Bill Text: TX SB3 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the establishment of an education savings account program and a tax credit scholarship and educational expense assistance program.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2017-05-12 - Referred to Public Education [SB3 Detail]
Download: Texas-2017-SB3-Engrossed.html
By: Taylor of Galveston, et al. | S.B. No. 3 |
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relating to the establishment of an education savings account | ||
program and a tax credit scholarship and educational expense | ||
assistance program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. EDUCATION SAVINGS ACCOUNT PROGRAM | ||
SECTION 1.01. Chapter 29, Education Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM | ||
Sec. 29.351. DEFINITIONS. In this subchapter: | ||
(1) "Account" means an education savings account | ||
established under the program. | ||
(2) "Child with a disability" means a child who is: | ||
(A) eligible to participate in a school | ||
district's special education program under Section 29.003; or | ||
(B) covered by Section 504, Rehabilitation Act of | ||
1973 (29 U.S.C. Section 794). | ||
(3) "Curriculum" means a complete course of study for | ||
a particular content area or grade level. | ||
(4) "Financial institution" means a bank, credit | ||
union, savings bank, or savings and loan association organized | ||
under the laws of this state, the laws of another state, or federal | ||
law that has its main office or a branch office in this state. The | ||
term does not include any institution the deposits of which are not | ||
insured by the Federal Deposit Insurance Corporation or the | ||
National Credit Union Administration. | ||
(5) "Institution of higher education" and "private or | ||
independent institution of higher education" have the meanings | ||
assigned by Section 61.003. | ||
(6) "Parent" means a resident of this state who is a | ||
natural or adoptive parent, managing or possessory conservator, | ||
legal guardian, custodian, or other person with legal authority to | ||
act on behalf of a child. | ||
(7) "Program" means the education savings account | ||
program established under this subchapter. | ||
(8) "Program participant" means a child and a parent | ||
of a child enrolled in the program. | ||
Sec. 29.352. PURPOSES. The purposes of the education | ||
savings account program are to: | ||
(1) improve public schools and overall academic | ||
performance; | ||
(2) promote efficiency; | ||
(3) promote and preserve the liberties and rights of | ||
the people; and | ||
(4) increase parental options. | ||
Sec. 29.353. ESTABLISHMENT OF PROGRAM. (a) The | ||
comptroller shall establish and administer an education savings | ||
account program to provide funding for certain education-related | ||
expenses of eligible children. | ||
(b) The comptroller, with cooperation from the agency, | ||
shall ensure that information about the program is readily | ||
available to the public through various sources, including the | ||
agency's Internet website. | ||
(c) The comptroller shall make information about the | ||
program available to parents of a child with a disability or a child | ||
who is educationally disadvantaged through the comptroller's | ||
Internet website. The information made available to parents of a | ||
child with a disability must include a notice that: | ||
(1) states that a private school is not subject to laws | ||
regarding the provision of educational services in the same manner | ||
as a public school, and a child with a disability attending a | ||
private school may not receive the services a child with a | ||
disability attending a public school is entitled to receive under | ||
federal and state law; and | ||
(2) provides information regarding rights to which a | ||
child with a disability is entitled under federal and state law if | ||
the child attends a public school, including: | ||
(A) rights provided under the Individuals with | ||
Disabilities Education Act (20 U.S.C. Section 1400 et seq.), | ||
including: | ||
(i) an individualized education program; | ||
(ii) educational services provided in the | ||
least restrictive environment; | ||
(iii) instruction from certified teachers; | ||
(iv) due process hearings to ensure proper | ||
and full implementation of an individualized education program; | ||
(v) transition and planning services; and | ||
(vi) supplementary aids and services; | ||
(B) rights provided under Subchapter A, Chapter | ||
29; and | ||
(C) other rights provided under federal or state | ||
law. | ||
Sec. 29.3531. EDUCATION SAVINGS ACCOUNT PROGRAM FUND. | ||
(a) The education savings account program fund is an account in | ||
the general revenue fund to be administered by the comptroller. | ||
(b) The fund is composed of: | ||
(1) general revenue transferred to the fund; | ||
(2) money appropriated to the fund; | ||
(3) gifts, grants, and donations received under | ||
Section 29.371; and | ||
(4) any other money available for purposes of the | ||
program. | ||
(c) Money in the fund may be appropriated only to the | ||
comptroller for purposes of making payments to program participants | ||
and administering the program under this subchapter. | ||
Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to | ||
participate in the program if the child: | ||
(1) is eligible to attend a public school under | ||
Section 25.001; | ||
(2) is a member of a household with a total annual | ||
income that is at or below 175 percent of the income guidelines | ||
necessary to qualify for the national free or reduced-price lunch | ||
program established under 42 U.S.C. Section 1751 et seq.; | ||
(3) attended a public school in this state during the | ||
entire preceding academic year; and | ||
(4) resides in a public school district located in | ||
whole or in part in a county: | ||
(A) with a population of 285,000 or more based | ||
upon the 2010 census; or | ||
(B) in which the residents have approved | ||
participation in the program and receipt of scholarships and | ||
educational expense assistance under Chapter 230, Insurance Code, | ||
as provided by Subsection (a-1). | ||
(a-1) The residents of a county with a population of less | ||
than 285,000 may vote at a general election to allow children | ||
residing in that county to participate in the program and to receive | ||
scholarships and educational expense assistance under Chapter 230, | ||
Insurance Code, subject to applicable eligibility requirements. | ||
The county shall hold an election described by this subsection on | ||
the next uniform election date that permits compliance with | ||
applicable deadlines for the election if the county receives a | ||
petition requesting the election signed by at least five percent of | ||
the registered voters residing in the county. | ||
(b) A child who establishes eligibility under this section | ||
may participate in the program until the earliest of the following | ||
dates: | ||
(1) the date that is three months after the date on | ||
which the child graduates from high school; | ||
(2) the date on which the child is no longer eligible | ||
to attend a public school under Section 25.001; | ||
(3) the date on which the child enrolls in a public | ||
school, including an open-enrollment charter school; or | ||
(4) the date on which the child is declared ineligible | ||
for the program by the comptroller under this subchapter. | ||
