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A BILL TO BE ENTITLED
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AN ACT
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relating to an insurance premium tax credit for contributions made |
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to certain educational assistance organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 3, Insurance Code, is amended |
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by adding Chapter 230 to read as follows: |
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CHAPTER 230. CREDIT AGAINST PREMIUM TAXES FOR CONTRIBUTIONS TO |
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CERTAIN EDUCATIONAL ASSISTANCE ORGANIZATIONS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 230.001. DEFINITIONS. In this chapter: |
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(1) "Designated contribution" means a contribution |
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for which an entity provides notice under Section 230.152(c). |
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(2) "Educational assistance organization" means an |
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organization that: |
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(A) has the ability according to the |
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organization's charter to award scholarships to or pay educational |
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expenses for eligible students in: |
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(i) public elementary or secondary schools |
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located in this state; or |
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(ii) nonpublic elementary or secondary |
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schools located in this state: |
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(a) that meet the requirements of |
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Section 230.101; |
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(b) at which a student may fulfill |
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this state's compulsory attendance requirements; and |
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(c) that are not in violation of the |
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federal Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.); |
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and |
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(B) uses part of its annual revenue for the |
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purpose provided by Paragraph (A). |
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(3) "Eligible nonpublic school" means a school that |
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meets the requirements of Section 230.101. |
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(4) "Net savings" means any positive difference in a |
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state fiscal year between: |
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(A) the amount by which state spending on public |
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education for that year is reduced as a result of students receiving |
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scholarships and educational expense assistance from the certified |
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educational assistance organization under this chapter; and |
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(B) the amount by which state revenue derived |
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from Chapters 221 through 226 is reduced as a result of credits |
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under this chapter. |
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(5) "State premium tax liability" means any liability |
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incurred by an entity under Chapters 221 through 226. |
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Sec. 230.002. TREATMENT OF CERTAIN CONTRIBUTIONS AS PROGRAM |
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FUNDS. (a) In this chapter, "program funds" means money |
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contributed to the certified educational assistance organization |
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in a state fiscal year for which entities are granted credits under |
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Subchapter D. |
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(b) Except as provided by Subsection (d), the certified |
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educational assistance organization shall treat a designated |
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contribution as program funds until the date the comptroller |
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notifies the certified educational assistance organization that |
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the entity that made the designated contribution: |
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(1) failed to apply for a credit under Section 230.155 |
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on or with the tax report covering the period in which the |
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designated contribution was made; or |
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(2) was denied a credit under Subchapter D for the |
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designated contribution. |
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(c) The comptroller shall promptly notify the certified |
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educational assistance organization of a condition described by |
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Subsection (b). |
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(d) If the comptroller expects that, for a state fiscal |
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year, the amount of designated contributions will exceed the amount |
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of credits available under this chapter, the comptroller may |
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establish a reserve amount for the state fiscal year equal to the |
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estimated amount of designated contributions that will qualify as |
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program funds. If the comptroller establishes a reserve amount for |
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a state fiscal year, the certified educational assistance |
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organization is only required to treat as program funds an amount of |
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designated contributions received in the state fiscal year equal to |
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the reserve amount for that year. |
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(e) The certified educational assistance organization shall |
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use designated contributions treated as program funds under this |
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section for any purpose authorized by Subchapter C for the |
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expenditure of program funds. |
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Sec. 230.003. RULES; PROCEDURES. (a) The comptroller |
