Bill Summary – FastDemocracy

      
		By: Troxclair
            H.B. No. 133
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            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 [A] person who, 
         
            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:
         
Statutes affected: 
Introduced: Education Code 25.001, Subchapter A, Chapter , Education Code 29.153, Health and Safety Code 285.201 (Education Code 25, Subchapter A, Chapter , Education Code 29, Health and Safety Code 285)



	A BILL TO BE ENTITLED
	AN ACT
	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 [A] person who,
	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:
	Statutes affected: Introduced: Education Code 25.001, Subchapter A, Chapter , Education Code 29.153, Health and Safety Code 285.201 (Education Code 25, Subchapter A, Chapter , Education Code 29, Health and Safety Code 285)