(c) Notwithstanding Subsection (b), the comptroller shall | ||
establish guidelines for, in the least disruptive manner possible: | ||
(1) a child participating in the program to cease | ||
participation and enroll in a public school, including an | ||
open-enrollment charter school; and | ||
(2) a child who previously participated in the program | ||
and subsequently enrolled in a public school, including an | ||
open-enrollment charter school, to resume participation in the | ||
program. | ||
Sec. 29.355. ENROLLMENT IN PROGRAM. (a) A parent of an | ||
eligible child may enroll the child in the program for the following | ||
school year. | ||
(b) The comptroller shall by rule create an enrollment form | ||
for the program and make the enrollment form readily available to | ||
interested parents through various sources, including the | ||
comptroller's Internet website. An enrollment form for the program | ||
must be submitted to the comptroller electronically. | ||
(c) The comptroller shall post on the comptroller's | ||
Internet website and provide to each parent who submits an | ||
enrollment form a publication that describes the operation of the | ||
program, including: | ||
(1) expenses allowed under the program under Section | ||
29.357; | ||
(2) expense reporting requirements; and | ||
(3) a description of the responsibilities of program | ||
participants and the duties of the comptroller under this | ||
subchapter. | ||
(d) The comptroller shall provide to each parent who submits | ||
an enrollment form for a child with a disability a written copy of | ||
the notice described by Section 29.353(c). Before the parent may | ||
receive funding under the program, the parent must sign and return | ||
the notice to the comptroller. | ||
Sec. 29.356. PARTICIPATION IN PROGRAM. (a) To receive | ||
funding under the program, a parent of an eligible child must agree | ||
to: | ||
(1) spend funds received through the program only for | ||
expenses allowed under Section 29.357; | ||
(2) notify the comptroller if the child enrolls in a | ||
public school, including an open-enrollment charter school, not | ||
later than the 30th day after the date of enrollment; and | ||
(3) inform the comptroller if the child graduates from | ||
high school. | ||
(b) The parent of a child participating in the program is | ||
the trustee of the child's account. | ||
(c) The comptroller shall provide annually to each program | ||
participant the publication provided under Section 29.355(c). | ||
Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES. | ||
(a) Funds received under the program may be used only for the | ||
following expenses incurred by a program participant: | ||
(1) tuition and fees: | ||
(A) at a private school accredited by an | ||
organization that is recognized by the Texas Private School | ||
Accreditation Commission; | ||
(B) at an institution of higher education or a | ||
private or independent institution of higher education; or | ||
(C) for an online educational course or program; | ||
(2) the purchase of textbooks or other instructional | ||
materials required by a school, institution, course, or program | ||
described by Subdivision (1) in which the child is enrolled; | ||
(3) fees for classes or other educational services | ||
provided by a public school, if the classes or services do not | ||
qualify the child to be included in the school's average daily | ||
attendance; | ||
(4) fees for services provided by a private tutor or | ||
teaching service; | ||
(5) costs of transportation to and from school, not to | ||
exceed $500 per year; | ||
(6) for a child with a disability, fees for | ||
educational therapies or services provided by a practitioner or | ||
provider; | ||
(7) costs of computer hardware and software and other | ||
technological devices prescribed by a physician to facilitate a | ||
child's education, not to exceed in any year 10 percent of the total | ||
amount paid to the program participant's account that year; | ||
(8) fees for a nationally norm-referenced achievement | ||
test or examination, an assessment instrument adopted by the agency | ||
under Section 39.023, an advanced placement test or similar | ||
examination, or any examination related to college or university | ||
admission; | ||
(9) fees for the management of the participant's | ||
account charged by a financial institution; and | ||
(10) costs of breakfast or lunch provided to a child | ||
during the school day by a private school. | ||
(b) Expenses allowed under Subsection (a) do not include | ||
expenses for: | ||
(1) consumable supplies, including paper, pens, | ||
pencils, folders, and notebooks; | ||
(2) food, other than breakfast or lunch as authorized | ||
under Subsection (a)(10); or | ||
(3) before-school or after-school child care and child | ||
care during school holidays and vacations. | ||
(c) An education service provider or vendor of educational | ||
products must provide a program participant with a receipt for each | ||
expense allowed under Subsection (a) charged by the provider or | ||
vendor to the participant. | ||
(d) The content, subject to Section 29.364(c), or religious | ||
nature of a product or service may not be considered in determining | ||
whether a payment for the product or service is an expense allowed | ||
under Subsection (a). | ||
(e) A finding that a program participant used funds | ||
distributed under the program to pay for an expense not allowed | ||
under Subsection (a) does not affect the validity of any payment | ||
made by the participant for an expense that is allowed under that | ||
subsection. | ||
Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent | ||
of an eligible child shall receive each year that the child | ||
participates in the program a payment from the state to the child's | ||
account in an amount that is equal to: | ||
(1) 75 percent of the state average maintenance and | ||
operations expenditures per student for the preceding state fiscal | ||
year; or | ||
(2) if the child is a child with a disability, 90 | ||
percent of the state average maintenance and operations | ||
expenditures per student for the preceding state fiscal year. | ||
(b) In addition to any funding the district receives under | ||
Chapter 42, for each child participating in the program, the school | ||
district the child would otherwise attend is entitled to receive | ||
for the first year in which the child participates in the program an | ||
amount equal to 50 percent of the difference between: | ||
(1) the state average maintenance and operations | ||
expenditures per student for the preceding state fiscal year; and | ||
(2) the amount the child's parent receives under | ||
Subsection (a) for the year. | ||
(c) For the first year a child participates in the program, | ||
the child is included in the weighted average daily attendance of | ||
the school district the child would otherwise attend for purposes | ||
of determining the district's equalized wealth level under Chapter | ||
41. | ||
(d) Any funds remaining in a child's account at the end of a | ||
fiscal year are carried forward to the next fiscal year unless | ||
another provision of this subchapter mandates the closure of the | ||
account. | ||
(e) The parent of a child participating in the program may | ||
make payments for the expenses of educational programs, services, | ||
and products not covered by funds in the child's account. | ||
