By: Troxclair H.B. No. 133
A BILL TO BE ENTITLED
AN ACT
relating to the prohibited use of public money to pay the costs of
providing public benefits to certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The purposes of Sections 2 and 3 of this Act are
to:
(1) discourage illegal migration into this state,
encourage compliance with federal immigration laws, and stop the
chaos caused by unfettered migration into this state; and
(2) recognize that:
(A) the unprecedented scale of the current border
crisis is overwhelming school district and state resources;
(B) educational services, including online
training curricula, are available at greatly reduced rates compared
to services previously available and in a much larger alternative
marketplace than was previously available; and
(C) the scope of the current border crisis is
much wider than in the past, presenting schools in this state with
students from over 100 nationalities and untold numbers of native
languages.
SECTION 2. Section 25.001(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 25.009, a [A] person who,
on the first day of September of any school year, is at least five
years of age and under 21 years of age, or is at least 21 years of
age and under 26 years of age and is admitted by a school district to
complete the requirements for a high school diploma is entitled to
the benefits of the available school fund for that year. Any other
person enrolled in a prekindergarten class under Section 29.153 is
entitled to the benefits of the available school fund.
SECTION 3. Subchapter A, Chapter 25, Education Code, is
amended by adding Section 25.009 to read as follows:
Sec. 25.009. SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN
STUDENTS. (a) This section applies only to a student who is not a
citizen or lawful permanent resident of the United States.
(b) Notwithstanding any other law, a school district:
(1) may not use public money, including tax and bond
revenue, to pay or subsidize the tuition of a student to which this
section applies; and
(2) shall:
(A) charge a student to which this section
applies tuition in an amount equivalent to the average cost of
providing educational services to students of the same grade level;
and
(B) document the student's immigration status in
the district's records and report that information to the agency.
(c) A school district that violates this section is not
entitled to funding under Chapter 46 or 48.
SECTION 4. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 174 to read as follows:
CHAPTER 174. INELIGIBILITY FOR PUBLIC BENEFITS
Sec. 174.001. DEFINITION. In this chapter, "public
benefit" means:
(1) a benefit provided under a public assistance
program, including:
(A) the medical assistance program under Chapter
32, Human Resources Code, including medical assistance provided in
accordance with Section 1903(v), Social Security Act (42 U.S.C.
Section 1396b(v));
(B) the child health plan program under Chapters
62 and 63;
(C) the financial assistance program under
Chapter 31, Human Resources Code;
(D) the nutritional assistance programs under
Chapter 33, Human Resources Code, including the supplemental
nutrition assistance program under that chapter; and
(E) any other public assistance program the
commission administers; and
(2) any other public benefit administered through the
use of public money, including:
(A) prenatal care services;
(B) emergency shelter services;
(C) transitional housing services;
(D) health care services;
(E) life and safety services; and
(F) any other public services.
Sec. 174.002. APPLICABILITY. This chapter applies only to
a person who is not a citizen or lawful permanent resident of the
United States.
Sec. 174.003. PROHIBITED PROVISION OF PUBLIC BENEFITS TO
CERTAIN PERSONS. Notwithstanding any other law, a state agency or
political subdivision of this state may not provide any public
benefit to a person described by Section 174.002.
SECTION 5. Subchapter M, Chapter 285, Health and Safety
Code, is amended by adding Section 285.2015 to read as follows:
Sec. 285.2015. PROHIBITED USE OF TAX REVENUE FOR CERTAIN
INDIGENT CARE. Notwithstanding any other law, a hospital district
created under general or special law may not use tax revenue to
cover the costs of health care services provided to an indigent
person who is not a citizen or lawful permanent resident of the
United States.
SECTION 6. Section 285.201, Health and Safety Code, is
repealed.
SECTION 7. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are declared to be severable.
SECTION 8. If before implementing any provision of this Act
a state agency determines that any other waiver or authorization
from a federal agency is necessary for implementation of that
provision, the agency affected by the provision shall request the
waiver or authorization and may delay implementing that provision
until the waiver or authorization is granted.
SECTION 9. This Act takes effect on the 91st day after the
las day of the legislative session.