88S40601 MM-F
	By: Jetton	H.B. No. 115

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

	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.  The purpose of this Act is to:
	(1)  provide additional educational options to assist
	families in this state in exercising the right to direct the
	educational needs of their children; and
	(2)  achieve a general diffusion of knowledge.
	SECTION 2.  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)  "Approved educational assistance organization"
	means an organization approved under Section 29.354 to support the
	administration of the program.
	(3)  "Approved education-related expense" means an
	expense approved under Section 29.359.
	(4)  "Child with a disability" means a child who is
	eligible to participate in a school district's special education
	program under Section 29.003.
	(5)  "Cocurricular activity" means an activity that
	directly adds value to classroom instruction and curriculum,
	including an academic field trip, performance, contest, or display.
	The term does not include an athletic or other nonacademic
	activity.
	(6)  "Higher education provider" means an institution
	of higher education or a private or independent institution of
	higher education, as those terms are defined by Section 61.003.
	(7)  "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.
	(8)  "Program" means the program established under this
	subchapter.
	(9)  "Program participant" means a child and a parent
	of a child enrolled in the program.
	Sec. 29.352.  ESTABLISHMENT OF PROGRAM. The comptroller
	shall establish a program to provide funding for approved
	education-related expenses of children participating in the
	program.
	Sec. 29.353.  PROGRAM FUND. (a) The 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 only for the uses
	specified by this subchapter.
	Sec. 29.354.  SELECTION OF APPROVED EDUCATIONAL ASSISTANCE
	ORGANIZATIONS. (a) An organization may apply to the comptroller
	for approval as an approved educational assistance organization
	during an application period established by the comptroller.
	(b)  To be eligible for approval, an organization must:
	(1)  have the ability to perform the duties and
	functions required of an approved educational assistance
	organization under this subchapter;
	(2)  be in good standing with the state; and
	(3)  be able to assist the comptroller in administering
	the program, including the ability to:
	(A)  accept, process, and track applications for
	the program;
	(B)  assist prospective applicants, applicants,
	and program participants with finding education service providers