(f) A payment under Subsection (a) may not be financed using | ||
federal funds or money appropriated from the permanent school fund | ||
or the available school fund. | ||
Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The | ||
comptroller may contract with one or more financial institutions to | ||
establish and manage an account for each child participating in the | ||
program. A program participant must be able to access the | ||
participant's account by using an online or electronic transfer | ||
payment service. | ||
(b) The comptroller shall make quarterly payments to each | ||
program participant's account in equal amounts, with the first | ||
payment for each school year made on September 1 and the remaining | ||
payments made on or before the 15th day of November, February, and | ||
May. | ||
(c) The comptroller may deduct an amount from each quarterly | ||
payment to a program participant's account to cover the | ||
comptroller's cost of administering the program. The amount | ||
deducted may not exceed five percent of the payment. | ||
(d) Not later than 30 days after the end of each fiscal year, | ||
the comptroller shall reconcile payments made to and from all | ||
accounts under the program. | ||
(e) On the date on which a child who participated in the | ||
program is no longer eligible to participate in the program under | ||
Section 29.354(b), the child's account is closed and any remaining | ||
funds are returned to the state for deposit in the education savings | ||
account program fund. | ||
(f) The comptroller may contract with a private entity to | ||
administer all or any part of the program. | ||
Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The | ||
comptroller shall contract with a private entity to randomly audit | ||
accounts as necessary to ensure compliance with applicable law and | ||
the requirements of the program. | ||
(b) In auditing an account, the comptroller or private | ||
entity may require that a program participant provide further | ||
information and documentation regarding any payment from the | ||
participant's account. | ||
(c) The private entity shall report to the comptroller any | ||
violation of this subchapter or other relevant law found by the | ||
entity during an audit conducted under this section. | ||
Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The comptroller | ||
shall suspend the account of a program participant who fails to | ||
comply with applicable law or a requirement of the program, | ||
including a requirement under Section 29.356(a), or who | ||
substantially misuses funds received under the program. | ||
(b) On suspension of an account under Subsection (a), the | ||
comptroller shall notify the program participant in writing that | ||
the account has been suspended and that no further payments may be | ||
made from the account. The notification must specify the grounds | ||
for the suspension and state that the participant has 10 business | ||
days to respond and take any corrective action required by the | ||
comptroller. | ||
(c) On the expiration of the 10-day period under Subsection | ||
(b), the comptroller shall: | ||
(1) order permanent closure of the suspended account | ||
and declare the program participant ineligible for the program; | ||
(2) order temporary reinstatement of the account, | ||
conditioned on the performance of a specified action by the | ||
participant; or | ||
(3) order full reinstatement of the account. | ||
(d) The comptroller may recover funds distributed under the | ||
program that were used for expenses not allowed under Section | ||
29.357(a) from the program participant or the entity that received | ||
the funds if the participant's account is suspended or closed under | ||
this section. | ||
Sec. 29.362. TUITION AND FEES; REFUND PROHIBITED. (a) An | ||
education service provider may not charge a child participating in | ||
the program an amount greater than the standard amount charged for | ||
that service by the provider. | ||
(b) An education service provider or a vendor of educational | ||
products receiving funds distributed under the program may not in | ||
any manner rebate, refund, or credit to or share with a program | ||
participant, or any person on behalf of a participant, any program | ||
funds paid or owed by the participant to the provider or vendor. | ||
Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the | ||
comptroller obtains evidence of fraudulent use of an account, the | ||
comptroller may refer the case to the attorney general for | ||
investigation. | ||
(b) With the consent of the appropriate local county or | ||
district attorney, the attorney general has concurrent | ||
jurisdiction with the consenting local prosecutor to prosecute an | ||
offense referred to the attorney general under Subsection (a). | ||
Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) To receive | ||
funds distributed under the program, a private school must be | ||
accredited by an organization that is recognized by the Texas | ||
Private School Accreditation Commission. | ||
(b) A practitioner or provider who provides educational | ||
therapies or services for a child with a disability must be licensed | ||
or accredited by a regional or national accrediting organization to | ||
receive funds distributed under the program. | ||
(c) A private tutor, teaching service, or online | ||
educational course or program provider must apply to and be | ||
approved by the commissioner to receive funds distributed under the | ||
program. | ||
(d) To be eligible for approval under Subsection (c), a | ||
private tutor or each employee of a teaching service who intends to | ||
provide educational services to a program participant must: | ||
(1) be a teacher who: | ||
(A) is certified under Subchapter B, Chapter 21; | ||
(B) holds a National Board Certification issued | ||
by the National Board for Professional Teaching Standards; or | ||
(C) has experience teaching at an institution of | ||
higher education or private or independent institution of higher | ||
education; and | ||
(2) either: | ||
(A) complete a national criminal history record | ||
information review; or | ||
(B) provide to the commissioner documentation | ||
indicating that the tutor or employee, as applicable, has completed | ||
a national criminal history record information review within a | ||
period established by commissioner rule. | ||
(e) The commissioner shall review the national criminal | ||
history record information or documentation for each private tutor | ||
or teaching service who submits an application under Subsection | ||
(c). The tutor or teaching service must provide the commissioner | ||
with any information requested by the commissioner to enable the | ||
commissioner to complete the review. | ||
(f) The commissioner shall maintain and provide to the | ||
comptroller a list of private tutors, teaching services, and online | ||
educational courses or program providers approved to receive funds | ||
distributed under the program. The comptroller shall post the list | ||
on the comptroller's Internet website. | ||
(g) A private tutor, teaching service, or online | ||
educational course or program provider may appeal to the | ||
comptroller the commissioner's rejection of an application | ||
submitted under Subsection (c). | ||
(h) The commissioner may adopt rules necessary to exercise | ||
the commissioner's powers and duties under this section. | ||
