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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited use of public money to pay the costs of |
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providing public benefits to certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purposes of Sections 2 and 3 of this Act are |
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to: |
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(1) discourage illegal migration into this state, |
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encourage compliance with federal immigration laws, and stop the |
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chaos caused by unfettered migration into this state; and |
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(2) recognize that: |
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(A) the unprecedented scale of the current border |
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crisis is overwhelming school district and state resources; |
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(B) educational services, including online |
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training curricula, are available at greatly reduced rates compared |
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to services previously available and in a much larger alternative |
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marketplace than was previously available; and |
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(C) the scope of the current border crisis is |
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much wider than in the past, presenting schools in this state with |
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students from over 100 nationalities and untold numbers of native |
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languages. |
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SECTION 2. Section 25.001(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 25.009, a [A] person who, |
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on the first day of September of any school year, is at least five |
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years of age and under 21 years of age, or is at least 21 years of |
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age and under 26 years of age and is admitted by a school district to |
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complete the requirements for a high school diploma is entitled to |
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the benefits of the available school fund for that year. Any other |
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person enrolled in a prekindergarten class under Section 29.153 is |
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entitled to the benefits of the available school fund. |
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SECTION 3. Subchapter A, Chapter 25, Education Code, is |
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amended by adding Section 25.009 to read as follows: |
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Sec. 25.009. SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN |
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STUDENTS. (a) This section applies only to a student who is not a |
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citizen or lawful permanent resident of the United States. |
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(b) Notwithstanding any other law, a school district: |
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(1) may not use public money, including tax and bond |
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revenue, to pay or subsidize the tuition of a student to which this |
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section applies; and |
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(2) shall: |
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(A) charge a student to which this section |
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applies tuition in an amount equivalent to the average cost of |
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providing educational services to students of the same grade level; |
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and |
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(B) document the student's immigration status in |
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the district's records and report that information to the agency. |
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(c) A school district that violates this section is not |
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entitled to funding under Chapter 46 or 48. |
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SECTION 4. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 174 to read as follows: |
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CHAPTER 174. INELIGIBILITY FOR PUBLIC BENEFITS |
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Sec. 174.001. DEFINITION. In this chapter, "public |
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benefit" means: |
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(1) a benefit provided under a public assistance |
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program, including: |
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(A) the medical assistance program under Chapter |
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32, Human Resources Code, including medical assistance provided in |
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accordance with Section 1903(v), Social Security Act (42 U.S.C. |
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Section 1396b(v)); |
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(B) the child health plan program under Chapters |
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62 and 63; |
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(C) the financial assistance program under |
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Chapter 31, Human Resources Code; |
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(D) the nutritional assistance programs under |
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Chapter 33, Human Resources Code, including the supplemental |
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nutrition assistance program under that chapter; and |
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(E) any other public assistance program the |
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commission administers; and |
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(2) any other public benefit administered through the |
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use of public money, including: |
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(A) prenatal care services; |
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(B) emergency shelter services; |
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(C) transitional housing services; |
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(D) health care services; |
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(E) life and safety services; and |
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(F) any other public services. |
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Sec. 174.002. APPLICABILITY. This chapter applies only to |
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a person who is not a citizen or lawful permanent resident of the |
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United States. |
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Sec. 174.003. PROHIBITED PROVISION OF PUBLIC BENEFITS TO |
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CERTAIN PERSONS. Notwithstanding any other law, a state agency or |
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political subdivision of this state may not provide any public |
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benefit to a person described by Section 174.002. |
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SECTION 5. Subchapter M, Chapter 285, Health and Safety |
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Code, is amended by adding Section 285.2015 to read as follows: |
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Sec. 285.2015. PROHIBITED USE OF TAX REVENUE FOR CERTAIN |
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INDIGENT CARE. Notwithstanding any other law, a hospital district |
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created under general or special law may not use tax revenue to |
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cover the costs of health care services provided to an indigent |
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person who is not a citizen or lawful permanent resident of the |
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United States. |
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SECTION 6. Section 285.201, Health and Safety Code, is |
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repealed. |
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SECTION 7. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 8. If before implementing any provision of this Act |
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a state agency determines that any other waiver or authorization |
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from a federal agency is necessary for implementation of that |
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provision, the agency affected by the provision shall request the |
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waiver or authorization and may delay implementing that provision |
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until the waiver or authorization is granted. |
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SECTION 9. This Act takes effect September 1, 2023. |