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shall adopt rules and procedures to implement, administer, and |
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enforce this chapter. |
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(b) A rule adopted under Subsection (a) is binding on an |
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organization that bids for a contract to serve as the certified |
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educational assistance organization, an entity that applies for a |
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credit, and a state or local governmental entity, including a |
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political subdivision, as necessary to implement, administer, and |
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enforce this chapter. |
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SUBCHAPTER B. CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATION |
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Sec. 230.051. CERTIFIED EDUCATIONAL ASSISTANCE |
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ORGANIZATION; AWARD OF CONTRACT. (a) An organization may submit a |
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bid to the comptroller for a contract to serve as the certified |
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educational assistance organization during a bidding period |
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established by the comptroller. |
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(b) To be eligible for a contract awarded under this |
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section, an organization: |
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(1) must: |
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(A) be exempt from federal tax under Section |
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501(a) of the Internal Revenue Code of 1986 by being listed as an |
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exempt organization in Section 501(c)(3) of that code; |
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(B) be in good standing with the state; |
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(C) be located in the state; |
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(D) agree to allocate at least 90 percent of |
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program funds in the manner provided by Section 230.106; |
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(E) agree to award scholarships and assistance |
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for qualifying educational expenses to eligible students who |
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demonstrate the greatest financial and academic need; |
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(F) agree to provide each donor a receipt for |
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money contributed to the organization that includes the name of the |
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donor, the amount of the contribution, the information required by |
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Section 230.152(c), and any other information required by the |
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comptroller; |
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(G) demonstrate experience and technical |
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expertise in: |
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(i) accepting, processing, and tracking |
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applications for scholarships or educational expense assistance; |
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and |
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(ii) awarding scholarships to students in |
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primary or secondary schools; |
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(H) agree to be independently audited on an |
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annual basis and file the audit with the comptroller; and |
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(I) agree to disburse program funds within two |
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academic years of receipt; and |
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(2) may not: |
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(A) establish eligibility requirements, other |
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than the requirements under Section 230.102, for scholarships or |
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educational expense assistance paid from program funds; |
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(B) provide to a student a scholarship in an |
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annual amount that exceeds the amount provided under Section |
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230.104(a) or (b) unless the money used to provide the portion of |
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the scholarship in excess of that amount is not program funds; or |
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(C) provide to a student educational expense |
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assistance in excess of the amount provided under Section |
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230.104(c), unless the money used to provide the portion of the |
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assistance in excess of that amount is not program funds. |
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(c) The comptroller may contract with only one certified |
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educational assistance organization at any time. The comptroller |
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shall select a successful bidder from among the organizations that |
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submit a bid under Subsection (a) and meet the requirements of |
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Subsection (b) and shall award to that bidder a contract to serve as |
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the certified educational assistance organization. The |
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comptroller has broad discretion in awarding the certified |
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educational assistance organization contract. |
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(d) The comptroller shall notify all organizations that |
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submit a bid under Subsection (a) of the comptroller's selection |
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under Subsection (c). |
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(e) The comptroller shall attempt to maintain one certified |
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educational assistance organization at all times. The comptroller |
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shall establish a bidding period under Subsection (a) as soon as |
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practicable after the comptroller learns there is, or is likely to |
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be, a vacancy for the certified educational assistance |
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organization. |
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(f) The comptroller's selection under Subsection (c) is |
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final and is not appealable. |