Sec. 29.365. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR | ||
AUTONOMY. (a) An education service provider or vendor of | ||
educational products that receives funds distributed under the | ||
program is not an agent of the state or federal government. | ||
(b) Except as provided by this subchapter, the comptroller, | ||
the commissioner, the agency, the State Board of Education, any | ||
other state agency, or any school district may not: | ||
(1) regulate the educational program of an education | ||
service provider or vendor of educational products that receives | ||
funds distributed under the program; or | ||
(2) exercise control or supervision over a program | ||
participant or an education service provider or vendor of | ||
educational products that receives funds distributed under the | ||
program. | ||
(c) The program does not expand the regulatory authority of | ||
the state or any school district to impose any additional | ||
regulation on an education service provider or vendor of | ||
educational products except those reasonably necessary to enforce | ||
the program as provided by this subchapter. | ||
(d) A private school may not be required to modify the | ||
school's creed, practices, admissions policies, curriculum, | ||
performance standards, or assessments to receive funds distributed | ||
under the program. | ||
(e) A private school voluntarily selected by a parent for | ||
the parent's child to attend, with or without governmental | ||
assistance, may not be required to comply with any state law or rule | ||
governing the applicable educational program that was not in effect | ||
on January 1, 2017. | ||
(f) In any proceeding challenging a rule adopted by a state | ||
agency or officer under this subchapter, the agency or officer has | ||
the burden of proof to establish that the rule: | ||
(1) is necessary to implement or enforce the program | ||
as provided by this subchapter; and | ||
(2) does not impose an undue burden on a program | ||
participant or an education service provider or vendor of | ||
educational products that receives or seeks to receive funds | ||
distributed under the program. | ||
Sec. 29.366. STUDENT RECORDS AND INFORMATION. (a) On | ||
request by the parent of a child participating in the program, the | ||
school district or open-enrollment charter school that the child | ||
would otherwise attend shall provide a copy of the child's school | ||
records possessed by the district or school, if any, to the child's | ||
parent or, if applicable, the private school the child attends. | ||
(b) The agency shall provide to the comptroller any | ||
information available to the agency requested by the comptroller | ||
regarding a child who participates or seeks to participate in the | ||
program. The comptroller may not retain information provided under | ||
this subsection beyond the period necessary to determine: | ||
(1) a child's eligibility to participate in the | ||
program; or | ||
(2) the amount of a payment to a program participant's | ||
account under Section 29.358. | ||
Sec. 29.367. REPORTING NUMBER OF PARTICIPANTS. (a) Not | ||
later than October 1 of each year, the comptroller shall notify the | ||
commissioner and the Legislative Budget Board of the number of | ||
eligible children likely to participate in the program, | ||
disaggregated by the school district or open-enrollment charter | ||
school the eligible children would otherwise attend. | ||
(b) Not later than March 1 of each year, the comptroller | ||
shall provide final information to the commissioner and the | ||
Legislative Budget Board regarding the number of children | ||
participating in the program, disaggregated in the same manner as | ||
the initial information under Subsection (a). | ||
Sec. 29.368. ANNUAL SURVEY. The comptroller may conduct an | ||
annual parental satisfaction survey that asks each parent of a | ||
child participating in the program to express: | ||
(1) the parent's overall level of satisfaction with | ||
the program; and | ||
(2) the parent's opinion on specified topics and | ||
issues relevant to the effectiveness of the program. | ||
Sec. 29.369. PARENT REVIEW COMMITTEE. (a) A parent review | ||
committee is established to assist the comptroller, at the | ||
comptroller's request, in: | ||
(1) determining whether certain expenses are allowed | ||
under Section 29.357; and | ||
(2) reviewing an appeal of the commissioner's decision | ||
to reject an application of a private tutor, teaching service, or | ||
online educational course or program provider for approval under | ||
Section 29.364 to receive funds distributed under the program. | ||
(b) The committee consists of the comptroller, or a | ||
representative designated by the comptroller, and eight members | ||
appointed by the comptroller. Each appointed member must be a | ||
parent of a child participating in the program. In making | ||
appointments to the committee, the comptroller shall ensure that | ||
parents from at least four counties are included. | ||
(c) An appointed member of the committee serves a one-year | ||
term at the pleasure of the comptroller and may be reappointed. | ||
(d) The comptroller or the representative designated by the | ||
comptroller, as applicable, is the chair of the committee and may | ||
vote on a matter before the committee only if there is a tie. | ||
Sec. 29.370. RULES. The comptroller shall: | ||
(1) adopt rules as necessary to implement this | ||
subchapter, including: | ||
(A) rules regarding expense reporting | ||
requirements for program participants; and | ||
(B) rules for implementing this subchapter in a | ||
manner that ensures compliance with federal law regarding | ||
confidentiality of student educational information, including the | ||
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g); and | ||
(2) coordinate as necessary to: | ||
(A) calculate annually the savings to the state | ||
from the implementation of the program; and | ||
(B) prevent fraud in financial transactions | ||
under the program, including by adopting measures to permit | ||
anonymous fraud reporting by telephone hotline or online | ||
communication. | ||
Sec. 29.371. GIFTS, GRANTS, AND DONATIONS. The comptroller | ||
may solicit and accept gifts, grants, and donations from any public | ||
or private source for any expenses related to the administration of | ||
the program, including the initial implementation of the program. | ||
SECTION 1.02. Section 42.253, Education Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) Notwithstanding Subsection (b), the commissioner | ||
shall adjust enrollment estimates and entitlement for each school | ||
district for each school year based on information provided by the | ||
comptroller under Section 29.367 and the certified educational | ||
assistance organization under Section 230.0513, Insurance Code. | ||
This subsection expires September 1, 2021. | ||
SECTION 1.03. Section 411.0901, Government Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) The Texas Education Agency is entitled to obtain | ||
criminal history record information maintained by the department | ||
about a person who is a private tutor or an employee of a teaching | ||
service who intends to provide educational services to a child | ||
participating in the program established under Subchapter J, | ||
Chapter 29, Education Code, and is seeking approval to receive | ||
funds distributed under that program. | ||
