Texas 2025 - 89th Regular

Texas House Bill HB4745 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Olcott H.B. No. 4745
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the prohibited use of public money to pay the costs of
7	9		providing public benefits to certain persons
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. The purposes of Sections 2 and 3 of this Act are
10	12		to:
11	13		(1) discourage illegal migration into this state,
12	14		encourage compliance with federal immigration laws, and stop the
13	15		chaos caused by unfettered migration into this state; and
14	16		(2) recognize that:
15	17		(A) the unprecedented scale of the current border
16	18		crisis is overwhelming school district and state resources;
17	19		(B) educational services, including online
18	20		training curricula, are available at greatly reduced rates compared
19	21		to services previously available and in a much larger alternative
20	22		marketplace than was previously available; and
21	23		(C) the scope of the current border crisis is
22	24		much wider than in the past, presenting schools in this state with
23	25		students from over 100 nationalities and an untold number of native
24	26		languages.
25	27		SECTION 2. Section 25.001(a), Education Code, is amended to
26	28		read as follows:
27	29		(a) Except as provided by Section 25.009, a [A] person who,
28	30		on the first day of September of any school year, is at least five
29	31		years of age and under 21 years of age, or is at least 21 years of
30	32		age and under 26 years of age and is admitted by a school district to
31	33		complete the requirements for a high school diploma is entitled to
32	34		the benefits of the available school fund for that year. Any other
33	35		person enrolled in a prekindergarten class under Section 29.153 is
34	36		entitled to the benefits of the available school fund.
35	37		SECTION 3. Subchapter A, Chapter 25, Education Code, is
36	38		amended by adding Section 25.009 to read as follows:
37	39		Sec. 25.009. SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN
38	40		STUDENTS. (a) This section applies only to a student who is not a
39	41		citizen or lawful permanent resident of the United States.
40	42		(b) Notwithstanding any other law, a school district:
41	43		(1) may not use public money, including tax and bond
42	44		revenue, to pay or subsidize the tuition of a student to whom this
43	45		section applies; and
44	46		(2) shall:
45	47		(A) charge a student to whom this section applies
46	48		tuition in an amount equivalent to the average cost of providing
47	49		educational services to students of the same grade level; and
48	50		(B) document the student's immigration status in
49	51		the district's records and report that information to the agency.
50	52		(c) A school district that violates this section is not
51	53		entitled to funding under Chapter 46 or 48.
52	54		SECTION 4. Subtitle H, Title 2, Health and Safety Code, is
53	55		amended by adding Chapter 174 to read as follows:
54	56		CHAPTER 174. INELIGIBILITY FOR PUBLIC BENEFITS
55	57		Sec. 174.001. DEFINITION. In this chapter, "public
56	58		benefit" means:
57	59		(1) a benefit provided under a public assistance
58	60		program, including:
59	61		(A) the medical assistance program under Chapter
60	62		32, Human Resources Code, including medical assistance provided in
61	63		accordance with Section 1903(v), Social Security Act (42 U.S.C.
62	64		Section 1396b(v));
63	65		(B) the child health plan program under Chapters
64	66		62 and 63;
65	67		(C) the financial assistance program under
66	68		Chapter 31, Human Resources Code;
67	69		(D) the nutritional assistance programs under
68	70		Chapter 33, Human Resources Code, including the supplemental
69	71		nutrition assistance program under that chapter; and
70	72		(E) any other public assistance program the
71	73		commission administers; and
72	74		(2) any other public benefit administered through the
73	75		use of public money.
74	76		Sec. 174.002. APPLICABILITY. This chapter applies only to
75	77		a person who is not a citizen or lawful permanent resident of the
76	78		United States.
77	79		Sec. 174.003. PROHIBITED PROVISION OF PUBLIC BENEFITS TO
78	80		CERTAIN PERSONS. Notwithstanding any other law, a state agency or
79	81		political subdivision of this state may not provide any public
80	82		benefit to a person described by Section 174.002.
81	83		SECTION 5. Subchapter M, Chapter 285, Health and Safety
82	84		Code, is amended by adding Section 285.2015 to read as follows:
83	85		Sec. 285.2015. PROHIBITED USE OF TAX REVENUE FOR CERTAIN
84	86		INDIGENT CARE. Notwithstanding any other law, a hospital district
85	87		created under general or special law may not use tax revenue to
86	88		cover the costs of health care services provided to an indigent
87	89		person who is not a citizen or lawful permanent resident of the
88	90		United States.
89	91		SECTION 6. Section 285.201, Health and Safety Code, is
90	92		repealed.
91	93		SECTION 7. If any provision of this Act or its application
92	94		to any person or circumstance is held invalid, the invalidity does
93	95		not affect other provisions or applications of this Act that can be
94	96		given effect without the invalid provision or application, and to
95	97		this end the provisions of this Act are declared to be severable.
96	98		SECTION 8. If before implementing any provision of this Act
97	99		a state agency determines that any other waiver or authorization
98	100		from a federal agency is necessary for implementation of that
99	101		provision, the agency affected by the provision shall request the
100	102		waiver or authorization and may delay implementing that provision
101	103		until the waiver or authorization is granted.
102	104		SECTION 9. This Act takes effect September 1, 2025.