Texas 2023 - 88th 4th C.S.

Texas House Bill HB41 Compare Versions

Version 1 (Old)

Version 2 (New)

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