Texas 2023 - 88th 3rd C.S.

Texas House Bill HB62 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88S30050 MM-F
2	2	By: Cain H.B. No. 62
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a parental empowerment program
8	8	administered by the comptroller of public accounts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Texas Parental
11	11	Empowerment Act of 2023.
12	12	SECTION 2. The legislature finds that:
13	13	(1) parents should be empowered to direct their
14	14	children's education;
15	15	(2) there is not one best educational option for all
16	16	children in this state;
17	17	(3) children belong to their parents, not to the
18	18	government;
19	19	(4) the best education for children in this state is
20	20	one directed by their parents, with all educational options made
21	21	available and accessible through a program in which money follows
22	22	each child to the educational option that best meets the child's
23	23	unique educational needs; and
24	24	(5) in Espinoza v. Montana Department of Revenue, 140
25	25	S. Ct. 2246 (2020) and Carson v. Makin, 142 S. Ct. 1987 (2022), the
26	26	United States Supreme Court held that state prohibitions on the use
27	27	of generally available state tuition assistance programs for
28	28	children to attend religious schools violate the Free Exercise
29	29	Clause of the First Amendment to the United States Constitution.
30	30	SECTION 3. The purpose of this Act is to achieve a general
31	31	diffusion of knowledge, increase efficiency by providing highly
32	32	qualified education professionals an opportunity to empower
33	33	parents to make the best decision regarding the education of the
34	34	parent's child, enshrine the parent as the primary decision maker
35	35	in all matters involving the parent's child, and fully fund schools
36	36	in this state while giving parents a choice about which type of
37	37	school is the right choice for the parent's child.
38	38	SECTION 4. Section 48.266, Education Code, is amended by
39	39	adding Subsection (b-1) to read as follows:
40	40	(b-1) Notwithstanding Subsection (b), the commissioner
41	41	shall adjust enrollment estimates and entitlement for each school
42	42	district for each school year based on information provided by the
43	43	comptroller under Section 48.551(g). This subsection expires
44	44	September 1, 2028.
45	45	SECTION 5. Chapter 48, Education Code, is amended by adding
46	46	Subchapter J to read as follows:
47	47	SUBCHAPTER J. PARENTAL EMPOWERMENT PROGRAM
48	48	Sec. 48.551. PARENTAL EMPOWERMENT PROGRAM. (a) In this
49	49	subchapter, "program" means the Parental Empowerment Program
50	50	established under this section.
51	51	(b) A parent or legal guardian of an eligible student who
52	52	agrees to accept reimbursement in an amount that is less than the
53	53	state average maintenance and operations expenditures per student
54	54	may receive reimbursement from the state for the tuition paid for
55	55	the enrollment of the eligible student at a private school in an
56	56	amount that is the lesser of:
57	57	(1) the tuition paid; or
58	58	(2) 80 percent of the state average maintenance and
59	59	operations expenditures per student.
60	60	(c) A student is eligible to participate in the program if
61	61	the student is a school-age child who resides in this state.
62	62	(d) Money from the available school fund and federal funds
63	63	may not be used for reimbursement under this section.
64	64	(e) A private school voluntarily selected by a parent for
65	65	the parent's child to attend, with or without governmental
66	66	assistance, may not be required to comply with any state law or rule
67	67	governing the school's educational program that was not in effect
68	68	on September 1, 2023.
69	69	(f) The comptroller shall administer the program and
70	70	provide reimbursement to a parent or legal guardian of an eligible
71	71	student, or the parent's or guardian's assignees, as authorized by
72	72	this section.
73	73	(g) Not later than October 1 of each year, the comptroller
74	74	shall notify the commissioner and the Legislative Budget Board of
75	75	the number of eligible students likely to participate in the
76	76	program, disaggregated by the school district or open-enrollment
77	77	charter school the eligible students would otherwise attend. Not
78	78	later than March 1 of each year, the comptroller shall provide final
79	79	information to the commissioner and the Legislative Budget Board
80	80	regarding the number of students participating in the program,
81	81	disaggregated in the same manner as the initial information.
82	82	(h) Each school year, the agency shall, subject to the
83	83	approval of the governor and the Legislative Budget Board,
84	84	distribute to each school district and open-enrollment charter
85	85	school on a per student basis a total amount of funding equal to the
86	86	amount of any cost savings to the Foundation School Program that
87	87	resulted from the operation of the program during the preceding
88	88	school year.
89	89	Sec. 48.552. ADMINISTRATIVE COSTS. (a) The comptroller may
90	90	deduct a percentage of each reimbursement made under this
91	91	subchapter to cover the comptroller's administrative costs in
92	92	implementing and administering the program. The percentage
93	93	deducted from each reimbursement may not exceed the lesser of:
94	94	(1) the pro rata cost of the program in the applicable
95	95	year; or
96	96	(2) two percent of the amount of the reimbursement.
97	97	(b) This section expires September 1, 2033.
98	98	SECTION 6. (a) As soon as practicable, but not later than
99	99	February 15, 2024, the comptroller of public accounts, in
100	100	coordination with the commissioner of education, shall adopt rules
101	101	to implement the Parental Empowerment Program under Subchapter J,
102	102	Chapter 48, Education Code, as added by this Act, including rules to
103	103	prevent fraud in financial transactions under the program and to
104	104	determine the net savings resulting from implementation of the
105	105	program.
106	106	(b) The rules adopted under Subsection (a) of this section
107	107	must require reconciliation of payments for all reimbursements
108	108	within the same fiscal year or within the first month following the
109	109	end of the fiscal year.
110	110	SECTION 7. This Act takes effect on the 91st day after the
111	111	last day of the legislative session.