SECTION 1.04. This article applies beginning with the | ||
2018-2019 school year. | ||
ARTICLE 2. TAX CREDIT SCHOLARSHIP AND EDUCATIONAL EXPENSE | ||
ASSISTANCE PROGRAM | ||
SECTION 2.01. Subtitle B, Title 3, Insurance Code, is | ||
amended by adding Chapter 230 to read as follows: | ||
CHAPTER 230. CREDIT AGAINST PREMIUM TAXES FOR CONTRIBUTIONS TO | ||
CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 230.001. DEFINITIONS. In this chapter: | ||
(1) "Educational assistance organization" means an | ||
organization that: | ||
(A) has the ability according to the | ||
organization's charter to award scholarships to or pay educational | ||
expenses for eligible students in: | ||
(i) public elementary or secondary schools | ||
located in this state; or | ||
(ii) nonpublic elementary or secondary | ||
schools located in this state: | ||
(a) that meet the requirements of | ||
Section 230.052; | ||
(b) at which a student may fulfill | ||
this state's compulsory attendance requirements; and | ||
(c) that are not in violation of the | ||
federal Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.); | ||
and | ||
(B) uses part of its annual revenue for the | ||
purpose provided by Paragraph (A). | ||
(2) "State premium tax liability" means any liability | ||
incurred by an entity under Chapter 221, 222, or 224. | ||
Sec. 230.002. RULES; PROCEDURES. (a) The comptroller | ||
shall adopt rules and procedures to implement, administer, and | ||
enforce this chapter. | ||
(b) A rule adopted under Subsection (a) is binding on an | ||
organization that applies for certification as an educational | ||
assistance organization, an entity that applies for a credit, and a | ||
state or local governmental entity, including a political | ||
subdivision, as necessary to implement, administer, and enforce | ||
this chapter. | ||
SUBCHAPTER B. SCHOLARSHIP AND EDUCATIONAL EXPENSE ASSISTANCE | ||
PROGRAM | ||
Sec. 230.051. SELECTION OF CERTIFIED EDUCATIONAL | ||
ASSISTANCE ORGANIZATIONS. (a) An organization may apply to the | ||
comptroller for certification as a certified educational | ||
assistance organization during an application period provided by | ||
the comptroller. | ||
(b) To be eligible for certification, the organization: | ||
(1) must: | ||
(A) be exempt from federal tax under Section | ||
501(a) of the Internal Revenue Code of 1986 by being listed as an | ||
exempt organization in Section 501(c)(3) of that code; | ||
(B) be in good standing with the state; | ||
(C) be located in the state; | ||
(D) of the organization's annual revenue from | ||
contributions that are designated for scholarships or educational | ||
expense assistance for eligible students under this chapter, | ||
allocate: | ||
(i) at least 75 percent for scholarships | ||
for eligible students to attend nonpublic schools; | ||
(ii) at least 15 percent for assistance for | ||
educational expenses, including tuition, transportation, and | ||
instructional materials and other supplies, and for other related | ||
educational expense assistance as described by this section; and | ||
(iii) not more than 10 percent for | ||
administrative expenses; | ||
(E) award scholarships and assistance for | ||
qualifying educational expenses to eligible students who | ||
demonstrate the greatest financial and academic need; | ||
(F) agree to give each donor a receipt for money | ||
contributed to the organization that includes the name of the | ||
organization, the name of the donor, the amount of the | ||
contribution, the information required by Section 230.054(c), and | ||
any other information required by the comptroller; | ||
(G) demonstrate experience and technical | ||
expertise in: | ||
(i) accepting, processing, and tracking | ||
applications for scholarships or educational expense assistance; | ||
and | ||
(ii) awarding scholarships to students in | ||
primary or secondary schools; | ||
(H) agree to be independently audited on an | ||
annual basis and file the audit with the comptroller; and | ||
(I) disburse within two academic years of receipt | ||
contributions received from and designated by entities for | ||
scholarships or educational expense assistance under this chapter; | ||
and | ||
(2) may not: | ||
(A) award all scholarships under this chapter to | ||
students who attend a particular school or pay educational expenses | ||
incurred only at a particular school; | ||
(B) provide to a student a scholarship in an | ||
annual amount that exceeds the amount provided under Section | ||
230.055(a) or (b), unless the money used to provide the portion of | ||
the scholarship in excess of that amount was contributed by a person | ||
other than an entity that notifies the organization under Section | ||
230.054(c) that the entity may apply for a tax credit for the | ||
contribution; and | ||
(C) provide to a student educational expense | ||
assistance in excess of the amount provided under Section | ||
230.055(c) per academic year, unless the money used to provide the | ||
portion of the assistance in excess of that amount was contributed | ||
by a person other than an entity that notifies the organization | ||
under Section 230.054(c) that the entity may apply for a tax credit | ||
for the contribution, including assistance for: | ||
(i) facility fees; | ||
(ii) instructional materials; | ||
(iii) school supplies; | ||
(iv) tutoring; | ||
(v) academic after-school programs; | ||
(vi) school or lab fees; and | ||
(vii) transportation expenses, including | ||
the cost to transfer from one public school to another. | ||
(c) The comptroller shall certify one organization as the | ||
primary certified educational assistance organization and one | ||
organization as the secondary certified educational assistance | ||
organization. The comptroller shall select the organizations to | ||
certify as the primary and secondary certified educational | ||
assistance organizations from among the organizations that apply | ||
under Subsection (a) and meet the requirements of Subsection (b). | ||
The comptroller has broad discretion in selecting the primary and | ||
secondary certified educational assistance organizations. | ||
(d) The comptroller shall notify all organizations that | ||
apply under Subsection (a) of the comptroller's selections under | ||
Subsection (c). | ||
(e) The comptroller shall attempt to maintain one primary | ||
and one secondary certified educational assistance organization at | ||
all times. The comptroller shall provide an application period | ||
under Subsection (a) as soon as practicable after the comptroller | ||
learns there is, or is likely to be, a vacancy for the primary or | ||
secondary certified educational assistance organization. | ||
(f) The comptroller's selections under Subsection (c) are | ||
final and are not appealable. | ||
Sec. 230.0511. PERFORMANCE OF CERTIFIED EDUCATIONAL | ||
ASSISTANCE ORGANIZATION POWERS AND DUTIES. (a) Except as provided | ||
by Subsection (b), the organization certified as the primary | ||
certified educational assistance organization shall perform the | ||
powers and duties assigned to the certified educational assistance | ||
organization under this chapter. | ||
(b) The organization certified as the secondary certified | ||
educational assistance organization shall perform the powers and | ||
duties assigned to the certified educational assistance | ||
organization under this chapter if: | ||
