school year may apply
52	52	to transfer for in-person instruction annually from the child's
53	53	school district of residence to another district in this state for
54	54	in-person instruction [if both the receiving district and the
55	55	applicant parent or guardian or person having lawful control of the
56	56	child jointly approve and timely agree in writing to the transfer].
57	57	(b) A transfer application approved [agreement] under this
58	58	section shall be filed and preserved as a receiving district record
59	59	for audit purposes of the agency.
60	60	(c) A school district may deny approval of a transfer under
61	61	this section only if:
62	62	(1) the district or a school in the district to which a
63	63	student seeks to transfer is at full student capacity or has more
64	64	requests for transfers than available positions after the district
65	65	has filled available positions in accordance with Subsection (e);
66	66	(2) at the time a student seeks to transfer, the
67	67	student is suspended or expelled by the district in which the
68	68	student is enrolled; or
69	69	(3) approving the transfer would supersede a
70	70	court-ordered desegregation plan.
71	71	(d) For the purpose of determining whether a school in a
72	72	school district is at full student capacity under Subsection
73	73	(c)(1), the district may not consider equity as a factor in the
74	74	district's decision-making process.
75	75	(e) A school district that has more applicants for transfer
76	76	under this section than available positions must fill the available
77	77	positions by lottery and must give priority to applicants in the
78	78	following order:
79	79	(1) students who:
80	80	(A) do not reside in the district but were
81	81	enrolled in the district in the preceding school year; or
82	82	(B) are dependents of an employee of the
83	83	receiving district; and
84	84	(2) students:
85	85	(A) receiving special education services under
86	86	Subchapter A, Chapter 29;
87	87	(B) who are dependents of military personnel;
88	88	(C) who are dependents of law enforcement
89	89	personnel;
90	90	(D) in foster care;
91	91	(E) who are the subject of court-ordered
92	92	modification of an order establishing conservatorship or
93	93	possession and access; or
94	94	(F) who are siblings of a student who is enrolled
95	95	in the receiving district at the time the student seeks to transfer.
96	96	(f) A student who transfers to another school district under
97	97	this section may not be charged tuition. The student is included in
98	98	the average daily attendance of the district to which the student
99	99	transfers, beginning on the date the student begins attending
100	100	classes at that district.
101	101	(g) A receiving school district may, but is not required to,
102	102	provide transportation to a student who transfers to the receiving
103	103	district under this section.
104	104	(h) A receiving school district may revoke, at any time
105	105	during the school year, the approval of the student's transfer if:
106	106	(1) the student:
107	107	(A) fails to comply with a condition specified in
108	108	the agreement that is:
109	109	(i) a circumstance specified in the student
110	110	code of conduct under Section 37.001(a)(1);
111	111	(ii) a condition specified in the student
112	112	code of conduct under Section 37.001(a)(2);
113	113	(iii) conduct for which a student is
114	114	required or permitted to be removed from class and placed in a
115	115	disciplinary alternative education program under Section 37.006;
116	116	or
117	117	(iv) conduct for which a student is
118	118	required or permitted to be expelled from school under Section
119	119	37.007; or
120	120	(B) fails to maintain a specified school
121	121	attendance rate; and
122	122	(2) before revoking approval of the student's
123	123	transfer, the district ensures the student is afforded appropriate
124	124	due process and complies with any requirements of state law or
125	125	district policy relating to the expulsion of a student to the same
126	126	extent as if the student were being expelled under Section 37.007.
127	127	SECTION 1.004. Section 26.001, Education Code, is amended
128	128	by amending Subsections (a), (c), (d), and (e) and adding
129	129	Subsections (a-1) and (c-1) to read as follows:
130	130	(a) As provided under Section 151.001, Family Code, a parent
131	131	has the right to direct the moral and religious training of the
132	132	parent's child, make decisions concerning the child's education,
133	133	and consent to medical, psychiatric, and psychological treatment of
134	134	the child without obstruction or interference from this state, any
135	135	political subdivision of this state, a school district or
136	136	open-enrollment charter school, or any other governmental entity.
137	137	(a-1) Parents are partners with educators, administrators,
138	138	and school district boards of trustees in their children's
139	139	education. Parents shall be encouraged to actively participate in
140	140	creating and implementing educational programs for their children.
141	141	(c) Unless otherwise provided by law, a board of trustees,
142	142	administrator, educator, or other person shall comply with Section
143	143	1.009 and may not limit parental rights or withhold information
144	144	from a parent regarding the parent's child.
145	145	(c-1) A school district may not be considered to have
146	146	withheld information from a parent regarding the parent's child if
147	147	the district's actions are in accordance with other law, including
148	148	the Family Education Rights and Privacy Act of 1974 (20 U.S.C.
149	149	Section 1232g).
150	150	(d) Each board of trustees shall:
151	151	(1) provide for procedures to consider complaints that
152	152	a parent's right has been denied; [.]
153	153	(2) develop a plan for parental participation in the
154	154	district to improve parent and teacher cooperation, including in
155	155	the areas of homework, school attendance, and discipline;
156	156	(3) [(e) Each board of trustees shall] cooperate in
157	157	the establishment of ongoing operations of at least one
158	158	parent-teacher organization at each school in the district to
159	159	promote parental involvement in school activities; and
160	160	(4) provide to a parent of a child on the child's
161	161	enrollment in the district for the first time and to the parent of
162	162	each child enrolled in the district at the beginning of each school
163	163	year information about parental rights and options, including the
164	164	right to withhold consent for or exempt the parent's child from
165	165	certain activities and instruction, that addresses the parent's
166	166	rights and options concerning:
167	167	(A) the child's course of study and supplemental
168	168	services;
169	169	(B) instructional materials and library
170	170	materials;
171	171	(C) health education instruction under Section
172	172	28.004;
173	173	(D) instruction regarding sexual orientation and
174	174	gender identity under Section 28.0043;
175	175	(E) school options, including virtual and remote
176	176	schooling options;
177	177	(F) immunizations under Section 38.001;
178	178	(G) gifted and talented programs;
179	179	(H) promotion, retention, and graduation
180	180	policies;
181	181	(I) grade, class rank, and attendance
182	182	information;
183	183	(J) state standards and requirements;
184	184	(K) data collection practices;
185	185	(L) health care services, including notice and
186	186	consent under Section 26.0083(g); and
187	187	(M) the local grievance procedure under Section
188	188	26.011.
189	189	(e) The agency shall develop a form for use by school
190	190	districts in providing information about parental rights and
191	191	options under Subsection (d)(4). Each school district shall post
192	192	the form in a prominent location on the district's Internet
193	193	website.
194	194	SECTION 1.005. Chapter 26, Education Code, is amended by
195	195	adding Sections 26.0026, 26.0061, and 26.0083 to read as follows:
196	196	Sec. 26.0026. RIGHT TO SELECT EDUCATIONAL SETTING. A
197	197	parent is entitled to choose the educational setting for the
198	198	parent's child, including public school, private school, or home
199	199	school.
200	200	Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
201	201	REVIEW. (a) The board of trustees of each school district shall
202	202	establish a process by which a parent of a student, as indicated on
203	203	the student registration form at the student's campus, may request
204	204	an instructional material review under Section 31.0236 for a
205	205	subject area in the grade level in which the student is enrolled.
206	206	(b) A process established under Subsection (a):
207	207	(1) may not require more than one parent of a student
208	208	to make the request;
209	209	(2) must provide for the board of trustees of the
210	210	school district to determine if the request will be granted, either
211	211	originally or through an appeal process; and
212	212	(3) may permit the requesting parent to review the
213	213	instructional material directly before the district conducts an
214	214	instructional material review under Section 31.0236.
215	215	(c) If the parents of at least 25 percent of the students
216	216	enrolled at a campus present to the board of trustees of the school
217	217	district in which the campus is located a petition for the board to
218	218	conduct an instructional material review under Section 31.0236, the
219	219	board shall conduct the review, unless, by a majority vote, the
220	220	board denies the request.
221	221	(d) Notwithstanding Subsection (c), if the parents of at
222	222	least 50 percent of the students enrolled at a school district
223	223	campus present to the board of trustees of the district a petition
224	224	to conduct an instructional material review under Section 31.0236,
225	225	the board shall conduct the review.
226	226	(e) A review conducted under Subsection (c) or (d) shall
227	227	include a review of instructional materials for each subject area
228	228	or grade level specified in the petition.
229	229	(f) The commissioner may adopt rules to implement this
230	230	section.
231	231	Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
232	232	EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
233	233	The agency shall adopt a procedure for school districts to notify
234	234	the parent of a student enrolled in the district regarding any
235	235	change in services provided to or monitoring of the student related
236	236	to the student's mental, emotional, or physical health or
237	237	well-being.
238	238	(b) A procedure adopted under Subsection (a) must reinforce
239	239	the fundamental right of a parent to make decisions regarding the
240	240	upbringing and control of the parent's child by requiring school
241	241	district personnel to:
242	242	(1) encourage a student to discuss issues relating to
243	243	the student's well-being with the student's parent; or
244	244	(2) facilitate a discussion described under
245	245	Subdivision (1).
