| 1 | 1 | | 89R18371 KJE-D |
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| 2 | 2 | | By: Phelan H.J.R. No. 217 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment conditioning the |
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| 9 | 9 | | implementation of a school choice program on federal reimbursement |
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| 10 | 10 | | of state expenses relating to securing the border. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article VII, Texas Constitution, is amended by |
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| 13 | 13 | | adding Section 7 to read as follows: |
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| 14 | 14 | | Sec. 7. (a) An education savings account program or a |
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| 15 | 15 | | similar program through which a child may use state money for |
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| 16 | 16 | | nonpublic primary or secondary education may not be implemented |
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| 17 | 17 | | until the comptroller of public accounts certifies to the |
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| 18 | 18 | | legislature that this state has received reimbursement from the |
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| 19 | 19 | | federal government for the cost of securing the border for the |
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| 20 | 20 | | period beginning September 1, 2015, to present, as determined by |
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| 21 | 21 | | the comptroller. |
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| 22 | 22 | | (b) On certification under Subsection (a) of this section, |
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| 23 | 23 | | the comptroller of public accounts shall establish the Texas |
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| 24 | 24 | | education savings fund outside the state treasury and deposit to |
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| 25 | 25 | | the credit of the fund 50 percent of the reimbursement received |
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| 26 | 26 | | under Subsection (a) of this section. |
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| 27 | 27 | | (c) The Texas education savings fund consists of: |
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| 28 | 28 | | (1) money appropriated, transferred, or deposited to |
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| 29 | 29 | | the credit of the fund; and |
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| 30 | 30 | | (2) any interest and other earnings attributable to |
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| 31 | 31 | | the investment of money in the fund. |
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| 32 | 32 | | (d) Money in the Texas education savings fund may be used |
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| 33 | 33 | | only for purposes of an education savings account program or a |
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| 34 | 34 | | similar program through which a child may use state money for |
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| 35 | 35 | | nonpublic primary or secondary education. |
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| 36 | 36 | | (e) Fifty percent of the reimbursement received under |
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| 37 | 37 | | Subsection (a) of this section may be appropriated only for |
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| 38 | 38 | | purposes of public education. |
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| 39 | 39 | | SECTION 2. This proposed constitutional amendment shall be |
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| 40 | 40 | | submitted to the voters at an election to be held November 4, 2025. |
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| 41 | 41 | | The ballot shall be printed to permit voting for or against the |
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| 42 | 42 | | proposition: "The constitutional amendment conditioning the |
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| 43 | 43 | | implementation of a school choice program on federal reimbursement |
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| 44 | 44 | | of state expenses relating to securing the border." |
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