Amend SB 1 (senate committee report) in SECTION 2 of the bill, adding Subchapter J, Chapter 29, Education Code, as follows:
(1) In added Section 29.358(b)(3), Education Code (page 4, lines 56 through 69), strike Paragraphs (B) and (C) and substitute the following:
(B) the tutor or therapist or each employee of the teaching service who intends to provide educational services to a participating child provides to the comptroller a national criminal history record information review completed by the tutor, therapist, or employee, as applicable, within a period established by comptroller rule; and
(C) the tutor or therapist or each employee of the teaching service who intends to provide educational services to a participating child is not:
(i) required to be discharged or refused to be hired by a school district under Section 22.085; or
(ii) included in the registry under Section 22.092; or
(2) In added Section 29.358(c), Education Code (page 5, lines 6 and 7), strike "and verify that the individual is not included in the registry under Section 22.092".
(3) In added Section 29.358(c), Education Code (page 5, line 8), strike "service" and substitute "employee".
(4) In added Section 29.358, Education Code (page 5, lines 17 through 21), strike Subsection (e), substitute the following appropriately lettered subsections, and reletter subsequent subsections accordingly:
(_) An education service provider or vendor of educational products must agree to:
(1) abide by the disbursement schedule under Section 29.360(c) and all other requirements of this subchapter;
(2) accept money from the program only for education-related expenses approved under Section 29.359;
(3) notify the comptroller not later than the 30th day after the date that the provider or vendor no longer meets the requirements of this section; and
(4) return any money received, including any interest or other additions received related to the money, in violation of this subchapter or other relevant law to the comptroller for deposit into the program fund.
(_) An education service provider or vendor of educational products that receives approval under this section may participate in the program until the earliest of the date on which the provider or vendor:
(1) no longer meets the requirements under this section; or
(2) violates this subchapter or other relevant law.
(5) In added Section 29.363(a)(1), Education Code (page 7, line 46), strike "a" and substitute "each".
(6) In added Section 29.363(a)(2), Education Code (page 7, lines 49 through 52), strike Paragraphs (A) and (B) and substitute the following:
(A) certified educational assistance organizations with Section 29.354 and other program requirements;
(B) program participants with Section 29.357 and other program requirements; and
(c) education service providers and vendors of educational products with Section 29.358 and other program requirements.
(7) In added Section 29.363(b), Education Code (page 7, line 54), between "participant" and "or", insert ", education service provider or vendor of educational products,".
(8) In added Section 29.363(c), Education Code (page 7, line 58), strike ", including" and substitute "and".
(9) In added Section 29.363(c), Education Code (page 7, line 59), strike the underlined comma.
(10) In added Section 29.364(b), Education Code (page 8, line 7), strike "business".
(11) In added Section 29.364, Education Code (page 8, lines 17 through 25), strike Subsection (d), and substitute the following:
(d) The comptroller may recover money distributed under the program that was used for expenses not allowed under Section 29.359, for a child who was not eligible to participate in the program at the time of the expenditure, or from an education service provider or vendor of educational products that was not approved at the time of the expenditure. The money and any interest or other additions received related to the money may be recovered from the program participant or the education service provider or vendor of educational products that received the money in accordance with Subtitles A and B, Title 2, Tax Code, or as provided by other law if the participating child's account is suspended or closed under this section. The comptroller shall deposit money recovered under this subsection into the program fund.
(12) Strike added Section 29.366, Education Code (page 8, lines 36 through 43), and substitute the following:
Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the comptroller obtains evidence of fraudulent use of an account or money distributed under the program or any other violation of law by a certified educational assistance organization, education services provider or vendor of educational products, or program participant, the comptroller shall notify the appropriate local county or district attorney with jurisdiction over, as applicable:
(1) the principal place of business of the organization or provider or vendor; or
(2) the residence of the program participant.