246	246	(c) A school district may not adopt a procedure that:
247	247	(1) prohibits a district employee from notifying the
248	248	parent of a student regarding:
249	249	(A) information about the student's mental,
250	250	emotional, or physical health or well-being; or
251	251	(B) a change in services provided to or
252	252	monitoring of the student related to the student's mental,
253	253	emotional, or physical health or well-being;
254	254	(2) encourages or has the effect of encouraging a
255	255	student to withhold from the student's parent information described
256	256	by Subdivision (1)(A); or
257	257	(3) prevents a parent from accessing education or
258	258	health records concerning the parent's child.
259	259	(d) Subsections (a) and (c) do not require the disclosure of
260	260	information to a parent if a reasonably prudent person would
261	261	believe the disclosure is likely to result in the student suffering
262	262	abuse or neglect, as those terms are defined by Section 261.001,
263	263	Family Code.
264	264	(e) A school district employee may not discourage or
265	265	prohibit parental knowledge of or involvement in critical decisions
266	266	affecting a student's mental, emotional, or physical health or
267	267	well-being.
268	268	(f) Any student support services training developed or
269	269	provided by a school district to district employees must comply
270	270	with any student services guidelines, standards, and frameworks
271	271	established by the State Board of Education and the agency.
272	272	(g) Before the first instructional day of each school year,
273	273	a school district shall provide to the parent of each student
274	274	enrolled in the district written notice of each health-related
275	275	service offered at the district campus the student attends. The
276	276	notice must include a statement of the parent's right to withhold
277	277	consent for or decline a health-related service. A parent's
278	278	consent to a health-related service does not waive a requirement of
279	279	Subsection (a), (c), or (e).
280	280	(h) Before administering a student well-being questionnaire
281	281	or health screening form to a student enrolled in prekindergarten
282	282	through 12th grade, a school district must provide a copy of the
283	283	questionnaire or form to the student's parent and obtain the
284	284	parent's consent to administer the questionnaire or form.
285	285	(i) This section may not be construed to:
286	286	(1) limit or alter the requirements of Section 38.004
287	287	of this code or Chapter 261, Family Code; or
288	288	(2) limit a school district employee's ability to
289	289	inquire about a student's daily well-being without parental
290	290	consent.
291	291	(j) Not later than June 30, 2024, the agency, the State
292	292	Board of Education, and the State Board for Educator Certification,
293	293	as appropriate, shall review and revise as necessary the following
294	294	to ensure compliance with this section:
295	295	(1) school counseling frameworks and standards;
296	296	(2) educator practices and professional conduct
297	297	principles; and
298	298	(3) any other student services personnel guidelines,
299	299	standards, or frameworks.
300	300	(k) Subsection (j) and this subsection expire September 1,
301	301	2025.
302	302	SECTION 1.006. Section 26.004(b), Education Code, is
303	303	amended to read as follows:
304	304	(b) A parent is entitled to access to all written records of
305	305	a school district concerning the parent's child, including:
306	306	(1) attendance records;
307	307	(2) test scores;
308	308	(3) grades;
309	309	(4) disciplinary records;
310	310	(5) counseling records;
311	311	(6) psychological records;
312	312	(7) applications for admission;
313	313	(8) medical records in accordance with Section
314	314	38.0095, including health and immunization information;
315	315	(9) teacher and school counselor evaluations;
316	316	(10) reports of behavioral patterns; and
317	317	(11) records relating to assistance provided for
318	318	learning difficulties, including information collected regarding
319	319	any intervention strategies used with the child.
320	320	SECTION 1.007. Chapter 26, Education Code, is amended by
321	321	adding Section 26.0071 to read as follows:
322	322	Sec. 26.0071. COMMUNITY ENGAGEMENT POLICY. Each board of
323	323	trustees of a school district shall develop a parental engagement
324	324	policy that:
325	325	(1) provides for an Internet portal through which
326	326	parents of students enrolled in the district may submit comments to
327	327	campus or district administrators and the board;
328	328	(2) requires the board to prioritize public comments
329	329	by presenting those comments at the beginning of each board
330	330	meeting; and
331	331	(3) requires board meetings to be held outside of
332	332	typical work hours.
333	333	SECTION 1.008. Section 26.008, Education Code, is amended
334	334	to read as follows:
335	335	Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.
336	336	(a) Except as provided by Section 38.004, a [A] parent is entitled
337	337	to:
338	338	(1) full information regarding the school activities
339	339	of a parent's child; and
340	340	(2) notification not later than one school business
341	341	day after the date a school district employee first suspects that a
342	342	criminal offense has been committed against the parent's child
343	343	[except as provided by Section 38.004].
344	344	(b) An attempt by any school district employee to encourage
345	345	or coerce a child to withhold information from the child's parent is
346	346	grounds for discipline under Section 21.104, 21.156, or 21.211, as
347	347	applicable, or by the State Board for Educator Certification, if
348	348	applicable.
349	349	SECTION 1.009. Section 26.009, Education Code, is amended
350	350	by amending Subsection (a) and adding Subsections (a-1), (a-2),
351	351	(a-3), (c), and (d) to read as follows:
352	352	(a) An employee of a school district must obtain the written
353	353	consent of a child's parent in the manner required by Subsection
354	354	(a-2) before the employee may:
355	355	(1) conduct a psychological examination, test, or
356	356	treatment, unless the examination, test, or treatment is required
357	357	under Section 38.004 or state or federal law regarding requirements
358	358	for special education; [or]
359	359	(2) subject to Subsection (b), make or authorize the
360	360	making of a videotape of a child or record or authorize the
361	361	recording of a child's voice;
362	362	(3) unless authorized by other law:
363	363	(A) disclose a child's health or medical
364	364	information to any person other than the child's parent; or
365	365	(B) collect, use, store, or disclose to any
366	366	person other than the child's parent a child's biometric
367	367	identifiers; or
368	368	(4) subject to Subsection (a-3), provide health care
369	369	services or medication or conduct a medical procedure.
370	370	(a-1) For purposes of Subsection (a), "biometric
371	371	identifier" means a blood sample, hair sample, skin sample, DNA
372	372	sample, body scan, retina or iris scan, fingerprint, voiceprint, or
373	373	record of hand or face geometry.
374	374	(a-2) Written consent for a parent's child to participate in
375	375	a district activity described by Subsection (a) must be signed by
376	376	the parent and returned to the district. A child may not
377	377	participate in the activity unless the district receives the
378	378	parent's signed written consent to that activity.
379	379	(a-3) For the purpose of obtaining written consent for
380	380	actions described by Subsection (a)(4) that are determined by a
381	381	school district to be routine care provided by a person who is
382	382	authorized by the district to provide physical or mental
383	383	health-related services, the district may obtain consent at the
384	384	beginning of the school year or at the time of the child's
385	385	enrollment in the district. Unless otherwise provided by a child's
386	386	parent, written consent obtained in accordance with this subsection
387	387	is effective until the end of the school year in which the consent
388	388	was obtained.
389	389	(c) Before the first instructional day of each school year,
390	390	a school district shall provide to the parent of each student
391	391	enrolled in the district written notice of any actions the district
392	392	may take involving the authorized collection, use, or storage of
393	393	information as described by Subsection (a)(3). The notice must:
394	394	(1) include a plain language explanation for the
395	395	district's collection, use, or storage of the child's information
396	396	and the district's legal authority to engage in that collection,
397	397	use, or storage; and
398	398	(2) be signed by the parent and returned to the
399	399	district.
400	400	(d) A school district shall take disciplinary action
401	401	against an employee responsible for allowing a child to participate
402	402	in an activity described by Subsection (a)(4) if the district did
403	403	not obtain a parent's consent for the child's participation in that
404	404	activity.
405	405	SECTION 1.010. Section 26.011, Education Code, is amended
406	406	to read as follows:
407	407	Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].
408	408	(a) The board of trustees of each school district shall adopt a
409	409	grievance procedure under which the board shall:
410	410	(1) address each grievance [complaint] that the board
411	411	receives concerning a violation of a right guaranteed by Section
412	412	1.009 or this chapter:
413	413	(A) if the grievance is filed not later than six
414	414	school weeks after the date on which the parent received notice of
415	415	an incident giving rise to the grievance; or
416	416	(B) regardless of whether the grievance was filed
417	417	during the period prescribed by Paragraph (A) if the grievance was
418	418	informally brought to the attention of school district personnel
419	419	during that period;
420	420	(2) allow a parent at any time before a final decision
421	421	by the board to provide additional evidence regarding the parent's
422	422	grievance; and
423	423	(3) allow a parent to file more than one grievance at
424	424	the same time.
