By:  Gutierrez                                         H.B. No. 144
       73R495 CAE-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the admission of children to the public free schools.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 21.031(d), Education Code, is amended to
    1-5  read as follows:
    1-6        (d)  In order for a person under the age of 18 years to
    1-7  establish a residence for the purpose of attending the public free
    1-8  schools separate and apart from his parent, guardian, or other
    1-9  person having lawful control of him under an order of a court, it
   1-10  must be established that his presence in the school district is not
   1-11  for the primary purpose of participation in extracurricular
   1-12  activities.  In order for a person under the age of 18 years to
   1-13  attend the public free schools in the district as a homeless person
   1-14  under Subsection (c)(4) of this section, it must be established
   1-15  that the person's presence in the district is not for the primary
   1-16  purpose of attending the public free schools in the district.  The
   1-17  board of trustees shall be responsible for determining whether an
   1-18  applicant for admission is a resident of the school district or is
   1-19  homeless for purposes of attending the public schools, and may
   1-20  adopt reasonable guidelines for making a determination as necessary
   1-21  to protect the best interest of students.
   1-22        SECTION 2.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency   and   an   imperative   public   necessity   that   the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended.