By: C. Harris S.B. No. 104 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.