425	425	(b) The board of trustees of a school district is not
426	426	required by Subsection (a) or Section 11.1511(b)(13) to address a
427	427	grievance [complaint] that the board receives concerning a
428	428	student's participation in an extracurricular activity that does
429	429	not involve a violation of a right guaranteed by this chapter. This
430	430	subsection does not affect a claim brought by a parent under the
431	431	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
432	432	et seq.) or a successor federal statute addressing special
433	433	education services for a child with a disability.
434	434	(c) The board of trustees of a school district shall ensure
435	435	a grievance procedure adopted under Subsection (a):
436	436	(1) authorizes a parent to file a grievance with the
437	437	principal of the district campus the parent's child attends or the
438	438	person designated by the district to receive grievances for that
439	439	campus;
440	440	(2) requires that a principal or the person designated
441	441	by the district to receive grievances for a campus:
442	442	(A) acknowledge receipt of a grievance under
443	443	Subdivision (1) not later than two school business days after
444	444	receipt of the grievance; and
445	445	(B) not later than the 14th school business day
446	446	after receipt of a grievance described by Subdivision (1), provide
447	447	to the parent who submitted the grievance written documentation of
448	448	the decision regarding the issue that gave rise to the grievance,
449	449	including:
450	450	(i) an explanation of the findings that
451	451	contributed to the decision;
452	452	(ii) notification regarding the parent's
453	453	right to appeal the decision; and
454	454	(iii) the timeline for appealing the
455	455	decision;
456	456	(3) requires that, if a parent appeals a decision
457	457	under Subdivision (2) not later than the 14th school business day
458	458	after receiving notice of the decision, the superintendent or the
459	459	superintendent's designee provide to the parent not later than the
460	460	14th school business day after receipt of the appeal written
461	461	documentation of the decision regarding the issue that gave rise to
462	462	the grievance, including:
463	463	(A) an explanation of the findings that
464	464	contributed to the decision;
465	465	(B) notification regarding the parent's right to
466	466	appeal the decision; and
467	467	(C) the timeline for appealing the decision;
468	468	(4) requires that, if a parent appeals a decision
469	469	under Subdivision (3) not later than the 14th school business day
470	470	after receiving notice of the decision, the board hear the
471	471	grievance in a closed session at the board's next regular meeting
472	472	that occurs on or after the 14th school business day after the date
473	473	the board receives notice of the appeal; and
474	474	(5) requires that, not later than the 10th school
475	475	business day after the date of a board meeting described by
476	476	Subdivision (4), the board provide to the parent written
477	477	documentation of the board's decision regarding the issue that gave
478	478	rise to the grievance, including notice that the parent may appeal
479	479	to the commissioner in writing under Section 7.057, if applicable.
480	480	(d) The parties may mutually agree to adjust the timeline
481	481	for the procedure under this section.
482	482	(e) Notwithstanding Subsection (d), if a grievance
483	483	submitted under this section involves an employee who is on
484	484	documented leave that is scheduled to begin or has begun before the
485	485	grievance is submitted, the district may alter the timeline for the
486	486	procedure under this section to make a reasonable accommodation for
487	487	the employee's leave. The district must provide notice of the
488	488	change to the parent who submitted the grievance.
489	489	SECTION 1.011. Chapter 26, Education Code, is amended by
490	490	adding Sections 26.0111 and 26.0112 to read as follows:
491	491	Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER.
492	492	(a) This section applies only to a grievance regarding a violation
493	493	of:
494	494	(1) Section 28.0022, 28.004, or 28.0043 or Chapter 38
495	495	or the implementation of those provisions by a school district; or
496	496	(2) Chapter 551, Government Code, involving school
497	497	district personnel.
498	498	(b) If a parent has exhausted the parent's options under the
499	499	local grievance procedure established by the board of trustees of a
500	500	school district under Section 26.011 regarding a grievance to which
501	501	this section applies, and the grievance is not resolved to a
502	502	parent's satisfaction, the parent may file a written request with
503	503	the commissioner for a hearing before a hearing examiner under this
504	504	section not later than the 30th school business day after the date
505	505	on which the board of trustees of the district resolved the parent's
506	506	grievance under Section 26.011. The parent must provide the
507	507	district with a copy of the request and must provide the
508	508	commissioner with a copy of the district's resolution of the
509	509	grievance. The parties may agree in writing to extend by not more
510	510	than 10 school business days the deadline for requesting a hearing.
511	511	(c) The commissioner shall assign a hearing examiner to
512	512	review the grievance in the manner provided by Section 21.254. The
513	513	hearing examiner has the powers described by Sections 21.255 and
514	514	21.256 and shall conduct the hearing in the manner provided by those
515	515	sections as if the parent were a teacher.
516	516	(d) Not later than the 60th business day after the date on
517	517	which the commissioner receives a parent's written request for a
518	518	hearing, the hearing examiner shall complete the hearing and make a
519	519	written recommendation that includes proposed findings of fact and
520	520	conclusions of law. The recommendation of the hearing examiner is
521	521	final and may not be appealed.
522	522	(e) Sections 21.257(c), (d), and (e) apply to a hearing
523	523	under this section in the same manner as a hearing conducted under
524	524	Subchapter F, Chapter 21.
525	525	(f) Section 21.258 applies to the State Board of Education
526	526	in the same manner as if the board were the board of trustees of the
527	527	school district or board subcommittee.
528	528	(g) Chapter 2001, Government Code, does not apply to the
529	529	State Board of Education's actions regarding the recommendation of
530	530	the hearing examiner.
531	531	(h) The costs of the hearing examiner, the court reporter,
532	532	the original hearing transcript, and any hearing room costs, if the
533	533	hearing room is not provided by the school district, shall be paid
534	534	by the school district if the hearing examiner finds in favor of the
535	535	parent.
536	536	(i) Notwithstanding Subsection (d), if a parent fails to
537	537	appear at a hearing under this section, the hearing examiner is not
538	538	required to complete the hearing and may not make a recommendation
539	539	in favor of the parent.
540	540	Sec. 26.0112. TESTIMONY BEFORE STATE BOARD OF EDUCATION.
541	541	If a hearing examiner reviews and finds against a school district
542	542	under Section 26.0111 in at least five grievances to which that
543	543	section applies involving the district during a school year, the
544	544	superintendent of the school district must appear before the State
545	545	Board of Education to testify regarding the hearing examiner's
546	546	findings and the frequency of grievances against the district.
547	547	SECTION 1.012. Section 28.002, Education Code, is amended
548	548	by adding Subsection (c-4) to read as follows:
549	549	(c-4) The State Board of Education may not adopt standards
550	550	in violation of Section 28.0043.
551	551	SECTION 1.013. Subchapter A, Chapter 28, Education Code, is
552	552	amended by adding Section 28.0043 to read as follows:
553	553	Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
554	554	ORIENTATION AND GENDER IDENTITY. (a) A school district,
555	555	open-enrollment charter school, or district or charter school
556	556	employee may not provide or allow a third party to provide
557	557	instruction, guidance, activities, or programming regarding sexual
558	558	orientation or gender identity to students enrolled in
559	559	prekindergarten through 12th grade.
560	560	(b) This section may not be construed to limit:
561	561	(1) a student's ability to engage in speech or
562	562	expressive conduct protected by the First Amendment to the United
563	563	States Constitution or by Section 8, Article I, Texas Constitution,
564	564	that does not result in material disruption to school activities;
565	565	or
566	566	(2) the ability of a person who is authorized by the
567	567	district to provide physical or mental health-related services to
568	568	provide the services to a student, subject to any required parental
569	569	consent.
570	570	SECTION 1.014. Section 28.02124, Education Code, is amended
571	571	by amending Subsection (a) and adding Subsections (a-1) and (a-2)
572	572	to read as follows:
573	573	(a) Subject to Subsection (c), a parent or guardian may
574	574	elect for a student to:
575	575	(1) repeat prekindergarten;
576	576	(2) enroll in prekindergarten, if the student would
577	577	have been eligible to enroll in prekindergarten during the previous
578	578	school year under Section 29.153(b) and the student has not yet
579	579	enrolled in kindergarten;
580	580	(3) repeat kindergarten;
581	581	(4) enroll in kindergarten, if the student would have
582	582	been eligible to enroll in kindergarten in the previous school year
583	583	and has not yet enrolled in first grade; or
584	584	(5) for grades one through eight [three], repeat the
585	585	grade in which the student was enrolled during the previous school
586	586	year.
587	587	(a-1) Subject to Subsection (c), for courses taken for high
588	588	school credit, a parent or guardian may elect for a student to
589	589	repeat any course in which the student was enrolled during the
590	590	previous school year. A parent or guardian may not elect for a
591	591	student to repeat a course under this subsection if the school
592	592	district or open-enrollment charter school determines the student
593	593	has met all of the requirements for graduation.
594	594	(a-2) A parent or guardian may make an election under
595	595	Subsection (a)(5) or (a-1), or both.
596	596	SECTION 1.015. The heading to Section 28.022, Education
597	597	Code, is amended to read as follows:
598	598	Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY
599	599	PERFORMANCE; CONFERENCES.
600	600	SECTION 1.016. Section 28.022(a), Education Code, is
601	601	amended to read as follows:
602	602	(a) The board of trustees of each school district shall
603	603	adopt a policy that:
604	604	(1) provides for at least two opportunities for
605	605	in-person conferences during each school year [a conference]
606	606	between each parent of a child enrolled in the district and the
607	607	child's [parents and] teachers;
608	608	(2) requires the district, at least once every 12
609	609	weeks, to give written notice to a parent of a student's performance
610	610	in each class or subject; and
611	611	(3) requires the district, at least once every three
612	612	weeks, or during the fourth week of each nine-week grading period,
613	613	to give written notice to a parent or legal guardian of a student's
614	614	performance in a subject included in the foundation curriculum
615	615	under Section 28.002(a)(1) if the student's performance in the
616	616	subject is consistently unsatisfactory, as determined by the
617	617	district.
618	618	SECTION 1.017. Subchapter B, Chapter 31, Education Code, is
619	619	amended by adding Section 31.0236 to read as follows:
620	620	Sec. 31.0236. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
621	621	MATERIAL. (a) The agency shall adopt rules developing a process by
622	622	which a school district may conduct a review of instructional
623	623	materials used by a classroom teacher in a foundation curriculum
624	624	course under Section 28.002(a)(1) to determine the degree to which
625	625	the material:
626	626	(1) complies with the instructional materials adopted
627	627	by the school district; and
628	628	(2) is appropriately rigorous for the grade level in
629	629	which it is being used.
630	630	(b) A review conducted under this section may only be
631	631	conducted using a rubric developed by the agency and approved by the
632	632	State Board of Education.
633	633	(c) The agency, in developing a review process under
634	634	Subsection (a):
635	635	(1) shall minimize, to the extent possible, the time a
636	636	classroom teacher is required to spend complying with a review
637	637	conducted under this section;
638	638	(2) may not require a teacher to spend more than 30
639	639	minutes on a single review conducted under this section unless the
640	640	teacher determines that spending more than 30 minutes on the review
641	641	is necessary; and
642	642	(3) shall permit a regional education service center
643	643	to conduct the review for a school district, if the center has
644	644	completed the training offered by the agency under Subsection (d).
645	645	(d) The agency shall provide to regional education service
646	646	centers training relating to appropriately conducting a review
647	647	under this section.
648	648	SECTION 1.018. Section 12.104(b), Education Code, as
649	649	amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B.
650	650	3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th
651	651	Legislature, Regular Session, 2021, is reenacted and amended to
652	652	read as follows:
653	653	(b) An open-enrollment charter school is subject to:
654	654	(1) a provision of this title establishing a criminal
655	655	offense;
656	656	(2) the provisions in Chapter 554, Government Code;
657	657	and
658	658	(3) a prohibition, restriction, or requirement, as
659	659	applicable, imposed by this title or a rule adopted under this
660	660	title, relating to:
661	661	(A) the Public Education Information Management
662	662	System (PEIMS) to the extent necessary to monitor compliance with
663	663	this subchapter as determined by the commissioner;
664	664	(B) criminal history records under Subchapter C,
665	665	Chapter 22;
666	666	(C) reading instruments and accelerated reading
667	667	instruction programs under Section 28.006;
668	668	(D) accelerated instruction under Section
669	669	28.0211;
670	670	(E) high school graduation requirements under
671	671	Section 28.025;
672	672	(F) special education programs under Subchapter
673	673	A, Chapter 29;
674	674	(G) bilingual education under Subchapter B,
675	675	Chapter 29;
676	676	(H) prekindergarten programs under Subchapter E
677	677	or E-1, Chapter 29, except class size limits for prekindergarten
678	678	classes imposed under Section 25.112, which do not apply;
679	679	(I) extracurricular activities under Section
680	680	33.081;
681	681	(J) discipline management practices or behavior
682	682	management techniques under Section 37.0021;
683	683	(K) health and safety under Chapter 38;
684	684	(L) the provisions of Subchapter A, Chapter 39;
685	685	(M) public school accountability and special
686	686	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
687	687	39, and Chapter 39A;
688	688	(N) the requirement under Section 21.006 to
689	689	report an educator's misconduct;
690	690	(O) intensive programs of instruction under
691	691	Section 28.0213;
692	692	(P) the right of a school employee to report a
693	693	crime, as provided by Section 37.148;
694	694	(Q) bullying prevention policies and procedures
695	695	under Section 37.0832;
696	696	(R) the right of a school under Section 37.0052
697	697	to place a student who has engaged in certain bullying behavior in a
698	698	disciplinary alternative education program or to expel the student;
699	699	(S) the right under Section 37.0151 to report to
700	700	local law enforcement certain conduct constituting assault or
701	701	harassment;
702	702	(T) a parent's right to information regarding the
703	703	provision of assistance for learning difficulties to the parent's
704	704	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
705	705	(U) establishment of residency under Section
706	706	25.001;
707	707	(V) school safety requirements under Sections
708	708	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
709	709	37.207, and 37.2071;
710	710	(W) the early childhood literacy and mathematics
711	711	proficiency plans under Section 11.185;
712	712	(X) the college, career, and military readiness
713	713	plans under Section 11.186; [and]
714	714	(Y) [(X)] parental options to retain a student
715	715	under Section 28.02124;
716	716	(Z) parental access to instructional materials
717	717	and curricula under Section 26.0061;
718	718	(AA) the adoption of a community engagement
719	719	policy as provided by Section 26.0071; and
720	720	(BB) parental rights to information regarding a
721	721	student's mental, emotional, and physical health-related needs and
722	722	related services offered by the school as provided by Section
723	723	26.0083.
724	724	SECTION 1.019. Section 28.004(i-3), Education Code, is
725	725	repealed.
726	726	ARTICLE 2. EDUCATION SAVINGS ACCOUNT PROGRAM
727	727	SECTION 2.001. The purpose of this article is to:
728	728	(1) provide additional educational options to assist
729	729	families in this state in exercising the right to direct the
730	730	educational needs of their children; and
731	731	(2) achieve a general diffusion of knowledge.
732	732	SECTION 2.002. Chapter 29, Education Code, is amended by
733	733	adding Subchapter J to read as follows:
734	734	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
735	735	Sec. 29.351. DEFINITIONS. In this subchapter:
736	736	(1) "Account" means an education savings account
737	737	established under the program.
738	738	(2) "Certified educational assistance organization"
739	739	means an organization certified under Section 29.354 to support the
740	740	administration of the program.
741	741	(3) "Child with a disability" means a child who is
742	742	eligible to participate in a school district's special education
743	743	program under Section 29.003.
744	744	(4) "Higher education provider" means an institution
745	745	of higher education or a private or independent institution of
746	746	higher education, as those terms are defined by Section 61.003.
747	747	(5) "Parent" means a resident of this state who is a
748	748	natural or adoptive parent, managing or possessory conservator,
749	749	legal guardian, custodian, or other person with legal authority to
750	750	act on behalf of a child.
751	751	(6) "Program" means the program established under this
752	752	subchapter.
753	753	(7) "Program participant" means a child and a parent
754	754	of a child enrolled in the program.
755	755	Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller
756	756	shall establish a program to provide funding for approved
757	757	education-related expenses of children participating in the
758	758	program.
759	759	Sec. 29.353. PROGRAM FUND. (a) The program fund is an
760	760	account in the general revenue fund to be administered by the
761	761	comptroller.
762	762	(b) The fund is composed of:
763	763	(1) general revenue transferred to the fund;
764	764	(2) money appropriated to the fund;
765	765	(3) gifts, grants, and donations received under
766	766	Section 29.370; and
767	767	(4) any other money available for purposes of the
768	768	program.
769	769	(c) Money in the fund may be appropriated only for the uses
770	770	specified by this subchapter.
771	771	Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
772	772	ORGANIZATIONS. (a) An organization may apply to the comptroller
773	773	for certification as a certified educational assistance
774	774	organization during an application period established by the
775	775	comptroller.
776	776	(b) To be eligible for certification, an organization must:
777	777	(1) have the ability to perform the duties and
778	778	functions required of a certified educational assistance
779	779	organization under this subchapter;
780	780	(2) be in good standing with the state; and
781	781	(3) be able to assist the comptroller in administering
782	782	the program, including the ability to:
783	783	(A) accept, process, and track applications for
784	784	the program;
785	785	(B) assist prospective applicants, applicants,
786	786	and program participants with finding preapproved education
787	787	service providers and vendors of educational products;
788	788	(C) accept and process payments for approved
789	789	education-related expenses; and
790	790	(D) verify that program funding is used only for
791	791	approved education-related expenses.
792	792	(c) The comptroller may certify not more than five
793	793	educational assistance organizations to support the administration
794	794	of the program, including by:
795	795	(1) administering:
796	796	(A) the application process under Section
797	797	29.356; and
798	798	(B) the program expenditures process under
799	799	Section 29.360; and
800	800	(2) assisting prospective applicants, applicants, and
801	801	program participants with understanding approved education-related
802	802	expenses and finding preapproved education service providers and
803	803	vendors of educational products.