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Sec. 230.052. TERMINATION OF CONTRACT. (a) A contract |
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between the comptroller and a certified educational assistance |
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organization entered into under Section 230.051 must include |
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provisions regarding termination of the contract that are |
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consistent with the requirements of this section. |
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(b) The comptroller shall terminate a contract under |
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Section 230.051 if the comptroller finds that the certified |
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educational assistance organization: |
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(1) is no longer eligible under Section 230.051; or |
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(2) intentionally and substantially violates this |
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chapter. |
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(c) The comptroller has broad discretion in determining |
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whether to terminate a contract under Subsection (b). |
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(d) The comptroller shall notify the certified educational |
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assistance organization in writing of the comptroller's decision to |
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terminate the organization's contract. The comptroller shall |
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include in the notice of termination the reasons for the proposed |
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termination. |
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(e) If the comptroller notifies the certified educational |
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assistance organization of the proposed termination of the |
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organization's contract, the organization may request in writing a |
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reconsideration of the proposed termination not later than the 10th |
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day after the date the notice under Subsection (d) is received. If |
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the organization does not request a reconsideration of the proposed |
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termination on or before that date, the termination is final. |
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(f) An organization that requests a reconsideration under |
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Subsection (e) may submit to the comptroller, not later than the |
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30th day after the date the request for reconsideration is |
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submitted, additional information and documents to support the |
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organization's request for reconsideration. |
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(g) The comptroller's reconsideration of a proposed |
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termination under this section is not a contested case under |
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Chapter 2001, Government Code. The comptroller's decision on a |
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request for reconsideration of a proposed termination is final and |
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is not appealable. |
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(h) Termination of a contract under this section does not |
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affect the validity of a credit relating to a designated |
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contribution made before the date of termination. |
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SUBCHAPTER C. SCHOLARSHIP AND EDUCATIONAL EXPENSE ASSISTANCE |
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PROGRAM |
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Sec. 230.101. ELIGIBILITY OF NONPUBLIC SCHOOLS. The |
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certified educational assistance organization may award |
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scholarships to or pay educational expenses for eligible students |
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enrolled in a nonpublic school if the nonpublic school executes a |
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notarized affidavit, with supporting documents, concerning the |
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school's qualification for scholarships and educational expense |
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assistance for eligible students who receive assistance from the |
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certified educational assistance organization, including evidence |
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of: |
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(1) accreditation by the Texas Education Agency or by |
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an organization recognized by the Texas Private School |
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Accreditation Commission; |
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(2) annual administration of a nationally |
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norm-referenced assessment instrument or the appropriate |
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assessment instrument required under Section 39.023, Education |
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Code; |
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(3) valid certificate of occupancy; and |
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(4) policy statements regarding: |
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(A) admissions; |
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(B) curriculum; |
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(C) safety; |
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(D) food service inspection; and |
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(E) student to teacher ratios. |
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Sec. 230.102. ELIGIBILITY OF STUDENTS. (a) A student is |
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eligible to apply to the certified educational assistance |
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organization for a scholarship or educational expense assistance |
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paid from program funds if the student was enrolled in a public |
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school during the entire preceding school year or is enrolling in |
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school in this state for the first time and the student: |
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(1) is in foster care; |
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(2) is in institutional care; |
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(3) has a parent who is on active duty in the military; |
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(4) resides in a household with income not greater |
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than 200 percent of the income guidelines necessary to qualify for |
|