(1) the organization certified as the primary | ||
certified educational assistance organization has its | ||
certification revoked; or | ||
(2) the comptroller otherwise determines the | ||
organization certified as the primary educational assistance | ||
organization is unable to perform the powers and duties assigned to | ||
the certified educational assistance organization under this | ||
chapter. | ||
(c) A reference in this chapter or other law to the | ||
certified educational assistance organization means the | ||
organization performing the powers and duties of the certified | ||
educational assistance organization under Subsection (a) or (b). | ||
Sec. 230.0512. INFORMATION REGARDING SCHOLARSHIPS. | ||
(a) The certified educational assistance organization shall make | ||
information about scholarships under this chapter available to | ||
parents of a student who is eligible to apply for assistance under | ||
Section 230.053(a)(3)(E) through the organization's Internet | ||
website. | ||
(b) The information made available must include a notice | ||
that: | ||
(1) states that a nonpublic school is not subject to | ||
laws regarding the provision of educational services in the same | ||
manner as a public school, and a student with a disability attending | ||
a nonpublic school may not receive the services a student with a | ||
disability attending a public school is entitled to receive under | ||
federal and state law; and | ||
(2) provides information regarding rights to which a | ||
student with a disability is entitled under federal and state law if | ||
the student attends a public school, including: | ||
(A) rights provided under the Individuals with | ||
Disabilities Education Act (20 U.S.C. Section 1400 et seq.), | ||
including: | ||
(i) an individualized education program; | ||
(ii) educational services provided in the | ||
least restrictive environment; | ||
(iii) instruction from certified teachers; | ||
(iv) due process hearings to ensure proper | ||
and full implementation of an individualized education program; | ||
(v) transition and planning services; and | ||
(vi) supplementary aids and services; | ||
(B) rights provided under Subchapter A, Chapter | ||
29, Education Code; and | ||
(C) other rights provided under federal or state | ||
law. | ||
Sec. 230.0513. REPORTING NUMBER OF SCHOLARSHIP RECIPIENTS. | ||
(a) Not later than October 1 of each year, the certified | ||
educational assistance organization shall notify the commissioner | ||
of education and the Legislative Budget Board of the likely number | ||
of students who will enroll in a nonpublic school instead of a | ||
public school using scholarships under this chapter, disaggregated | ||
by the school district or open-enrollment charter school the | ||
students would otherwise attend. | ||
(b) Not later than March 1 of each year, the certified | ||
educational assistance organization shall provide final | ||
information to the commissioner of education and the Legislative | ||
Budget Board regarding the actual number of students described by | ||
Subsection (a), disaggregated in the same manner as the initial | ||
information under that subsection. | ||
Sec. 230.052. NONPUBLIC SCHOOL REQUIREMENTS. The certified | ||
educational assistance organization may not award scholarships to | ||
or pay educational expenses for eligible students enrolled in a | ||
nonpublic school unless the nonpublic school executes a notarized | ||
affidavit, with supporting documents, concerning the school's | ||
qualification for scholarships and educational expense assistance | ||
for eligible students who receive assistance from the certified | ||
educational assistance organization, including evidence of: | ||
(1) accreditation by the Texas Education Agency or by | ||
an organization that is recognized by the Texas Private School | ||
Accreditation Commission; | ||
(2) annual administration of a nationally | ||
norm-referenced assessment instrument or the appropriate | ||
assessment instrument required under Section 39.023, Education | ||
Code; | ||
(3) valid certificate of occupancy; and | ||
(4) policy statements regarding: | ||
(A) admissions; | ||
(B) curriculum; | ||
(C) safety; | ||
(D) food service inspection; and | ||
(E) student to teacher ratios. | ||
Sec. 230.053. ELIGIBILITY OF STUDENTS; INCLUSION IN | ||
CALCULATION OF EQUALIZED WEALTH LEVEL. (a) A student is eligible | ||
to apply to the certified educational assistance organization for a | ||
scholarship or educational expense assistance under this chapter | ||
if: | ||
(1) the student resides in a public school district | ||
located in whole or in part in a county: | ||
(A) with a population of 285,000 or more based | ||
upon the 2010 census; or | ||
(B) in which the residents have approved | ||
participation in the program under Subchapter J, Chapter 29, | ||
Education Code, and receipt of scholarships and educational expense | ||
assistance under this chapter, as provided by Section 29.354(a-1), | ||
Education Code; | ||
(2) the student attended a public school in this state | ||
during the entire preceding academic year; and | ||
(3) the student: | ||
(A) is in foster care; | ||
(B) is in institutional care; | ||
(C) has a parent who is on active duty in the | ||
military; | ||
(D) resides in a household with income not | ||
greater than 175 percent of the income guidelines necessary to | ||
qualify for the national free or reduced-price lunch program | ||
established under 42 U.S.C. Section 1751 et seq.; or | ||
(E) is eligible under Section 29.003, Education | ||
Code, to participate in a school district's special education | ||
program, or is covered by Section 504, Rehabilitation Act of 1973 | ||
(29 U.S.C. Section 794). | ||
(b) In addition to the students eligible under Subsection | ||
(a), a student is eligible to apply for assistance from the | ||
certified educational assistance organization under this chapter | ||
if the student: | ||
(1) meets the requirements of Subsection (a)(1); and | ||
(2) previously qualified under Subsections (a)(2) and | ||
(3). | ||
(c) A student may continue to receive assistance under this | ||
chapter until the earlier of the date the student graduates from | ||
high school or the student's 22nd birthday if the student: | ||
(1) meets the requirements of Subsection (a)(1); and | ||
(2) previously qualified under Subsections (a)(2) and | ||
(3)(E). | ||
(d) The certified educational assistance organization shall | ||
award scholarships and educational expense assistance to eligible | ||
students who apply in accordance with this chapter. | ||
(e) The certified educational assistance organization shall | ||
provide to each parent of a student with a disability who applies | ||
for a scholarship or educational expense assistance under this | ||
chapter a written copy of the notice described by Section | ||
230.0512(b). Before the organization may award a scholarship or | ||
educational expense assistance to the student, the student's parent | ||
must sign and return the notice to the organization. | ||
(f) A student who receives a scholarship under this chapter | ||
is included for the first year the student receives the scholarship | ||
in the weighted average daily attendance of the school district the | ||
student would otherwise attend for purposes of determining the | ||
district's equalized wealth level under Chapter 41, Education Code. | ||
Sec. 230.054. CREDIT FOR CONTRIBUTIONS. (a) An entity may | ||