804	804	Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to
805	805	participate in the program and may, subject to available funding
806	806	and the requirements of this subchapter, initially enroll in the
807	807	program for the school year following the school year in which the
808	808	child's application is submitted under Section 29.356 if the child:
809	809	(1) is eligible to:
810	810	(A) attend a public school under Section 25.001;
811	811	or
812	812	(B) enroll in a public school's prekindergarten
813	813	program under Section 29.153; and
814	814	(2) either:
815	815	(A) attended any public school in this state for
816	816	at least 90 percent of the school year preceding the school year for
817	817	which the child applies to enroll in the program; or
818	818	(B) is enrolling in prekindergarten or
819	819	kindergarten for the first time, including a child who was
820	820	homeschooled before enrollment.
821	821	(a-1) Notwithstanding Subsection (a) and subject to Section
822	822	29.356(b-1), a child is eligible to participate in the program if
823	823	the child:
824	824	(1) meets the qualifications under Subsection (a)(1);
825	825	(2) attended private school on a full-time basis for
826	826	the preceding school year; and
827	827	(3) is a member of a household with a total annual
828	828	income that is at or below 200 percent of the federal poverty
829	829	guidelines.
830	830	(b) A child who establishes eligibility under this section
831	831	may, subject to available funding and the requirements of this
832	832	subchapter, participate in the program until the earliest of the
833	833	following dates:
834	834	(1) the date on which the child graduates from high
835	835	school;
836	836	(2) the date on which the child is no longer eligible
837	837	to attend a public school under Section 25.001;
838	838	(3) the date on which the child enrolls in a public
839	839	school, including an open-enrollment charter school, in a manner in
840	840	which the child will be counted toward the school's average daily
841	841	attendance for purposes of the allocation of funding under the
842	842	foundation school program; or
843	843	(4) the date on which the child is declared ineligible
844	844	for the program by the comptroller under this subchapter.
845	845	(c) Notwithstanding Subsection (a) or (b), a child is not
846	846	eligible to participate in the program during the period in which
847	847	the child's parent or legal guardian is a state representative or
848	848	state senator.
849	849	Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an
850	850	eligible child may apply to a certified educational assistance
851	851	organization to enroll the child in the program for the following
852	852	school year. The comptroller shall establish quarterly deadlines
853	853	by which an applicant must complete and submit an application form
854	854	to participate in the program.
855	855	(b) On receipt of more acceptable applications during an
856	856	application period for admission under this section than available
857	857	positions in the program due to insufficient funding, a certified
858	858	educational assistance organization shall, at the direction of the
859	859	comptroller:
860	860	(1) for not more than two-thirds of the available
861	861	positions, prioritize applicants who would otherwise attend a
862	862	campus with an overall performance rating under Section 39.054 of
863	863	C, D, or F;
864	864	(2) fill the remaining available positions with
865	865	applicants who would otherwise attend a campus with an overall
866	866	performance rating under Section 39.054 of A or B; and
867	867	(3) subject to Subdivisions (1) and (2), consider
868	868	applications in the order received.
869	869	(b-1) This subsection applies only to children who are
870	870	eligible to participate in the program under Section 29.355(a-1).
871	871	Not more than 10 percent of available positions in the program may
872	872	be provided to children to whom this subsection applies. Each year,
873	873	the comptroller shall notify each certified educational assistance
874	874	organization regarding the number of children to whom this
875	875	subsection applies that the organization may accept for
876	876	participation in the program for that year. In accepting children
877	877	to whom this subsection applies to participate in the program, a
878	878	certified educational assistance organization shall ensure, to the
879	879	extent feasible, that the organization accepts an equivalent number
880	880	of children from each region of this state.
881	881	(c) The comptroller shall create an application form for the
882	882	program and each certified educational assistance organization
883	883	shall make the application form readily available through various
884	884	sources, including the organization's Internet website. The
885	885	application form must state the quarterly application deadlines
886	886	established by the comptroller under Subsection (a). Each
887	887	organization shall ensure that the application form, including any
888	888	required supporting document, is capable of being submitted to the
889	889	organization electronically.
890	890	(d) A certified educational assistance organization shall
891	891	post on the organization's Internet website an applicant and
892	892	participant handbook with a description of the program, including:
893	893	(1) expenses allowed under the program under Section
894	894	29.359;
895	895	(2) a list of preapproved education service providers
896	896	and vendors of educational products under Section 29.358;
897	897	(3) a description of the application process under
898	898	this section and the program expenditures process under Section
899	899	29.360; and
900	900	(4) a description of the responsibilities of program
901	901	participants.
902	902	(e) A certified educational assistance organization shall
903	903	annually provide to the parent of each child participating in the
904	904	program the information described by Subsection (d). The
905	905	organization may provide the information electronically.
906	906	(f) A certified educational assistance organization:
907	907	(1) may require the parent of a child participating in
908	908	the program to submit annual notice regarding the parent's intent
909	909	for the child to continue participating in the program for the next
910	910	school year; and
911	911	(2) may not require a program participant in good
912	912	standing to annually resubmit an application for continued
913	913	participation in the program.
914	914	Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding
915	915	under the program, a parent of a child participating in the program
916	916	must agree to:
917	917	(1) spend money received through the program only for
918	918	expenses allowed under Section 29.359;
919	919	(2) share or authorize the administrator of an
920	920	assessment instrument to share with the program participant's
921	921	certified educational assistance organization the results of any
922	922	assessment instrument required to be administered to the child
923	923	under Section 29.358(b)(1)(B) or other law;
924	924	(3) refrain from selling an item purchased with
925	925	program money; and
926	926	(4) notify the program participant's certified
927	927	educational assistance organization not later than 30 business days
928	928	after the date on which the child:
929	929	(A) enrolls in a public school, including an
930	930	open-enrollment charter school;
931	931	(B) graduates from high school; or
932	932	(C) is no longer eligible to either:
933	933	(i) enroll in a public school under Section
934	934	25.001; or
935	935	(ii) enroll in a public school's
936	936	prekindergarten program under Section 29.153.
937	937	Sec. 29.358. PREAPPROVED PROVIDERS. (a) The comptroller
938	938	shall by rule establish a process for the preapproval of education
939	939	service providers and vendors of educational products for
940	940	participation in the program. The comptroller shall allow for the
941	941	submission of applications on a rolling basis.
942	942	(b) The comptroller shall approve an education service
943	943	provider or vendor of educational products for participation in the
944	944	program if the provider or vendor:
945	945	(1) for a private school, demonstrates:
946	946	(A) accreditation by an organization recognized
947	947	by:
948	948	(i) the Texas Private School Accreditation
949	949	Commission; or
950	950	(ii) the agency; and
951	951	(B) annual administration of a nationally
952	952	norm-referenced assessment instrument or the appropriate
953	953	assessment instrument required under Subchapter B, Chapter 39;
954	954	(2) for a public school, demonstrates:
955	955	(A) accreditation by the agency; and
956	956	(B) the ability to provide services or products
957	957	to children participating in the program in a manner in which the
958	958	children are not counted toward the school's average daily
959	959	attendance;
960	960	(3) for a private tutor, therapist, or teaching
961	961	service:
962	962	(A) demonstrates that the tutor or therapist or
963	963	each employee of the teaching service who intends to provide
964	964	educational services to a child participating in the program:
965	965	(i) is an educator employed by or a retired
966	966	educator formerly employed by a school accredited by the agency, an
967	967	organization recognized by the agency, or an organization
968	968	recognized by the Texas Private School Accreditation Commission;
969	969	(ii) holds a relevant license or
970	970	accreditation issued by a state, regional, or national
971	971	certification or accreditation organization; or
972	972	(iii) is employed in or retired from a
973	973	teaching or tutoring capacity at a higher education provider;
974	974	(B) the tutor or therapist or each employee of
975	975	the teaching service who intends to provide educational services to
976	976	a child participating in the program either:
977	977	(i) completes a national criminal history
978	978	record information review; or
979	979	(ii) provides to the comptroller
980	980	documentation indicating that the tutor, therapist, or employee, as
981	981	applicable, has completed a national criminal history record
982	982	information review within a period established by comptroller rule;
983	983	and
984	984	(C) the tutor or therapist or each employee of
985	985	the teaching service who intends to provide educational services to
986	986	a child participating in the program is not included in the registry
987	987	under Section 22.092; or
988	988	(4) for a higher education provider, demonstrates
989	989	nationally recognized postsecondary accreditation.
990	990	(c) The comptroller shall review the national criminal
991	991	history record information or documentation for each private tutor,
992	992	therapist, or teaching service employee who submits information or
993	993	documentation under this section and verify that the individual is
994	994	not included in the registry under Section 22.092. The tutor,
995	995	therapist, or service must provide the comptroller with any
996	996	information requested by the comptroller to enable the comptroller
997	997	to complete the review.
