Bill Text: TX HB133 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the prohibited use of public money to pay the costs of providing public benefits to certain persons.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2023-10-11 - Filed [HB133 Detail]
Download: Texas-2023-HB133-Introduced.html
By: Troxclair | H.B. No. 133 |
|
||
|
||
relating to the prohibited use of public money to pay the costs of | ||
providing public benefits to certain persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The purposes of Sections 2 and 3 of this Act are | ||
to: | ||
(1) discourage illegal migration into this state, | ||
encourage compliance with federal immigration laws, and stop the | ||
chaos caused by unfettered migration into this state; and | ||
(2) recognize that: | ||
(A) the unprecedented scale of the current border | ||
crisis is overwhelming school district and state resources; | ||
(B) educational services, including online | ||
training curricula, are available at greatly reduced rates compared | ||
to services previously available and in a much larger alternative | ||
marketplace than was previously available; and | ||
(C) the scope of the current border crisis is | ||
much wider than in the past, presenting schools in this state with | ||
students from over 100 nationalities and untold numbers of native | ||
languages. | ||
SECTION 2. Section 25.001(a), Education Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 25.009, a [ |
||
on the first day of September of any school year, is at least five | ||
years of age and under 21 years of age, or is at least 21 years of | ||
age and under 26 years of age and is admitted by a school district to | ||
complete the requirements for a high school diploma is entitled to | ||
the benefits of the available school fund for that year. Any other | ||
person enrolled in a prekindergarten class under Section 29.153 is | ||
entitled to the benefits of the available school fund. | ||
SECTION 3. Subchapter A, Chapter 25, Education Code, is | ||
amended by adding Section 25.009 to read as follows: | ||
Sec. 25.009. SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN | ||
STUDENTS. (a) This section applies only to a student who is not a | ||
citizen or lawful permanent resident of the United States. | ||
(b) Notwithstanding any other law, a school district: | ||
(1) may not use public money, including tax and bond | ||
revenue, to pay or subsidize the tuition of a student to which this | ||
section applies; and | ||
(2) shall: | ||
(A) charge a student to which this section | ||
applies tuition in an amount equivalent to the average cost of | ||
providing educational services to students of the same grade level; | ||
and | ||
(B) document the student's immigration status in | ||
the district's records and report that information to the agency. | ||
(c) A school district that violates this section is not | ||
entitled to funding under Chapter 46 or 48. | ||
SECTION 4. Subtitle H, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 174 to read as follows: | ||
CHAPTER 174. INELIGIBILITY FOR PUBLIC BENEFITS | ||
Sec. 174.001. DEFINITION. In this chapter, "public | ||
benefit" means: | ||
(1) a benefit provided under a public assistance | ||
program, including: | ||
(A) the medical assistance program under Chapter | ||
32, Human Resources Code, including medical assistance provided in | ||
accordance with Section 1903(v), Social Security Act (42 U.S.C. | ||
Section 1396b(v)); | ||
(B) the child health plan program under Chapters | ||
62 and 63; | ||
(C) the financial assistance program under | ||
Chapter 31, Human Resources Code; | ||
(D) the nutritional assistance programs under | ||
Chapter 33, Human Resources Code, including the supplemental | ||
nutrition assistance program under that chapter; and | ||
(E) any other public assistance program the | ||
commission administers; and | ||
(2) any other public benefit administered through the | ||
use of public money, including: | ||
(A) prenatal care services; | ||
(B) emergency shelter services; | ||
(C) transitional housing services; | ||
(D) health care services; | ||
(E) life and safety services; and | ||
(F) any other public services. | ||
Sec. 174.002. APPLICABILITY. This chapter applies only to | ||
a person who is not a citizen or lawful permanent resident of the | ||
United States. | ||
Sec. 174.003. PROHIBITED PROVISION OF PUBLIC BENEFITS TO | ||
CERTAIN PERSONS. Notwithstanding any other law, a state agency or | ||
political subdivision of this state may not provide any public | ||
benefit to a person described by Section 174.002. | ||
SECTION 5. Subchapter M, Chapter 285, Health and Safety | ||
Code, is amended by adding Section 285.2015 to read as follows: | ||
Sec. 285.2015. PROHIBITED USE OF TAX REVENUE FOR CERTAIN | ||
INDIGENT CARE. Notwithstanding any other law, a hospital district | ||
created under general or special law may not use tax revenue to | ||
cover the costs of health care services provided to an indigent | ||
person who is not a citizen or lawful permanent resident of the | ||
United States. | ||
SECTION 6. Section 285.201, Health and Safety Code, is | ||
repealed. | ||
SECTION 7. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are declared to be severable. | ||
SECTION 8. If before implementing any provision of this Act | ||
a state agency determines that any other waiver or authorization | ||
from a federal agency is necessary for implementation of that | ||
provision, the agency affected by the provision shall request the | ||
waiver or authorization and may delay implementing that provision | ||
until the waiver or authorization is granted. | ||
SECTION 9. This Act takes effect on the 91st day after the | ||
las day of the legislative session. |