the national free or reduced-price lunch program established under |
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42 U.S.C. Section 1751 et seq.; |
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(5) is the sibling of a child who is eligible to apply |
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under this section; |
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(6) previously qualified to apply under this section; |
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or |
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(7) is in kindergarten through grade 12, is eligible |
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under Section 29.003, Education Code, to participate in a school |
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district's special education program, and has an individualized |
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education program under Section 29.005, Education Code. |
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(b) A student who establishes eligibility under Subsection |
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(a)(7) may continue to receive assistance under this chapter until |
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the earlier of the date the student graduates from high school or |
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the student's 22nd birthday. |
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(c) The certified educational assistance organization shall |
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award scholarships and educational expense assistance to eligible |
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students who apply in accordance with this chapter. |
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Sec. 230.103. NOTICE TO CERTAIN PARENTS. A school district |
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shall provide written notice of the availability of assistance |
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under this chapter to the parent of a student who is eligible to |
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apply for assistance under Section 230.102(a)(7). The notice must |
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inform the parent: |
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(1) that an eligible nonpublic school is not subject |
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to laws regarding the provision of education services in the same |
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manner as a public school; |
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(2) that a student with a disability attending an |
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eligible nonpublic school may not receive the services a student |
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with a disability attending a public school is entitled to receive |
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under federal and state law; |
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(3) of the rights provided under the Individuals with |
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Disabilities Education Act (20 U.S.C. Section 1400 et seq.), |
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including: |
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(A) an individualized education program; |
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(B) education services provided in the least |
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restrictive environment; |
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(C) instruction from certified teachers; |
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(D) due process hearings to ensure proper and |
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full implementation of an individualized education program; |
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(E) transition and planning services; and |
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(F) supplementary aids and services; |
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(4) of the rights provided under Subchapter A, Chapter |
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29, Education Code; and |
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(5) of any other rights provided under federal or |
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state law to a student with a disability who attends a public |
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school. |
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Sec. 230.104. LIMIT ON AMOUNT OF SCHOLARSHIP OR EDUCATIONAL |
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EXPENSE ASSISTANCE. (a) Except as provided by Subsection (b), the |
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maximum scholarship amount the certified educational assistance |
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organization may award to a student under this chapter paid from |
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program funds may not exceed 75 percent of the state average |
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maintenance and operations expenditures per student in average |
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daily attendance for the preceding state fiscal year. |
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(b) The maximum scholarship amount under Subsection (a) may |
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not exceed 50 percent of the state average maintenance and |
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operations expenditures per student in average daily attendance for |
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the preceding state fiscal year if the student receiving the |
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scholarship resides in a household with income greater than 175 |
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percent of the income guidelines necessary to qualify for the |
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national free or reduced-price lunch program established under 42 |
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U.S.C. Section 1751 et seq. This subsection does not apply to a |
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student who is eligible for assistance under Section 230.102(a)(7) |
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or (b). |
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(c) The maximum educational expense assistance the |
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certified educational assistance organization may award to a |
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student under this chapter paid from program funds may not exceed |
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$750 for the 2024 state fiscal year, increased by five percent each |
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subsequent year. |
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Sec. 230.105. QUALIFIED EDUCATIONAL EXPENSES. (a) Except |
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as provided by Subsection (c), the scholarship amount described by |
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Section 230.104(a) or (b) may be used only to pay for the following |
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qualified educational expenses incurred by the student awarded the |
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scholarship who attends an eligible nonpublic school: |
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(1) tuition; |
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(2) transportation; |
