89R18371 KJE-D By: Phelan H.J.R. No. 217 A JOINT RESOLUTION proposing a constitutional amendment conditioning the implementation of a school choice program on federal reimbursement of state expenses relating to securing the border. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article VII, Texas Constitution, is amended by adding Section 7 to read as follows: Sec. 7. (a) An education savings account program or a similar program through which a child may use state money for nonpublic primary or secondary education may not be implemented until the comptroller of public accounts certifies to the legislature that this state has received reimbursement from the federal government for the cost of securing the border for the period beginning September 1, 2015, to present, as determined by the comptroller. (b) On certification under Subsection (a) of this section, the comptroller of public accounts shall establish the Texas education savings fund outside the state treasury and deposit to the credit of the fund 50 percent of the reimbursement received under Subsection (a) of this section. (c) The Texas education savings fund consists of: (1) money appropriated, transferred, or deposited to the credit of the fund; and (2) any interest and other earnings attributable to the investment of money in the fund. (d) Money in the Texas education savings fund may be used only for purposes of an education savings account program or a similar program through which a child may use state money for nonpublic primary or secondary education. (e) Fifty percent of the reimbursement received under Subsection (a) of this section may be appropriated only for purposes of public education. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 4, 2025. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment conditioning the implementation of a school choice program on federal reimbursement of state expenses relating to securing the border."