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A BILL TO BE ENTITLED
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AN ACT
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relating to state savings and government efficiency achieved |
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through a tuition equalization grant program administered by the |
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comptroller of public accounts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.253, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding Subsection (b), the commissioner |
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shall adjust enrollment estimates and entitlement for each school |
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district for each school year based on information provided by the |
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comptroller under Section 42.551(k). This subsection expires |
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September 1, 2024. |
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SECTION 2. Chapter 42, Education Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. TEXAS EQUALIZATION FOR EXCELLENCE (TEX) GRANTS |
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Sec. 42.551. TEXAS EQUALIZATION FOR EXCELLENCE (TEX) GRANT |
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PROGRAM. (a) In this section, "program" means the Texas |
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Equalization for Excellence (TEX) Grant Program established under |
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this section. |
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(b) A parent or legal guardian of an eligible student who |
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agrees to accept a grant awarded under this section in an amount |
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that is less than the state average maintenance and operations |
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expenditures per student may receive a grant awarded under this |
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section from the state for the tuition owed for the enrollment of |
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the eligible student at a private school accredited by an |
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organization that is recognized by the Texas Private School |
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Accreditation Commission in an amount that is the lesser of: |
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(1) the tuition owed; or |
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(2) 60 percent of the state average maintenance and |
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operations expenditures per student. |
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(c) A student is eligible to participate in the program if |
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the student is a school-age child who resides in a school district |
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that opts to participate in the program under Subsection (d) or (e) |
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and: |
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(1) is either: |
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(A) a member of a household with a total annual |
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income that is at or below 250 percent of the federal poverty level; |
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or |
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(B) eligible to participate in a school |
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district's special education program under Section 29.003; and |
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(2) who: |
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(A) is entering kindergarten or first grade; |
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(B) attended a public school for all of the |
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academic year immediately preceding initial participation in the |
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program; or |
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(C) participated in the program in a preceding |
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academic year. |
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(d) The board of trustees of a school district by a majority |
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vote may allow children residing in the district to participate in |
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the program, subject to applicable eligibility requirements. |
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(e) The residents of a school district may vote at a general |
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election to allow children residing in that district to participate |
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in the program, subject to applicable eligibility requirements. |
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The district shall hold an election described by this subsection on |
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the next uniform election date that permits compliance with |
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applicable deadlines for the election if the district receives a |
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petition requesting the election that is signed by at least 10 |
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percent of the registered voters residing in the district. |
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(f) A school district that opts to participate in the |
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program under Subsection (d) may opt to cease participating in the |
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program by a two-thirds vote of the district's board of trustees. |
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If a school district ceases participating in the program under this |
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subsection, notwithstanding Subsection (c), a student residing in |
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the district who has participated in the program for at least two |
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years and is otherwise eligible to participate in the program under |
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that subsection may continue participating in the program until the |
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student graduates from high school. |
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(g) In addition to any funding the district receives under |
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Chapter 42, for each eligible student participating in the program, |
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the school district the student would otherwise attend is entitled |
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to receive for the first year in which the student participates in |
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the program an amount equal to 20 percent of the state average |
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maintenance and operations expenditures per student. |
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(h) Money from the available school fund and federal funds |
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may not be used for grants awarded under this section. |
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(i) A private school voluntarily selected by a parent for |
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the parent's child to attend, with or without governmental |
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assistance, may not be required to comply with any state law or rule |
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governing the school's educational program that was not in effect |
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on January 1, 2019. |
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(j) The comptroller shall administer the program and |
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provide a grant awarded under this section to a parent or legal |
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guardian of an eligible student as authorized by this section. |
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(k) Not later than October 1 of each year, the comptroller |
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shall notify the commissioner and the Legislative Budget Board of |
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the number of eligible students likely to participate in the |
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program, disaggregated by the school district or open-enrollment |
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charter school the eligible students would otherwise attend. Not |
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later than March 1 of each year, the comptroller shall provide final |
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information to the commissioner and the Legislative Budget Board |
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regarding the number of students participating in the program, |
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disaggregated in the same manner as the initial information. |
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SECTION 3. As soon as practicable, but not later than |
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October 15, 2019, the comptroller of public accounts, in |
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coordination with the commissioner of education, shall adopt rules |
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to implement the Texas Equalization for Excellence (TEX) Grant |
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Program under Section 42.551, Education Code, as added by this Act, |
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including rules to prevent fraud in financial transactions under |
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the program and to determine the net savings resulting from |
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implementation of the program. The rules must require |
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reconciliation of payments for all grants within the same fiscal |
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year or within the first month following the end of the fiscal year. |
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SECTION 4. (a) The constitutionality and other validity |
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under the state or federal constitution of all or any part of |
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Subchapter J, Chapter 42, Education Code, as added by this Act, may |
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be determined in an action for declaratory judgment in a district |
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court in Travis County under Chapter 37, Civil Practice and |
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Remedies Code, except that this section does not authorize an award |
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of attorney's fees against this state and Section 37.009, Civil |
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Practice and Remedies Code, does not apply to an action filed under |
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this section. This section does not authorize a taxpayer suit to |
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contest the denial of a tax credit by the comptroller of public |
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accounts. |
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(b) The appeal of a declaratory judgment or order, however |
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characterized, of a district court, including an appeal of the |
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judgment of an appellate court, holding or otherwise determining |
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that all or any part of Subchapter J, Chapter 42, Education Code, as |
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added by this Act, is constitutional or unconstitutional, or |
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otherwise valid or invalid, under the state or federal constitution |
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is an accelerated appeal. |
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(c) If the judgment or order is interlocutory, an |
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interlocutory appeal may be taken from the judgment or order and is |
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an accelerated appeal. |
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(d) A district court in Travis County may grant or deny a |
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temporary or otherwise interlocutory injunction or a permanent |
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injunction on the grounds of the constitutionality or |
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unconstitutionality, or other validity or invalidity, under the |
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state or federal constitution of all or any part of Subchapter J, |
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Chapter 42, Education Code, as added by this Act. |
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(e) There is a direct appeal to the Texas Supreme Court from |
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an order, however characterized, of a trial court granting or |
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denying a temporary or otherwise interlocutory injunction or a |
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permanent injunction on the grounds of the constitutionality or |
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unconstitutionality, or other validity or invalidity, under the |
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state or federal constitution of all or any part of Subchapter J, |
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Chapter 42, Education Code, as added by this Act. |
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(f) The direct appeal is an accelerated appeal. |
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(g) This section exercises the authority granted by Section |
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3-b, Article V, Texas Constitution. |
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(h) The filing of a direct appeal under this section will |
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automatically stay any temporary or otherwise interlocutory |
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injunction or permanent injunction granted in accordance with this |
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section pending final determination by the Texas Supreme Court, |
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unless the supreme court makes specific findings that the applicant |
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seeking such injunctive relief has pleaded and proved that: |
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(1) the applicant has a probable right to the relief it |
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seeks on final hearing; and |
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(2) the applicant will suffer a probable injury that |
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is imminent and irreparable, and that the applicant has no other |
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adequate legal remedy. |
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(i) An appeal under this section, including an |
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interlocutory, accelerated, or direct appeal, is governed, as |
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applicable, by the Texas Rules of Appellate Procedure, including |
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Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1), |
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38.6(a) and (b), 40.1(b), and 49.4. |
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SECTION 5. This Act takes effect September 1, 2019. |