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(3) textbooks; |
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(4) tutoring; |
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(5) academic after-school programs; |
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(6) instructional supplies required by the school; |
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(7) school or lab fees; |
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(8) before-school or after-school child care; and |
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(9) uniforms. |
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(b) Except as provided by Subsection (c), the educational |
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expense assistance amount described by Section 230.104(c) may be |
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used only to pay for the following qualified educational expenses |
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incurred by the student awarded the educational expense assistance: |
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(1) facility fees; |
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(2) transportation expenses, including the cost to |
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transfer from one public school to another; |
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(3) textbooks; |
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(4) tutoring; |
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(5) academic after-school programs; |
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(6) instructional supplies required by the school; |
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(7) school or lab fees; and |
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(8) before-school or after-school child care. |
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(c) In addition to the expenses described by Subsections (a) |
|
and (b), the scholarship or educational expense assistance amount |
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awarded to a student eligible under Section 230.102(a)(7) or (b) |
|
may be used to pay for the following qualified educational |
|
expenses: |
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(1) educational therapies from a licensed or |
|
accredited practitioner or provider; |
|
(2) a licensed or accredited paraprofessional or |
|
educational aide; |
|
(3) tuition for vocational and life skills education; |
|
and |
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(4) associated services that include educational and |
|
psychological evaluations, assistive technology rentals, and |
|
translation services. |
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Sec. 230.106. ALLOCATION OF PROGRAM FUNDS. Of the program |
|
funds required to be allocated as provided by Section |
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230.051(b)(1)(D), the certified educational assistance |
|
organization shall use: |
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(1) at least 80 percent to award scholarships |
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described by Sections 230.104(a) and (b); and |
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(2) not more than 20 percent to award educational |
|
expense assistance as described by Section 230.104(c). |
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Sec. 230.107. REPORT OF NET SAVINGS TO PUBLIC EDUCATION. |
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Not later than December 31 of each even-numbered year, the |
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comptroller shall determine the amount of net savings for the |
|
previous state fiscal biennium and make available to the public a |
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report of that amount of savings. |
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SUBCHAPTER D. CREDIT |
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Sec. 230.151. CREDIT. An entity may apply for a credit |
|
against the entity's state premium tax liability in the amount and |
|
under the conditions provided by this chapter. The comptroller |
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shall award credits as provided by Section 230.155. |
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Sec. 230.152. CONTRIBUTIONS ELIGIBLE FOR CREDIT. (a) An |
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entity may apply for a credit under this chapter only for designated |
|
contributions made by the entity. |
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(b) An entity may not apply for a credit under this chapter |
|
for a designated contribution made to the certified educational |
|
assistance organization if: |
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(1) the entity requires that the contribution benefit |
|
a particular person or school; or |
|
(2) the contribution is directed to provide a |
|
scholarship or educational expense assistance for an entity |
|
employee or for a spouse or dependent of an entity employee. |
|
(c) An entity shall provide written notice to the certified |
|
educational assistance organization when the entity makes a |
|
contribution if the entity may apply for a credit under this chapter |
|
for the contribution. An entity may not apply for a credit for the |
|
contribution unless the entity provides the notice at the time the |
|
contribution is made. The certified educational assistance |
|
organization shall indicate on the receipt provided under Section |
|
230.051(b)(1)(F) that the entity provided notice under this |
|
subsection. |
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Sec. 230.153. AMOUNTS; LIMITATION ON TOTAL CREDITS. (a) |
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Subject to Subsections (b) and (c), the amount of an entity's credit |
|
is equal to the lesser of: |
|
(1) the amount of designated contributions made to the |
|
certified educational assistance organization during the period |
|
covered by the tax report; or |
|
(2) 50 percent of the entity's state premium tax |
|
liability for the report. |
|
(b) For the 2024 state fiscal year, the total amount of |
|
credits that may be awarded under this chapter may not exceed $100 |
|
million. For each subsequent state fiscal year, the total amount of |
|
credits that may be awarded is an amount equal to 110 percent of the |
|
total amount of credits that may be awarded in the previous state |
|
fiscal year. |
|
(c) The comptroller by rule shall prescribe procedures by |
|
which the comptroller may allocate credits under this chapter. The |
|
procedures must provide that: |
|
(1) credits are allocated first to entities that |
|
received preliminary approval under Section 230.154 and that apply |
|
under Section 230.155; and |
|
(2) any credits remaining after the allocation under |
|
Subdivision (1) are allocated to entities that apply under Section |
|
230.155 on a first-come, first-served basis, based on the date the |
|
designated contribution was initially made. |
|
(d) The comptroller may require an entity to notify the |
|
comptroller of the amount the entity intends or expects to apply for |
|
under this chapter before the beginning of a state fiscal year or at |
|
any other time required by the comptroller. |
|
Sec. 230.154. PRELIMINARY APPROVAL FOR CREDIT. (a) Before |
|
making a contribution to the certified educational assistance |
|
organization, an entity may apply to the comptroller for |
|
preliminary approval for a credit under this chapter for the |
|
contribution. |
|
(b) An entity must apply for preliminary approval on a form |
|
