Texas House Bill HB37

Texas 2023 - 88th 1st C.S.

• Filed: 5/30/23

Caption

Relating to the prohibited use of public money to pay the costs of providing public benefits to certain persons.

Impact

If enacted, HB37 will significantly alter the landscape of public assistance in Texas, particularly in education and healthcare. It will amend the Education Code to prevent school districts from using taxpayer funds for tuition or educational services for undocumented students. The Health and Safety Code will also be revised to ensure that hospital districts do not spend tax revenue on providing healthcare to non-residents. As such, communities with higher populations of undocumented immigrants may witness reduced access to essential services, which critics argue could exacerbate public health and educational challenges.

Summary

House Bill 37 (HB37) aims to prohibit the use of public money to provide benefits to individuals who are not citizens or lawful permanent residents of the United States. This legislation is rooted in concerns over illegal immigration and intends to strengthen compliance with federal immigration laws. The bill outlines various public benefits, including healthcare, education, and assistance programs, that would no longer be accessible to non-residents. By defining 'public benefit' and stipulating conditions under which public funds can be allocated, HB37 seeks to restrict state and local governments from extending services to this demographic, arguing that doing so places undue strain on public resources.

Sentiment

The sentiment surrounding HB37 is largely divided along partisan lines. Supporters, primarily from the Republican party, argue that the bill is a necessary measure to protect state resources and uphold immigration laws. They contend that the bill will help manage the burdens placed on public systems by undocumented immigrants and return focus to citizens and lawful residents. Conversely, opponents, mainly from the Democratic party and various advocacy groups, view the bill as an extreme overreach that denies basic rights and services to vulnerable populations. They argue that the bill undermines community support systems and ignores the contributions of immigrants to society.

Contention

Notable points of contention in the discussions around HB37 include debates over the ethics of denying access to public benefits based on immigration status. Opponents have raised concerns that the bill could violate principles of equality and justice, as it discriminates against individuals based on their immigration status. Moreover, the bill's supporters are faced with challenges to justify the long-term impacts on public health and education, particularly how limiting access to these services might affect society at large. Potential legal challenges are also anticipated, as opponents may argue that the bill could contravene federal law regarding public assistance.

Texas Constitutional Statutes Affected

Education Code

• Chapter 25. Admission, Transfer, And Attendance
  • Section: New Section