By: Paxton S.B. No. 28
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an Education Savings Account
program.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act may be cited as the Parent Empowerment
Act.
       SECTION 2.  The purpose of this Act is to provide families
with additional educational options to assist in exercising their
right to direct the educational needs of their children and achieve
a general diffusion of knowledge.
       SECTION 3.  Chapter 26, Education Code, is amended by adding
Section 26.0025 to read as follows:
       Sec. 26.0025.  RIGHT TO SELECT PUBLIC OR PRIVATE EDUCATION.
(a) A parent or guardian is entitled to choose the educational
setting for the parent or guardian's child, whether public or
private.
       (b)  If a parent or guardian chooses a private educational
setting for the child, funding shall be directed to the child as
provided in the manner described by Subchapter J, Chapter 29.
       SECTION 4.  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 this subchapter.
             (2)  "Certified educational assistance organization"
means an educational assistance organization certified under
Section 29.355 to support administration of the program.
             (3)  "Cocurricular activity" means an activity that
directly adds value to classroom instruction and curriculum,
including academic field trips, performances, contests,
demonstrations, and displays. Cocurricular activities are
distinct from extracurricular activities, which include athletic
and nonacademic activities.
             (4)  "Education service provider" or "vendor of
educational products" means a person who supplies goods or services
listed under Section 29.360(a).
             (5)  "Higher education provider" includes entities
described by Sections 61.003(6) and (8) and accredited private
postsecondary institutions that are exempt from taxation under
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(3)).
             (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.  PURPOSE. The purpose of this subchapter is to
provide families with additional educational options to assist in
exercising their right to direct the educational needs of their
children.
       Sec. 29.353.  ESTABLISHMENT OF PROGRAM. The comptroller
shall establish an Education Savings Account program to provide
funding for approved education-related expenses of program
participants.
       Sec. 29.354.  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 29.370; and
             (4)  any other money available for purposes of the
program.
       (c)  Money in the fund may be appropriated to the comptroller
only for purposes of making payments to program participants and

Statutes affected:
Introduced: Government Code 411.109, Education Code 22.092 (Government Code 411, Education Code 22)