998	998	(d) An education service provider or vendor of educational
999	999	products shall provide information requested by the comptroller to
1000	1000	verify the provider's or vendor's eligibility for preapproval under
1001	1001	Subsection (b). The comptroller may not approve a provider or
1002	1002	vendor if the comptroller cannot verify the provider's or vendor's
1003	1003	eligibility for preapproval.
1004	1004	(e) An education service provider or vendor of educational
1005	1005	products that no longer satisfies the requirements of this section
1006	1006	must notify the comptroller not later than the 30th business day
1007	1007	after the date that the provider or vendor no longer meets the
1008	1008	requirements.
1009	1009	(f) This section may not be construed to allow a learning
1010	1010	pod, as defined by Section 27.001, or a home school to qualify as an
1011	1011	approved education service provider or vendor of educational
1012	1012	products.
1013	1013	Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a)
1014	1014	Subject to Subsection (b), money received under the program may be
1015	1015	used only for the following education-related expenses incurred by
1016	1016	a child participating in the program at a preapproved education
1017	1017	service provider or vendor of educational products:
1018	1018	(1) tuition and fees for a private school;
1019	1019	(2) the purchase of textbooks or other instructional
1020	1020	materials or uniforms required by a school, higher education
1021	1021	provider, or course in which the child is enrolled, including
1022	1022	purchases made through a third-party vendor of educational
1023	1023	products;
1024	1024	(3) costs related to academic assessments;
1025	1025	(4) fees for services provided by a private tutor or
1026	1026	teaching service;
1027	1027	(5) fees for transportation provided by a
1028	1028	fee-for-service transportation provider for the child to travel to
1029	1029	and from a preapproved education service provider or vendor of
1030	1030	educational products; and
1031	1031	(6) fees for educational therapies or services
1032	1032	provided by a practitioner or provider, only for fees that are not
1033	1033	covered by any federal, state, or local government benefits such as
1034	1034	Medicaid or the Children's Health Insurance Program (CHIP) or by
1035	1035	any private insurance that the child is enrolled in at the time of
1036	1036	receiving the therapies or services.
1037	1037	(b) Money received under the program may not be used to pay
1038	1038	any person who is related to the program participant within the
1039	1039	third degree by consanguinity or affinity, as determined under
1040	1040	Chapter 573, Government Code.
1041	1041	(c) A finding that a program participant used money
1042	1042	distributed under the program to pay for an expense not allowed
1043	1043	under Subsection (a) does not affect the validity of any payment
1044	1044	made by the participant for an approved education-related expense
1045	1045	that is allowed under that subsection.
1046	1046	Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller
1047	1047	shall disburse from the program fund to each certified educational
1048	1048	assistance organization the amount specified under Section
1049	1049	29.361(a) for each child participating in the program served by the
1050	1050	organization.
1051	1051	(b) To initiate payment to an education service provider or
1052	1052	vendor of educational products for an education-related expense
1053	1053	approved under Section 29.359, the parent of a child participating
1054	1054	in the program must submit a request in a form prescribed by
1055	1055	comptroller rule to the certified educational assistance
1056	1056	organization that serves the child.
1057	1057	(c) Subject to Subsection (d) and Sections 29.362(h) and
1058	1058	29.364, on receiving a request under Subsection (b), a certified
1059	1059	educational assistance organization shall verify that the request
1060	1060	is for an expense approved under Section 29.359 and, not later than
1061	1061	the 15th business day after the date the organization verifies the
1062	1062	request, send payment to the education service provider or vendor
1063	1063	of educational products.
1064	1064	(d) A disbursement under this section may not exceed the
1065	1065	applicable program participant's account balance.
1066	1066	(e) A certified educational assistance organization shall
1067	1067	provide program participants with electronic access to:
1068	1068	(1) view the participant's current account balance;
1069	1069	(2) initiate the payment process under Subsection (b);
1070	1070	and
1071	1071	(3) view a summary of the participant's past account
1072	1072	activity, including payments from the account to education service
1073	1073	providers and vendors of educational products.
1074	1074	Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless
1075	1075	of the quarterly deadline by which the parent applies for
1076	1076	enrollment in the program under Section 29.356(a), a parent of a
1077	1077	child participating in the program shall receive each year that the
1078	1078	child participates in the program payments from the state from
1079	1079	funds available under Section 29.353 to the child's account equal
1080	1080	to a total amount of $8,000.
1081	1081	(b) This subsection applies only to a school district with a
1082	1082	student enrollment of less than 20,000. For the first five school
1083	1083	years during which a child residing in the district participates in
1084	1084	the program, a school district to which this subsection applies is
1085	1085	entitled to receive $10,000 from money appropriated for purposes of
1086	1086	this subchapter.
1087	1087	(c) Any money remaining in a child's account at the end of a
1088	1088	fiscal year is carried forward to the next fiscal year unless
1089	1089	another provision of this subchapter mandates the closure of the
1090	1090	account.
1091	1091	(d) The parent of a child participating in the program may
1092	1092	make payments for the expenses of educational programs, services,
1093	1093	and products not covered by money in the child's account.
1094	1094	(e) A payment under Subsection (a) may not be financed using
1095	1095	federal money or money from the available school fund or
1096	1096	instructional materials fund.
1097	1097	(f) Payments received under this subchapter do not
1098	1098	constitute taxable income to a parent of a child participating in
1099	1099	the program, unless otherwise provided by federal law.
1100	1100	(g) Not later than May 1 of each year, the agency shall
1101	1101	submit to the comptroller the data necessary to calculate the
1102	1102	amount specified under Subsection (a).
1103	1103	Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) On receipt
1104	1104	of money distributed by the comptroller for purposes of making
1105	1105	payments to program participants, a certified educational
1106	1106	assistance organization shall make quarterly payments to the
1107	1107	account of each child participating in the program served by the
1108	1108	organization in equal amounts on or before the first day of July,
1109	1109	October, January, and April.
1110	1110	(b) Each year, the comptroller may deduct from the total
1111	1111	amount of money appropriated for purposes of this subchapter an
1112	1112	amount, not to exceed three percent of that total amount, to cover
1113	1113	the comptroller's cost of administering the program.
1114	1114	(c) Not later than the first day of the month preceding the
1115	1115	start of each quarter, each certified educational assistance
1116	1116	organization shall submit to the comptroller in the form prescribed
1117	1117	by comptroller rule an estimate of the organization's costs of
1118	1118	administering the program for that quarter.
1119	1119	(d) Each quarter, the comptroller shall disburse from money
1120	1120	appropriated for the program to each certified educational
1121	1121	assistance organization the amount necessary to cover the
1122	1122	organization's costs of administering the program for that quarter,
1123	1123	calculated as provided by Subsection (e). The total amount
1124	1124	disbursed to a certified educational assistance organization under
1125	1125	this subsection for a state fiscal year may not exceed five percent
1126	1126	of the amount distributed to the organization under the program for
1127	1127	that fiscal year.
1128	1128	(e) The amount of a certified educational assistance
1129	1129	organization's disbursement under Subsection (d) is the lesser of:
1130	1130	(1) the amount of the organization's estimate
1131	1131	submitted under Subsection (c);
1132	1132	(2) the product of the total amount to be disbursed and
1133	1133	the average percentage of program participants served by the
1134	1134	organization during the preceding quarter; or
1135	1135	(3) five percent of the amount distributed to the
1136	1136	organization for purposes of making payments to program
1137	1137	participants for that quarter.
1138	1138	(f) On or before the first day of October and February, a
1139	1139	certified educational assistance organization shall:
1140	1140	(1) verify with the agency that each child
1141	1141	participating in the program is not enrolled in a public school,
1142	1142	including an open-enrollment charter school, in a manner in which
1143	1143	the child is counted toward the school's average daily attendance
1144	1144	for purposes of the allocation of state funding under the
1145	1145	foundation school program; and
1146	1146	(2) notify the comptroller if the organization
1147	1147	determines that a child participating in the program is enrolled in
1148	1148	a public school, including an open-enrollment charter school, in a
1149	1149	manner in which the child is counted toward the school's average
1150	1150	daily attendance for purposes of the allocation of state funding
1151	1151	under the foundation school program.
1152	1152	(g) The comptroller by rule shall establish a process by
1153	1153	which a program participant may authorize the comptroller or a
1154	1154	certified education assistance organization to make a payment
1155	1155	directly from the participant's account to a preapproved education
1156	1156	service provider or vendor of educational products for an expense
1157	1157	allowed under Section 29.359.
1158	1158	(h) On the date on which a child who participated in the
1159	1159	program is no longer eligible to participate in the program under
1160	1160	Section 29.355 and payments for any education-related expenses
1161	1161	allowed under Section 29.359 from the child's account have been
1162	1162	completed, the child's account shall be closed and any remaining
1163	1163	money returned to the comptroller for deposit in the program fund.