apply for a credit under this chapter only for money contributed to | ||
the certified educational assistance organization and designated | ||
for scholarships or educational expense assistance for eligible | ||
students. | ||
(b) An entity may not apply for a credit under this chapter | ||
for a contribution made to the certified educational assistance | ||
organization if: | ||
(1) the entity requires that the contribution benefit | ||
a particular person or school; or | ||
(2) the contribution is designated to provide a | ||
scholarship or educational expense assistance for an entity | ||
employee or for a spouse or dependent of an entity employee. | ||
(c) An entity shall notify the certified educational | ||
assistance organization in writing when the entity makes a | ||
contribution if the entity may apply for a tax credit under this | ||
chapter for the contribution. An entity may not apply for a credit | ||
for the contribution unless the entity provides the notification at | ||
the time the contribution is made. The certified educational | ||
assistance organization shall indicate on the receipt provided | ||
under Section 230.051(b)(1)(F) that the entity made the | ||
notification under this subsection. | ||
Sec. 230.055. LIMIT ON AMOUNT OF SCHOLARSHIP OR EDUCATIONAL | ||
EXPENSE ASSISTANCE. (a) Except as provided by Subsection (b), the | ||
maximum scholarship amount the certified educational assistance | ||
organization may award to a student under this chapter using money | ||
contributed by an entity that notifies the organization under | ||
Section 230.054(c) that the entity may apply for a tax credit for | ||
the contribution may not exceed 75 percent of the state average | ||
maintenance and operations expenditures per student for the | ||
preceding state fiscal year. | ||
(b) A student who receives a payment to an education savings | ||
account under Section 29.358, Education Code, for a year is | ||
eligible to receive for the same year a scholarship from the | ||
certified educational assistance organization if the student is | ||
eligible for that assistance. The maximum scholarship amount the | ||
certified educational assistance organization may award to a | ||
student to whom this subsection applies using money contributed by | ||
an entity that notifies the organization under Section 230.054(c) | ||
that the entity may apply for a tax credit for the contribution may | ||
not exceed the sum of: | ||
(1) the difference between the amount of the payment | ||
under Section 29.358, Education Code, and the full tuition amount | ||
for the student's nonpublic school; and | ||
(2) a transportation allowance not to exceed $500. | ||
(c) The maximum educational expense assistance the | ||
certified educational assistance organization may award to a | ||
student under this chapter using money contributed by an entity | ||
that notifies the organization under Section 230.054(c) that the | ||
entity may apply for a tax credit for the contribution may not | ||
exceed $500 for the 2018 state fiscal year, increased by five | ||
percent each subsequent year. | ||
Sec. 230.056. REVOCATION. (a) The comptroller shall | ||
revoke the certification provided under Section 230.051 if the | ||
comptroller finds that the certified educational assistance | ||
organization: | ||
(1) is no longer eligible under Section 230.051; or | ||
(2) intentionally and substantially violates this | ||
chapter. | ||
(b) The comptroller has broad discretion in determining | ||
whether to revoke a certification under Subsection (a). | ||
(c) The comptroller shall notify the certified educational | ||
assistance organization in writing of the comptroller's decision to | ||
revoke the organization's certification. If the comptroller | ||
revokes the organization's certification, the comptroller shall | ||
include in the notice of revocation the reasons for the revocation. | ||
(d) If the comptroller revokes the certified educational | ||
assistance organization's certification under Subsection (a), the | ||
organization may request in writing a reconsideration of the | ||
revocation not later than the 10th day after the date of the notice | ||
under Subsection (c) or the revocation is final. | ||
(e) An organization that requests a reconsideration under | ||
Subsection (d) may submit to the comptroller not later than the 30th | ||
day after the date the request for reconsideration is submitted | ||
additional information and documents to support the organization's | ||
request for reconsideration. | ||
(f) The comptroller's reconsideration of a revocation under | ||
this section is not a contested case under Chapter 2001, Government | ||
Code. The comptroller's decision on a request for reconsideration | ||
of a revocation is final and is not appealable. | ||
(g) This section does not create a cause of action to | ||
contest a decision of the comptroller to revoke the certified | ||
educational assistance organization's certification under this | ||
chapter. | ||
(h) Revocation of a certification under this section does | ||
not affect the validity of a tax credit relating to a contribution | ||
made before the date of revocation. | ||
Sec. 230.057. REPORT OF NET SAVINGS TO PUBLIC EDUCATION. | ||
(a) In this section, "net savings" means any positive difference | ||
in a state fiscal year between: | ||
(1) the amount by which state spending on public | ||
education for that year is reduced as a result of students receiving | ||
scholarships and educational expense assistance from the certified | ||
educational assistance organization under this chapter; and | ||
(2) the amount by which state revenue derived from | ||
Chapters 221, 222, and 224 is reduced as a result of tax credits | ||
under this chapter. | ||
(b) Not later than December 31 of each even-numbered year, | ||
the comptroller shall determine the amount of net savings for the | ||
previous state fiscal biennium and make available to the public a | ||
report of that amount of savings. | ||
SUBCHAPTER C. CREDIT | ||
Sec. 230.101. CREDIT. An entity may apply for a credit | ||
against the entity's state premium tax liability in the amount and | ||
under the conditions and limitations provided by this chapter. The | ||
comptroller shall award credits as provided by Section 230.103. | ||
Sec. 230.102. AMOUNTS; LIMITATION ON TOTAL CREDITS. | ||
(a) Subject to Subsections (b) and (c), the amount of an entity's | ||
credit is equal to the lesser of the amount of the qualifying | ||
contributions made to the certified educational assistance | ||
organization or 50 percent of the entity's state premium tax | ||
liability. | ||
(b) The total amount of tax credits that may be awarded | ||
under this chapter for each state fiscal year may not exceed $25 | ||
million. | ||
(c) The comptroller by rule shall prescribe procedures by | ||
which the comptroller may allocate credits under this chapter. The | ||
procedures must provide that credits are allocated on a first-come, | ||
first-served basis, based on the date the contribution was | ||
initially made. | ||
(d) The comptroller may require an entity to notify the | ||
comptroller of the amount the entity intends or expects to apply for | ||
under this chapter before the beginning of a state fiscal year or at | ||
any other time required by the comptroller. | ||
Sec. 230.103. APPLICATION FOR CREDIT. (a) An entity must | ||