provided by the comptroller that includes the amount the entity |
|
expects to contribute and any other information the comptroller |
|
requires. |
|
(c) The comptroller shall grant preliminary approval for |
|
credits under this chapter on a first-come, first-served basis, |
|
based on the date the comptroller receives the application for |
|
preliminary approval. |
|
(d) The comptroller shall grant preliminary approval for a |
|
credit under this chapter for a state fiscal year if the sum of the |
|
amount of the credit and the total amount of all other credits |
|
preliminarily approved for that state fiscal year does not exceed |
|
the amount provided by Section 230.153(b). |
|
(e) Final award of a credit preliminarily approved under |
|
this section remains subject to the limitations under Section |
|
230.153 and all other requirements of this chapter. |
|
Sec. 230.155. APPLICATION FOR CREDIT. (a) An entity must |
|
apply for a credit under this chapter on or with the tax report |
|
covering the period in which the designated contribution was made. |
|
(b) The comptroller shall adopt a form for the application |
|
for the credit. An entity must use this form in applying for the |
|
credit and must include with the application form each receipt |
|
provided under Section 230.051(b)(1)(F) that includes the |
|
information required by Section 230.152(c). |
|
(c) Subject to Section 230.153(c), the comptroller may |
|
award a credit to an entity that applies for the credit under |
|
Subsection (a) if the entity is eligible for the credit and the |
|
credit is available under Section 230.153(b). The comptroller has |
|
broad discretion in determining whether to grant or deny an |
|
application for a credit. |
|
(d) The comptroller shall notify an entity in writing of the |
|
comptroller's decision to grant or deny the application under |
|
Subsection (a). If the comptroller denies an entity's application, |
|
the comptroller shall include in the notice of denial the reasons |
|
for the comptroller's decision. |
|
(e) If the comptroller denies an entity's application under |
|
Subsection (a), the entity may request in writing a reconsideration |
|
of the application not later than the 10th day after the date the |
|
notice under Subsection (d) is received. If the entity does not |
|
request a reconsideration of the application on or before that |
|
date, the comptroller's decision is final. |
|
(f) An entity that requests a reconsideration under |
|
Subsection (e) may submit to the comptroller, not later than the |
|
30th day after the date the request for reconsideration is |
|
submitted, additional information and documents to support the |
|
entity's request for reconsideration. |
|
(g) The comptroller's reconsideration of an application |
|
under this section is not a contested case under Chapter 2001, |
|
Government Code. The comptroller's decision on a request for |
|
reconsideration of an application is final and is not appealable. |
|
(h) This section does not create a cause of action to |
|
contest a decision of the comptroller to deny an application for a |
|
credit under this chapter. |
|
Sec. 230.156. ASSIGNMENT PROHIBITED; EXCEPTION. An entity |
|
may not convey, assign, or transfer the credit allowed under this |
|
chapter to another entity unless all of the assets of the entity are |
|
conveyed, assigned, or transferred in the same transaction. |
|
Sec. 230.157. NOTICE OF AVAILABILITY OF CREDIT. The |
|
comptroller shall provide notice of the availability of the credit |
|
under this chapter on the comptroller's Internet website, in the |
|
instructions for insurance premium tax report forms, and in any |
|
notice sent to an entity concerning the requirement to file an |
|
insurance premium tax report. |
|
SECTION 2. (a) The constitutionality and other validity |
|
under the state or federal constitution of all or any part of |
|
Chapter 230, Insurance Code, as added by this Act, may be determined |
|
in an action for declaratory judgment in a district court in Travis |
|
County under Chapter 37, Civil Practice and Remedies Code, except |
|
that this section does not authorize an award of attorney's fees |
|
against this state and Section 37.009, Civil Practice and Remedies |
|
Code, does not apply to an action filed under this section. This |
|
section does not authorize a taxpayer suit to contest the denial of |
|
a credit by the comptroller of public accounts. |
|
(b) An appeal of a declaratory judgment or order, however |
|
characterized, of a district court, including an appeal of the |
|
judgment of an appellate court, holding or otherwise determining |
|
that all or any part of Chapter 230, Insurance Code, as added by |
|
this Act, is constitutional or unconstitutional, or otherwise valid |
|
or invalid, under the state or federal constitution is an |
|
accelerated appeal. |
|
(c) If the judgment or order is interlocutory, an |
|
interlocutory appeal may be taken from the judgment or order and is |
|
an accelerated appeal. |
|
(d) A district court in Travis County may grant or deny a |
|
temporary or otherwise interlocutory injunction or a permanent |
|
injunction on the grounds of the constitutionality or |
|
unconstitutionality, or other validity or invalidity, under the |
|
state or federal constitution of all or any part of Chapter 230, |
|
Insurance Code, as added by this Act. |
|
(e) There is a direct appeal to the Texas Supreme Court from |
|
an order, however characterized, of a trial court granting or |
|
denying a temporary or otherwise interlocutory injunction or a |
|
permanent injunction on the grounds of the constitutionality or |
|
unconstitutionality, or other validity or invalidity, under the |
|
state or federal constitution of all or any part of Chapter 230, |
|
Insurance Code, as added by this Act. |
|
(f) The direct appeal is an accelerated appeal. |
|
(g) This section exercises the authority granted by Section |
|
3-b, Article V, Texas Constitution. |
|
(h) The filing of a direct appeal under this section will |
|
automatically stay any temporary or otherwise interlocutory |
|
injunction or permanent injunction granted in accordance with this |
|
section pending final determination by the Texas Supreme Court, |
|
unless the supreme court makes specific findings that the applicant |
|
seeking such injunctive relief has pleaded and proved that: |
|
(1) the applicant has a probable right to the relief it |
|
seeks on final hearing; and |
|
(2) the applicant will suffer a probable injury that |
|
is imminent and irreparable, and that the applicant has no other |
|
adequate legal remedy. |
|
(i) An appeal under this section, including an |
|
interlocutory, accelerated, or direct appeal, is governed, as |
|
applicable, by the Texas Rules of Appellate Procedure, including |
|
Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1), |
|
38.6(a) and (b), 40.1(b), and 49.4. |
|
SECTION 3. An entity may apply for a credit under Chapter |
|
230, Insurance Code, as added by this Act, only for an expenditure |
|
made on or after the effective date of this Act. |
|
SECTION 4. Not later than February 15, 2024, the |
|
comptroller of public accounts shall adopt rules as provided by |
|
Section 230.003(a), Insurance Code, as added by this Act. |
|
SECTION 5. The comptroller of public accounts shall make |
|
the initial determination of net savings and report regarding that |
|
savings as required by Section 230.107, Insurance Code, as added by |
|
this Act, not later than December 31, 2026, based on the state |
|
fiscal biennium ending August 31, 2025. |
|
SECTION 6. This Act applies only to a report originally due |
|
on or after the effective date of this Act. |
|
SECTION 7. This Act takes effect January 1, 2024. |