Texas 2023 - 88th 3rd C.S.

Texas House Bill HB133 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Troxclair H.B. No. 133
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prohibited use of public money to pay the costs of
7	7	providing public benefits to certain persons.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The purposes of Sections 2 and 3 of this Act are
10	10	to:
11	11	(1) discourage illegal migration into this state,
12	12	encourage compliance with federal immigration laws, and stop the
13	13	chaos caused by unfettered migration into this state; and
14	14	(2) recognize that:
15	15	(A) the unprecedented scale of the current border
16	16	crisis is overwhelming school district and state resources;
17	17	(B) educational services, including online
18	18	training curricula, are available at greatly reduced rates compared
19	19	to services previously available and in a much larger alternative
20	20	marketplace than was previously available; and
21	21	(C) the scope of the current border crisis is
22	22	much wider than in the past, presenting schools in this state with
23	23	students from over 100 nationalities and untold numbers of native
24	24	languages.
25	25	SECTION 2. Section 25.001(a), Education Code, is amended to
26	26	read as follows:
27	27	(a) Except as provided by Section 25.009, a [A] person who,
28	28	on the first day of September of any school year, is at least five
29	29	years of age and under 21 years of age, or is at least 21 years of
30	30	age and under 26 years of age and is admitted by a school district to
31	31	complete the requirements for a high school diploma is entitled to
32	32	the benefits of the available school fund for that year. Any other
33	33	person enrolled in a prekindergarten class under Section 29.153 is
34	34	entitled to the benefits of the available school fund.
35	35	SECTION 3. Subchapter A, Chapter 25, Education Code, is
36	36	amended by adding Section 25.009 to read as follows:
37	37	Sec. 25.009. SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN
38	38	STUDENTS. (a) This section applies only to a student who is not a
39	39	citizen or lawful permanent resident of the United States.
40	40	(b) Notwithstanding any other law, a school district:
41	41	(1) may not use public money, including tax and bond
42	42	revenue, to pay or subsidize the tuition of a student to which this
43	43	section applies; and
44	44	(2) shall:
45	45	(A) charge a student to which this section
46	46	applies tuition in an amount equivalent to the average cost of
47	47	providing educational services to students of the same grade level;
48	48	and
49	49	(B) document the student's immigration status in
50	50	the district's records and report that information to the agency.
51	51	(c) A school district that violates this section is not
52	52	entitled to funding under Chapter 46 or 48.
53	53	SECTION 4. Subtitle H, Title 2, Health and Safety Code, is
54	54	amended by adding Chapter 174 to read as follows:
55	55	CHAPTER 174. INELIGIBILITY FOR PUBLIC BENEFITS
56	56	Sec. 174.001. DEFINITION. In this chapter, "public
57	57	benefit" means:
58	58	(1) a benefit provided under a public assistance
59	59	program, including:
60	60	(A) the medical assistance program under Chapter
61	61	32, Human Resources Code, including medical assistance provided in
62	62	accordance with Section 1903(v), Social Security Act (42 U.S.C.
63	63	Section 1396b(v));
64	64	(B) the child health plan program under Chapters
65	65	62 and 63;
66	66	(C) the financial assistance program under
67	67	Chapter 31, Human Resources Code;
68	68	(D) the nutritional assistance programs under
69	69	Chapter 33, Human Resources Code, including the supplemental
70	70	nutrition assistance program under that chapter; and
71	71	(E) any other public assistance program the
72	72	commission administers; and
73	73	(2) any other public benefit administered through the
74	74	use of public money, including:
75	75	(A) prenatal care services;
76	76	(B) emergency shelter services;
77	77	(C) transitional housing services;
78	78	(D) health care services;
79	79	(E) life and safety services; and
80	80	(F) any other public services.
81	81	Sec. 174.002. APPLICABILITY. This chapter applies only to
82	82	a person who is not a citizen or lawful permanent resident of the
83	83	United States.
84	84	Sec. 174.003. PROHIBITED PROVISION OF PUBLIC BENEFITS TO
85	85	CERTAIN PERSONS. Notwithstanding any other law, a state agency or
86	86	political subdivision of this state may not provide any public
87	87	benefit to a person described by Section 174.002.
88	88	SECTION 5. Subchapter M, Chapter 285, Health and Safety
89	89	Code, is amended by adding Section 285.2015 to read as follows:
90	90	Sec. 285.2015. PROHIBITED USE OF TAX REVENUE FOR CERTAIN
91	91	INDIGENT CARE. Notwithstanding any other law, a hospital district
92	92	created under general or special law may not use tax revenue to
93	93	cover the costs of health care services provided to an indigent
94	94	person who is not a citizen or lawful permanent resident of the
95	95	United States.
96	96	SECTION 6. Section 285.201, Health and Safety Code, is
97	97	repealed.
98	98	SECTION 7. If any provision of this Act or its application
99	99	to any person or circumstance is held invalid, the invalidity does
100	100	not affect other provisions or applications of this Act that can be
101	101	given effect without the invalid provision or application, and to
102	102	this end the provisions of this Act are declared to be severable.
103	103	SECTION 8. If before implementing any provision of this Act
104	104	a state agency determines that any other waiver or authorization
105	105	from a federal agency is necessary for implementation of that
106	106	provision, the agency affected by the provision shall request the
107	107	waiver or authorization and may delay implementing that provision
108	108	until the waiver or authorization is granted.
109	109	SECTION 9. This Act takes effect on the 91st day after the
110	110	las day of the legislative session.