apply for a credit under this chapter on or with the tax return for | ||
the taxable year during which the qualifying contributions were | ||
made and submit with the application each receipt issued under | ||
Section 230.051(b)(1)(F) that includes the information required by | ||
Section 230.054(c). | ||
(b) The comptroller shall adopt a form for the application | ||
for the credit. An entity must use this form in applying for the | ||
credit. | ||
(c) The comptroller may award a credit to an entity that | ||
applies for the credit under Subsection (a) if the entity is | ||
eligible for the credit and the credit is available under Section | ||
230.102(b). The comptroller has broad discretion in determining | ||
whether to grant or deny an application for a credit. | ||
(d) The comptroller shall notify an entity in writing of the | ||
comptroller's decision to grant or deny the application under | ||
Subsection (a). If the comptroller denies an entity's application, | ||
the comptroller shall include in the notice of denial the reasons | ||
for the comptroller's decision. | ||
(e) If the comptroller denies an entity's application under | ||
Subsection (a), the entity may request in writing a reconsideration | ||
of the application not later than the 10th day after the date of the | ||
notice under Subsection (d). If the entity does not request a | ||
reconsideration of the application on or before that date, the | ||
comptroller's decision is final. | ||
(f) An entity that requests a reconsideration under | ||
Subsection (e) may submit to the comptroller not later than the 30th | ||
day after the date the request for reconsideration is submitted | ||
additional information and documents to support the entity's | ||
request for reconsideration. | ||
(g) The comptroller's reconsideration of an application | ||
under this section is not a contested case under Chapter 2001, | ||
Government Code. The comptroller's decision on a request for | ||
reconsideration of an application is final and is not appealable. | ||
(h) This section does not create a cause of action to | ||
contest a decision of the comptroller to deny an application for a | ||
credit under this chapter. | ||
Sec. 230.104. ASSIGNMENT PROHIBITED; EXCEPTION. An entity | ||
may not convey, assign, or transfer the credit allowed under this | ||
chapter to another entity unless all of the assets of the entity are | ||
conveyed, assigned, or transferred in the same transaction. | ||
Sec. 230.105. NOTICE OF AVAILABILITY OF CREDIT. The | ||
comptroller shall provide notice of the availability of the credit | ||
under this chapter on the comptroller's Internet website, in the | ||
instructions for insurance premium tax report forms, and in any | ||
notice sent to an entity concerning the requirement to file an | ||
insurance premium tax report. | ||
SECTION 2.02. An entity may apply for a credit under Chapter | ||
230, Insurance Code, as added by this article, only for an | ||
expenditure made on or after the effective date of this article. | ||
SECTION 2.03. Not later than February 15, 2018, the | ||
comptroller of public accounts shall adopt rules as provided by | ||
Section 230.002(a), Insurance Code, as added by this article. | ||
SECTION 2.04. The comptroller of public accounts shall make | ||
the initial determination of net savings and report regarding that | ||
savings as required by Section 230.057, Insurance Code, as added by | ||
this article, not later than December 31, 2020, based on the state | ||
fiscal biennium ending August 31, 2019. | ||
SECTION 2.05. This article applies only to a report | ||
originally due on or after the effective date of this article. | ||
SECTION 2.06. This article takes effect January 1, 2018. | ||
ARTICLE 3. JUDICIAL REVIEW | ||
SECTION 3.01. (a) The constitutionality and other | ||
validity under the state or federal constitution of all or any part | ||
of Subchapter J, Chapter 29, Education Code, as added by this Act, | ||
or Chapter 230, Insurance Code, as added by this Act, may be | ||
determined in an action for declaratory judgment in a district | ||
court in Travis County under Chapter 37, Civil Practice and | ||
Remedies Code, except that this section does not authorize an award | ||
of attorney's fees against this state and Section 37.009, Civil | ||
Practice and Remedies Code, does not apply to an action filed under | ||
this section. This section does not authorize a taxpayer suit to | ||
contest the denial of a tax credit by the comptroller of public | ||
accounts. | ||
(b) An appeal of a declaratory judgment or order, however | ||
characterized, of a district court, including an appeal of the | ||
judgment of an appellate court, holding or otherwise determining | ||
that all or any part of Subchapter J, Chapter 29, Education Code, as | ||
added by this Act, or Chapter 230, Insurance Code, as added by this | ||
Act, is constitutional or unconstitutional, or otherwise valid or | ||
invalid, under the state or federal constitution is an accelerated | ||
appeal. | ||
(c) If the judgment or order is interlocutory, an | ||
interlocutory appeal may be taken from the judgment or order and is | ||
an accelerated appeal. | ||
(d) A district court in Travis County may grant or deny a | ||
temporary or otherwise interlocutory injunction or a permanent | ||
injunction on the grounds of the constitutionality or | ||
unconstitutionality, or other validity or invalidity, under the | ||
state or federal constitution of all or any part of Subchapter J, | ||
Chapter 29, Education Code, as added by this Act, or Chapter 230, | ||
Insurance Code, as added by this Act. | ||
(e) There is a direct appeal to the Texas Supreme Court from | ||
an order, however characterized, of a trial court granting or | ||
denying a temporary or otherwise interlocutory injunction or a | ||
permanent injunction on the grounds of the constitutionality or | ||
unconstitutionality, or other validity or invalidity, under the | ||
state or federal constitution of all or any part of Subchapter J, | ||
Chapter 29, Education Code, as added by this Act, or Chapter 230, | ||
Insurance Code, as added by this Act. | ||
(f) The direct appeal is an accelerated appeal. | ||
(g) This section exercises the authority granted by Section | ||
3-b, Article V, Texas Constitution. | ||
(h) The filing of a direct appeal under this section will | ||
automatically stay any temporary or otherwise interlocutory | ||
injunction or permanent injunction granted in accordance with this | ||
section pending final determination by the Texas Supreme Court, | ||
unless the supreme court makes specific findings that the applicant | ||
seeking such injunctive relief has pleaded and proved that: | ||
(1) the applicant has a probable right to the relief it | ||
seeks on final hearing; and | ||
(2) the applicant will suffer a probable injury that | ||
is imminent and irreparable, and that the applicant has no other | ||
adequate legal remedy. | ||
(i) An appeal under this section, including an | ||
interlocutory, accelerated, or direct appeal, is governed, as | ||
applicable, by the Texas Rules of Appellate Procedure, including | ||
Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1), | ||
38.6(a) and (b), 40.1(b), and 49.4. | ||
ARTICLE 4. EFFECTIVE DATE | ||
SECTION 4.01. Except as otherwise provided by this Act: | ||
(1) this Act takes effect immediately if it receives a | ||
vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2017. |