1164	1164	(i) Each quarter, any interest or other earnings
1165	1165	attributable to money held by a certified education assistance
1166	1166	organization for purposes of the program shall be remitted to the
1167	1167	comptroller for deposit in the program fund.
1168	1168	Sec. 29.363. AUDITING. (a) The comptroller shall contract
1169	1169	with a private entity to audit accounts and student eligibility
1170	1170	data not less than once per year to ensure compliance with
1171	1171	applicable law and program requirements. The audit must include a
1172	1172	review of:
1173	1173	(1) a certified educational assistance organization's
1174	1174	internal controls over program transactions; and
1175	1175	(2) compliance by:
1176	1176	(A) program participants with the requirements
1177	1177	of Section 29.357; and
1178	1178	(B) certified educational assistance
1179	1179	organizations with the requirements of Section 29.354.
1180	1180	(b) In conducting an audit, the private entity may require a
1181	1181	program participant or a certified educational assistance
1182	1182	organization to provide information and documentation regarding
1183	1183	any transaction occurring under the program.
1184	1184	(c) The private entity shall report to the comptroller any
1185	1185	violation of this subchapter or other relevant law, including any
1186	1186	transactions the entity determines to be unusual or suspicious,
1187	1187	found by the entity during an audit conducted under this section.
1188	1188	The comptroller shall report the violation or transaction to:
1189	1189	(1) the applicable certified educational assistance
1190	1190	organization;
1191	1191	(2) the education service provider or vendor of
1192	1192	educational products, as applicable; and
1193	1193	(3) the parent of each child participating in the
1194	1194	program who is affected by the violation or transaction.
1195	1195	Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
1196	1196	shall suspend the account of a program participant who fails to
1197	1197	remain in good standing by complying with applicable law or a
1198	1198	requirement of the program.
1199	1199	(b) On suspension of an account under Subsection (a), the
1200	1200	comptroller shall notify the program participant in writing that
1201	1201	the account has been suspended and that no additional payments may
1202	1202	be made from the account. The notification must specify the grounds
1203	1203	for the suspension and state that the participant has 30 business
1204	1204	days to respond and take any corrective action required by the
1205	1205	comptroller.
1206	1206	(c) On the expiration of the 30-day period under Subsection
1207	1207	(b), the comptroller shall:
1208	1208	(1) order closure of the suspended account;
1209	1209	(2) order temporary reinstatement of the account,
1210	1210	conditioned on the performance of a specified action by the program
1211	1211	participant; or
1212	1212	(3) order full reinstatement of the account.
1213	1213	(d) The comptroller may recover money distributed under the
1214	1214	program that was used for expenses not allowed under Section 29.359
1215	1215	or for a child who was not eligible to participate in the program at
1216	1216	the time of the expenditure. The money may be recovered from the
1217	1217	program participant or the entity that received the money in
1218	1218	accordance with Subtitles A and B, Title 2, Tax Code, or as provided
1219	1219	by other law if the program participant's account is suspended or
1220	1220	closed under this section. The comptroller shall deposit money
1221	1221	recovered under this subsection to the credit of the program fund.
1222	1222	Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
1223	1223	education service provider or vendor of educational products may
1224	1224	not charge a child participating in the program an amount greater
1225	1225	than the standard amount charged for that service or product by the
1226	1226	provider or vendor.
1227	1227	(b) An education service provider or vendor of educational
1228	1228	products receiving money distributed under the program may not in
1229	1229	any manner rebate, refund, or credit to or share with a program
1230	1230	participant, or any person on behalf of a participant, any program
1231	1231	money paid or owed by the participant to the provider or vendor.
1232	1232	Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
1233	1233	comptroller obtains evidence of fraudulent use of an account or
1234	1234	money distributed under the program by a certified educational
1235	1235	assistance organization or program participant, the comptroller
1236	1236	shall notify the appropriate local county or district attorney with
1237	1237	jurisdiction over the principal place of business of the certified
1238	1238	educational assistance organization or the residence of the program
1239	1239	participant, as applicable.
1240	1240	Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) A certified
1241	1241	educational assistance organization shall post on the
1242	1242	organization's Internet website and provide to each parent who
1243	1243	submits an application for the program a notice that:
1244	1244	(1) states that a private school is not subject to
1245	1245	federal and state laws regarding the provision of educational
1246	1246	services to a child with a disability in the same manner as a public
1247	1247	school; and
1248	1248	(2) provides information regarding rights to which a
1249	1249	child with a disability is entitled under federal and state law if
1250	1250	the child attends a public school, including:
1251	1251	(A) rights provided under the Individuals with
1252	1252	Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
1253	1253	(B) rights provided under Subchapter A.
1254	1254	(b) A private school in which a child with a disability who
1255	1255	is a program participant enrolls shall provide to the child's
1256	1256	parent a copy of the notice required under Subsection (a).
1257	1257	Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
1258	1258	AUTONOMY. (a) An education service provider or vendor of
1259	1259	educational products that receives money distributed under the
1260	1260	program is not a recipient of federal financial assistance and may
1261	1261	not be considered to be an agent of state government on the basis of
1262	1262	receiving that money.
1263	1263	(b) A rule adopted or other governmental action taken
1264	1264	related to the program may not impose requirements that are
1265	1265	contrary to or limit the religious or institutional values or
1266	1266	practices of an education service provider, vendor of educational
1267	1267	products, or program participant, including by limiting the ability
1268	1268	of the provider, vendor, or participant, as applicable, to:
1269	1269	(1) determine the methods of instruction or curriculum
1270	1270	used to educate students;
1271	1271	(2) determine admissions and enrollment practices,
1272	1272	policies, and standards;
1273	1273	(3) modify or refuse to modify the provider's,
1274	1274	vendor's, or participant's religious or institutional values or
1275	1275	practices, including operations, conduct, policies, standards,
1276	1276	assessments, or employment practices that are based on the
1277	1277	provider's, vendor's, or participant's religious or institutional
1278	1278	values or practices; or
1279	1279	(4) exercise the provider's, vendor's, or
1280	1280	participant's religious or institutional practices as determined
1281	1281	by the provider, vendor, or participant.
1282	1282	Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
1283	1283	request by the parent of a child participating or seeking to
1284	1284	participate in the program, the school district or open-enrollment
1285	1285	charter school that the child would otherwise attend shall provide
1286	1286	a copy of the child's school records possessed by the district or
1287	1287	school, if any, to the child's parent or, if applicable, the private
1288	1288	school the child attends.
1289	1289	(b) As necessary to verify a child's eligibility for the
1290	1290	program, the agency, a school district, or an open-enrollment
1291	1291	charter school shall provide to a certified educational assistance
1292	1292	organization any information available to the agency, district, or
1293	1293	school requested by the organization regarding a child who
1294	1294	participates or seeks to participate in the program, including
1295	1295	information regarding the child's public school enrollment status
1296	1296	and whether the child can be counted toward a public school's
1297	1297	average daily attendance for purposes of the allocation of funding
1298	1298	under the foundation school program. The organization may not
1299	1299	retain information provided under this subsection beyond the period
1300	1300	necessary to determine a child's eligibility to participate in the
1301	1301	program.
1302	1302	(c) The certified educational assistance organization or an
1303	1303	education service provider or vendor of educational products that
1304	1304	obtains information regarding a child participating in the program:
1305	1305	(1) shall comply with state and federal law regarding
1306	1306	the confidentiality of student educational information; and
1307	1307	(2) may not sell or otherwise distribute information
1308	1308	regarding a child participating in the program.
1309	1309	Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
1310	1310	and a certified educational assistance organization may solicit and
1311	1311	accept gifts, grants, and donations from any public or private
1312	1312	source for any expenses related to the administration of the
1313	1313	program, including establishing the program and contracting for the
1314	1314	report required under Section 29.371.
1315	1315	Sec. 29.371. ANNUAL REPORT. (a) The comptroller shall
1316	1316	require that each certified educational assistance organization
1317	1317	compile program data and produce an annual longitudinal report
1318	1318	regarding:
1319	1319	(1) the number of program applications received,
1320	1320	accepted, and waitlisted, disaggregated by age;
1321	1321	(2) program participant satisfaction;
1322	1322	(3) the results of assessment instruments shared in
1323	1323	accordance with Section 29.357(2);
1324	1324	(4) the effect of the program on public and private
1325	1325	school capacity, availability, and quality;
1326	1326	(5) the amount of cost savings accruing to the state as
1327	1327	a result of the program;
1328	1328	(6) in a report submitted in an even-numbered year
1329	1329	only, an estimate of the total amount of funding required for the
1330	1330	program for the next state fiscal biennium;
1331	1331	(7) the amount of gifts, grants, and donations
1332	1332	received under Section 29.370; and
1333	1333	(8) based on surveys of former program participants or
1334	1334	other sources available to an organization, the number and
1335	1335	percentage of children participating in the program who, within one
1336	1336	year after graduating from high school, are:
1337	1337	(A) college ready, as indicated by earning a
1338	1338	minimum of 12 non-remedial semester credit hours or the equivalent
1339	1339	or an associate degree from a postsecondary educational
1340	1340	institution;
1341	1341	(B) career ready, as indicated by:
1342	1342	(i) earning a credential of value included
1343	1343	in the library of credentials established under Section 2308A.007,
1344	1344	Government Code; or
1345	1345	(ii) employment at or above the median wage
1346	1346	in the child's region; or
1347	1347	(C) military ready, as indicated by achieving a
1348	1348	passing score set by the applicable military branch on the Armed
1349	1349	Services Vocational Aptitude Battery and enlisting in the armed
1350	1350	forces of the United States or the Texas National Guard.
