Texas 2025 - 89th Regular

Texas House Bill HB212 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1135 MM-F
2	2	By: Cain H.B. No. 212
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of a parental empowerment program
10	10	administered by the comptroller of public accounts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Texas Parental
13	13	Empowerment Act of 2025.
14	14	SECTION 2. The legislature finds that:
15	15	(1) parents should be empowered to direct their
16	16	children's education;
17	17	(2) there is not one best educational option for all
18	18	children in this state;
19	19	(3) children belong to their parents, not to the
20	20	government;
21	21	(4) the best education for children in this state is
22	22	one directed by their parents, with all educational options made
23	23	available and accessible through a program in which money follows
24	24	each child to the educational option that best meets the child's
25	25	unique educational needs; and
26	26	(5) in Espinoza v. Montana Department of Revenue, 591
27	27	U.S. 464 (2020) and Carson v. Makin, 596 U.S. 767 (2022), the United
28	28	States Supreme Court held that state prohibitions on the use of
29	29	generally available state tuition assistance programs for children
30	30	to attend religious schools violate the Free Exercise Clause of the
31	31	First Amendment to the United States Constitution.
32	32	SECTION 3. The purpose of this Act is to achieve a general
33	33	diffusion of knowledge, increase efficiency by providing highly
34	34	qualified education professionals an opportunity to empower
35	35	parents to make the best decision regarding the education of the
36	36	parent's child, enshrine the parent as the primary decision maker
37	37	in all matters involving the parent's child, and fully fund schools
38	38	in this state while giving parents a choice about which type of
39	39	school is the right choice for the parent's child.
40	40	SECTION 4. Section 48.266, Education Code, is amended by
41	41	adding Subsection (b-1) to read as follows:
42	42	(b-1) Notwithstanding Subsection (b), the commissioner
43	43	shall adjust enrollment estimates and entitlement for each school
44	44	district for each school year based on information provided by the
45	45	comptroller under Section 48.551(g). This subsection expires
46	46	September 1, 2030.
47	47	SECTION 5. Chapter 48, Education Code, is amended by adding
48	48	Subchapter J to read as follows:
49	49	SUBCHAPTER J. PARENTAL EMPOWERMENT PROGRAM
50	50	Sec. 48.551. PARENTAL EMPOWERMENT PROGRAM. (a) In this
51	51	subchapter, "program" means the Parental Empowerment Program
52	52	established under this section.
53	53	(b) A parent or legal guardian of an eligible student who
54	54	agrees to accept reimbursement in an amount that is less than the
55	55	state average maintenance and operations expenditures per student
56	56	may receive reimbursement from the state for the tuition paid for
57	57	the enrollment of the eligible student at a private school in an
58	58	amount that is the lesser of:
59	59	(1) the tuition paid; or
60	60	(2) 80 percent of the state average maintenance and
61	61	operations expenditures per student.
62	62	(c) A student is eligible to participate in the program if
63	63	the student is a school-age child who resides in this state.
64	64	(d) Money from the available school fund and federal funds
65	65	may not be used for reimbursement under this section.
66	66	(e) A private school voluntarily selected by a parent for
67	67	the parent's child to attend, with or without governmental
68	68	assistance, may not be required to comply with any state law or rule
69	69	governing the school's educational program that was not in effect
70	70	on January 1, 2025.
71	71	(f) The comptroller shall administer the program and
72	72	provide reimbursement to a parent or legal guardian of an eligible
73	73	student, or the parent's or guardian's assignees, as authorized by
74	74	this section.
75	75	(g) Not later than October 1 of each year, the comptroller
76	76	shall notify the commissioner and the Legislative Budget Board of
77	77	the number of eligible students likely to participate in the
78	78	program, disaggregated by the school district or open-enrollment
79	79	charter school the eligible students would otherwise attend. Not
80	80	later than March 1 of each year, the comptroller shall provide final
81	81	information to the commissioner and the Legislative Budget Board
82	82	regarding the number of students participating in the program,
83	83	disaggregated in the same manner as the initial information.
84	84	(h) Each school year, the agency shall, subject to the
85	85	approval of the governor and the Legislative Budget Board,
86	86	distribute to each school district and open-enrollment charter
87	87	school on a per student basis a total amount of funding equal to the
88	88	amount of any cost savings to the Foundation School Program that
89	89	resulted from the operation of the program during the preceding
90	90	school year.
91	91	Sec. 48.552. ADMINISTRATIVE COSTS. (a) The comptroller may
92	92	deduct a percentage of each reimbursement made under this
93	93	subchapter to cover the comptroller's administrative costs in
94	94	implementing and administering the program. The percentage
95	95	deducted from each reimbursement may not exceed the lesser of:
96	96	(1) the pro rata cost of the program in the applicable
97	97	year; or
98	98	(2) two percent of the amount of the reimbursement.
99	99	(b) This section expires September 1, 2035.
100	100	SECTION 6. (a) As soon as practicable, but not later than
101	101	October 15, 2025, the comptroller of public accounts, in
102	102	coordination with the commissioner of education, shall adopt rules
103	103	to implement the Parental Empowerment Program under Subchapter J,
104	104	Chapter 48, Education Code, as added by this Act, including rules to
105	105	prevent fraud in financial transactions under the program and to
106	106	determine the net savings resulting from implementation of the
107	107	program.
108	108	(b) The rules adopted under Subsection (a) of this section
109	109	must require reconciliation of payments for all reimbursements
110	110	within the same fiscal year or within the first month following the
111	111	end of the fiscal year.
112	112	SECTION 7. This Act takes effect September 1, 2025.