By: Harrison	H.B. No. 4807

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Statutes affected:
Introduced: Government Code 411.109 (Government Code 411)

	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
	Section 29.371;
	(5)  contributions to the fund for which an entity