1351	1351	(b) In producing the report, each certified educational
1352	1352	assistance organization shall:
1353	1353	(1) use appropriate analytical and behavioral science
1354	1354	methodologies to ensure public confidence in the report; and
1355	1355	(2) comply with the requirements regarding the
1356	1356	confidentiality of student educational information under the
1357	1357	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1358	1358	Section 1232g).
1359	1359	(c) The report must cover a period of not less than five
1360	1360	years and include, subject to Subsection (b)(2), the data analyzed
1361	1361	and methodology used.
1362	1362	(d) The comptroller and each certified educational
1363	1363	assistance organization shall post the report on the comptroller's
1364	1364	and organization's respective Internet websites.
1365	1365	Sec. 29.372. RULES; PROCEDURES. The comptroller shall
1366	1366	adopt rules and procedures as necessary to implement, administer,
1367	1367	and enforce this subchapter.
1368	1368	Sec. 29.373. APPEAL; JUDICIAL REVIEW. (a) A program
1369	1369	participant may appeal to the comptroller an administrative
1370	1370	decision made by the comptroller or a certified educational
1371	1371	assistance organization under this subchapter, including a
1372	1372	decision regarding eligibility, allowable expenses, or the
1373	1373	participant's removal from the program.
1374	1374	(b) A program participant, education service provider, or
1375	1375	vendor of educational products who is adversely affected or
1376	1376	aggrieved by a decision made by the comptroller or a certified
1377	1377	educational assistance organization under this subchapter may file
1378	1378	a suit challenging the decision in a district court in the county in
1379	1379	which the program participant resides or the provider or vendor has
1380	1380	its principal place of business, as applicable.
1381	1381	Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION. (a) A
1382	1382	program participant, education service provider, or vendor of
1383	1383	educational products may intervene in any civil action challenging
1384	1384	the constitutionality of the program.
1385	1385	(b) A court in which a civil action described by Subsection
1386	1386	(a) is filed may require that all program participants, education
1387	1387	service providers, and vendors of educational products wishing to
1388	1388	intervene in the action file a joint brief. A program participant,
1389	1389	education service provider, or vendor of educational products may
1390	1390	not be required to join a brief filed on behalf of the state or a
1391	1391	state agency.
1392	1392	SECTION 2.003. Section 22.092(d), Education Code, is
1393	1393	amended to read as follows:
1394	1394	(d) The agency shall provide equivalent access to the
1395	1395	registry maintained under this section to:
1396	1396	(1) private schools;
1397	1397	(2) public schools; [and]
1398	1398	(3) nonprofit teacher organizations approved by the
1399	1399	commissioner for the purpose of participating in the tutoring
1400	1400	program established under Section 33.913; and
1401	1401	(4) the comptroller for the purpose of preapproving
1402	1402	education service providers and vendors of educational products
1403	1403	under Section 29.358 for participation in the program established
1404	1404	under Subchapter J, Chapter 29.
1405	1405	SECTION 2.004. Section 411.109, Government Code, is amended
1406	1406	by adding Subsection (c) to read as follows:
1407	1407	(c) The comptroller is entitled to obtain criminal history
1408	1408	record information maintained by the department about a person who
1409	1409	is a private tutor, a therapist, or an employee of a teaching
1410	1410	service or school who intends to provide educational services to a
1411	1411	child participating in the program established under Subchapter J,
1412	1412	Chapter 29, Education Code, and is seeking approval to receive
1413	1413	money distributed under that program.
1414	1414	SECTION 2.005. Subchapter J, Chapter 29, Education Code, as
1415	1415	added by this article, applies beginning with the 2024-2025 school
1416	1416	year.
1417	1417	SECTION 2.006. (a) Not later than February 15, 2024, the
1418	1418	comptroller of public accounts shall adopt rules as provided by
1419	1419	Section 29.372, Education Code, as added by this article.
1420	1420	(b) The comptroller of public accounts may identify rules
1421	1421	required by the passage of Subchapter J, Chapter 29, Education
1422	1422	Code, as added by this article, that must be adopted on an emergency
1423	1423	basis for purposes of the 2024-2025 school year and may use the
1424	1424	procedures established under Section 2001.034, Government Code,
1425	1425	for adopting those rules. The comptroller of public accounts is not
1426	1426	required to make the finding described by Section 2001.034(a),
1427	1427	Government Code, to adopt emergency rules under this subsection.
1428	1428	SECTION 2.007. (a) The constitutionality and other
1429	1429	validity under the state or federal constitution of all or any part
1430	1430	of Subchapter J, Chapter 29, Education Code, as added by this
1431	1431	article, may be determined in an action for declaratory judgment
1432	1432	under Chapter 37, Civil Practice and Remedies Code, in a district
1433	1433	court in the county in which the violation is alleged to have
1434	1434	occurred or where the plaintiff resides or has its principal place
1435	1435	of business.
1436	1436	(b) An order, however characterized, of a trial court
1437	1437	granting or denying a temporary or otherwise interlocutory
1438	1438	injunction or a permanent injunction on the grounds of the
1439	1439	constitutionality or unconstitutionality, or other validity or
1440	1440	invalidity, under the state or federal constitution of all or any
1441	1441	part of Subchapter J, Chapter 29, Education Code, as added by this
1442	1442	article, may be reviewed only by direct appeal to the Texas Supreme
1443	1443	Court filed not later than the 15th business day after the date on
1444	1444	which the order was entered. The Texas Supreme Court shall give
1445	1445	precedence to appeals under this section over other matters.
1446	1446	(c) The direct appeal is an accelerated appeal.
1447	1447	(d) This section exercises the authority granted by Section
1448	1448	3-b, Article V, Texas Constitution.
1449	1449	(e) The filing of a direct appeal under this section will
1450	1450	automatically stay any temporary or otherwise interlocutory
1451	1451	injunction or permanent injunction granted in accordance with this
1452	1452	section pending final determination by the Texas Supreme Court,
1453	1453	unless the supreme court makes specific findings that the applicant
1454	1454	seeking such injunctive relief has pleaded and proved that:
1455	1455	(1) the applicant has a probable right to the relief it
1456	1456	seeks on final hearing;
1457	1457	(2) the applicant will suffer a probable injury that
1458	1458	is imminent and irreparable, and that the applicant has no other
1459	1459	adequate legal remedy; and
1460	1460	(3) maintaining the injunction is in the public
1461	1461	interest.
1462	1462	(f) An appeal under this section, including an
1463	1463	interlocutory, accelerated, or direct appeal, is governed, as
1464	1464	applicable, by the Texas Rules of Appellate Procedure, including
1465	1465	Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
1466	1466	40.1(b), and 49.4.
1467	1467	(g) This section does not authorize an award of attorney's
1468	1468	fees against this state, and Section 37.009, Civil Practice and
1469	1469	Remedies Code, does not apply to an action filed under this section.
1470	1470	(h) This section does not authorize a taxpayer suit to
1471	1471	contest the denial of a tax credit by the comptroller of public
1472	1472	accounts.
1473	1473	SECTION 2.008. It is the intent of the legislature that
1474	1474	every provision, section, subsection, sentence, clause, phrase, or
1475	1475	word in this article, and every application of the provisions in
1476	1476	this article to each person or entity, is severable from each other.
1477	1477	If any application of any provision in this article to any person,
1478	1478	group of persons, or circumstances is found by a court to be invalid
1479	1479	for any reason, the remaining applications of that provision to all
1480	1480	other persons and circumstances shall be severed and may not be
1481	1481	affected.
1482	1482	ARTICLE 3. TRANSITION; EFFECTIVE DATE
1483	1483	SECTION 3.001. To the extent of any conflict, this Act
1484	1484	prevails over another Act of the 88th Legislature, Regular Session,
1485	1485	2023, relating to nonsubstantive additions to and corrections in
1486	1486	enacted codes.
1487	1487	SECTION 3.002. (a) Except as provided by Subsection (b) of
1488	1488	this section, this Act takes effect immediately if it receives a
1489	1489	vote of two-thirds of all the members elected to each house, as
1490	1490	provided by Section 39, Article III, Texas Constitution. If this
1491	1491	Act does not receive the vote necessary for immediate effect, this
1492	1492	Act takes effect September 1, 2023.
1493	1493	(b) Article 2 of this Act takes effect September 1, 2023.