| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the establishment of the Texas Parental Empowerment |
|
|
Program and an insurance premium tax credit for contributions made |
|
|
for purposes of that program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. SHORT TITLE. This Act may be cited as the Texas |
|
|
Parental Empowerment Act of 2023. |
|
|
SECTION 2. FINDINGS. The legislature finds that: |
|
|
(a) parents should be empowered to direct the education of |
|
|
their child; |
|
|
(b) there is not one best educational option for all Texas |
|
|
school children; |
|
|
(c) children belong to their parents, not the government; |
|
|
(d) the best education for Texas school children is one |
|
|
directed by their parents, with all educational options made |
|
|
available and accessible, wherein money follows the child to the |
|
|
educational option that best meets their unique educational needs; |
|
|
(e) in Espinoza v. Montana Department of Revenue(2020) and |
|
|
in Carson v. Makin (2022), the United States Supreme Court found |
|
|
that state prohibitions on the use of generally available state |
|
|
tuition assistance programs for religious schools violates the Free |
|
|
Exercise Clause of the First Amendment of the United States |
|
|
Constitution; and |
|
|
(f) this Act is intended to further provide for the general |
|
|
diffusion of knowledge and to empower parents of students in this |
|
|
state to direct the education of their children. |
|
|
SECTION 3. Chapter 29, Education Code, is amended by adding |
|
|
Subchapter J to read as follows: |
|
|
SUBCHAPTER J. TEXAS PARENTAL EMPOWERMENT PROGRAM |
|
|
Sec. 29.351. DEFINITIONS. In this subchapter: |
|
|
(1) "Account" means a parental empowerment account |
|
|
established under the program. |
|
|
(2) "Certified educational assistance organization" |
|
|
means an educational assistance organization certified under |
|
|
Section 29.355 to administer the program. |
|
|
(3) "Child with a disability" means a child who is |
|
|
eligible to participate in a school district's special education |
|
|
program under Section 29.003. |
|
|
(4) "Institution of higher education" and "private or |
|
|
independent institution of higher education" have the meanings |
|
|
assigned by Section 61.003. |
|
|
(5) "Non-enrolled student" means a student who |
|
|
receives instruction as described by Section 29.916(a)(1) from a |
|
|
nonpublic school. |
|
|
(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 Texas Parental Empowerment |
|
|
Program established under this subchapter. |
|
|
(8) "Program participant" means a child and a parent |
|
|
of a child enrolled in the program. |
|
|
Sec. 29.352. PURPOSE. The purpose of the Texas Parental |
|
|
Empowerment Program is to provide students with additional |
|
|
educational options in order to achieve a general diffusion of |
|
|
knowledge and to empower parents of students in this state to direct |
|
|
the education of their children. |
|
|
Sec. 29.353. ESTABLISHMENT OF PROGRAM. The comptroller |
|
|
shall establish the Texas Parental Empowerment Program to provide |
|
|
funding for approved education-related expenses of eligible |
|
|
children admitted into the program. |
|
|
Sec. 29.354. TEXAS PARENTAL EMPOWERMENT PROGRAM FUND. (a) |
|
|
The Texas Parental Empowerment Program fund is an account in the |
|
|
general revenue fund to be administered by the comptroller. |
|
|
(b) The fund is composed of: |
|
|
(1) money transferred to the fund under Section |
|
|
29.361A(a); |
|
|
(2) general revenue transferred to the fund; |
|
|
(3) money appropriated to the fund; |
|
|
(4) gifts, grants, and donations received under |
|
|
| Statutes affected:
Introduced: Government Code 411.109 (Government Code 411)