By: Paxton S.B. No. 2483               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   administering the program under this subchapter.          Sec. 29.355.  SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE   ORGANIZATION. (a) An organization may apply to the comptroller for   certification as a certified educational assistance organization   during an application period established by the comptroller. The   comptroller may certify one or more educational assistance   organizations to assist in administering the program.          (b)  To be eligible for certification, the applicant for   certification as a certified educational assistance organization   must:                (1)  be able to perform the duties and functions   required of a certified 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 having the ability to:                      (A)  accept, process, and track applications for   the program;                      (B)  help prospective applicants, applicants, and   program participants find preapproved education service providers   and vendors of educational products; and                      (C)  verify that program funding is used only for   approved education-related expenses.          (c)  A certified educational assistance organization shall   assist the comptroller in administering the program, including by:                (1)  administering the application process in Section   29.357;                (2)  helping prospective applicants, applicants, and   program participants understand eligible expenses and find   preapproved education service providers and vendors of educational   products;                (3)  expending the funds in a program participant's   account only for purposes approved under Section 29.360; and                (4)  publishing data and an annual report regarding:                      (A)  the number of applications received,   accepted, and wait-listed, disaggregated by applicant age;                      (B)  program participant satisfaction;                      (C)  assessment results reported under Section   29.358(2); and                      (D)  the number and percentage of program   participants who, within one year after graduating from high   school, are:                            (i)  college ready, as indicated by earning   a minimum of 12 non-remedial credit hours or an associate degree   from a postsecondary educational institution;                            (ii)  career ready, as indicated by earning   a credential listed in the credential library established by the   Texas Workforce Commission and the Texas Higher Education   Coordinating Board under Section 2308A.007, Government Code, or   employment at or above the median wage in the graduate's region; or                            (iii)  military ready, as indicated by   achieving a passing score set by the applicable military branch on   the Armed Services Vocational Aptitude Battery and enlisting in the   armed forces of the United States or the Texas National Guard.          Sec. 29.356.  ELIGIBLE CHILD. (a) A child is eligible to   participate in the program if the child is eligible to attend a   public school under Section 25.001 or 29.153(b).          (b)  A child who establishes eligibility under this section   may participate in the program until the earliest date on which the   child:                (1)  graduates from high school;                (2)  is no longer eligible to attend a public school   under Section 25.001 or 29.153(b);                (3)  is entitled to the benefits of the Foundation   School Program through enrollment in a public school; or                (4)  is declared ineligible for the program by the   comptroller under this subchapter.          Sec. 29.357.  APPLICATION TO PROGRAM. (a) For the admission   of applicants to the program, a certified educational assistance   organization shall:                (1)  require an applicant to complete and submit an   application form not later than a reasonable biennial deadline   established by the certified educational assistance organization;   and                (2)  on receipt of more acceptable applications for   admission under this section than available positions in the   program due to funding, prioritize students who are eligible for   the free or reduced-price lunch program established under 42 U.S.C.   Section 1751 et seq.          (b)  A certified educational assistance organization shall   create an application form for the program and make the application   form readily available to interested parents through various   sources, including the organization's Internet website. The   application form must state the application deadline. The   organization shall ensure that the application form is capable of   being submitted to the organization electronically.          (c)  A certified educational assistance organization shall   post on the organization's Internet website an applicant and   program participant handbook that describes the program,   including:                (1)  expenses allowed;                (2)  preapproved education service providers and   vendors of educational products;                (3)  expense reporting requirements; and                (4)  program participant responsibilities.          (d)  A certified educational assistance organization shall   annually provide to each program participant the information   required under Subsection (c). The information may be provided   electronically.          (e)  A program participant in good standing may not be   required to resubmit an application for continued participation in   the program each year.          (f)  A program participant may appeal any administrative   decision made by the comptroller or a certified educational   assistance organization pursuant to this subchapter, including   enrollment eligibility, determinations of allowable expenses, or   removal of the participant from the program.          Sec. 29.358.  PARTICIPATION IN PROGRAM. To receive program   funding, a parent of an eligible child must agree to:                (1)  spend program funds only for expenses allowed   under Section 29.360;                (2)  share with the certified educational assistance   organization the results of assessments required under Section   29.359(b)(1)(B);                (3)  not sell items purchased under Section   29.360(a)(2) until 12 months after the purchase; and                (4)  notify the certified educational assistance   organization not later than 30 days after the date on which the   child:                      (A)  enrolls in a public school, including an   open-enrollment charter school;                      (B)  graduates from high school; or                      (C)  is no longer eligible to enroll in a public   school under Section 25.001 or 29.153(b).          Sec. 29.359.  PREAPPROVED PROVIDERS. (a) The comptroller   shall by rule establish a process for the preapproval of education   service providers and vendors of educational products for   participation in the program. The comptroller shall require   applicants to complete and submit an application form not later   than a reasonable quarterly deadline.          (b)  The comptroller shall preapprove an education service   provider or vendor of educational products for participation in the   program if:                (1)  for a school, the school demonstrates:                      (A)  accreditation by:                            (i)  the agency;                            (ii)  an organization recognized by the   agency; or                            (iii)  an organization recognized by the   Texas Private School Accreditation Commission; and                      (B)  annual administration of a nationally   norm-referenced assessment instrument or the appropriate   assessment instruments required under Subchapter B, Chapter 39;                (2)  for a private tutor, therapist, or teaching   service, the applicant demonstrates that:                      (A)  the tutor or therapist or each employee who   will provide services to a program participant:                            (i)  is certified under Subchapter B,   Chapter 21;                            (ii)  holds a relevant license or   accreditation issued by a state, regional, or national   certification or accreditation organization; or                            (iii)  is employed in a teaching or tutoring   capacity by a higher education provider;                      (B)  the tutor or therapist or each employee who   will provide services to a program participant either:                            (i)  completes a national criminal history   record information review; or                            (ii)  provides to the comptroller   documentation indicating that the tutor, therapist, or employee, as   applicable, has completed a national criminal history record   information review within a period established by comptroller rule;   and                      (C)  the tutor or therapist or each employee who   will provide services to a program participant is not listed on the   registry maintained under Section 22.092; or                (3)  for a higher education provider, the provider   demonstrates postsecondary accreditation.          (c)  For each private tutor, therapist, or teaching service   who submits an application, the comptroller shall:                (1)  review the national criminal history record   information or documentation; and                (2)  verify that the applicant is not listed on the   registry maintained under Section 22.092.          (d)  If requested by the comptroller, applicants may provide   information to enable verification of eligibility for preapproval.   Applicants whose eligibility cannot be verified under Subsection   (b) may not be preapproved for participation in the program.          (e)  Subject to Sections 29.362(e) and 29.364, at a program   participant's direction, the comptroller shall disburse to   preapproved providers payments directly from the participant's   account. Disbursements may not exceed the participant's account   balance.          (f)  The comptroller shall by rule establish a process by   which:                (1)  program participants may be efficiently   reimbursed for eligible expenses under Section 29.360(a)(2), (4),   (5), (6), or (7) incurred from education service providers and   vendors of educational products that are not preapproved under   Subsection (a); and                (2)  frequently utilized education service providers   and vendors of educational products under Subsection (f)(1) that   are in good standing for three continuous school years may receive   payment directly from Education Savings Accounts.          Sec. 29.360.  APPROVED EDUCATION-RELATED EXPENSES. (a)   Accounts may be used only for the following expenses incurred by a   program participant:                (1)  tuition and fees at a preapproved school or higher   education provider;                (2)  textbooks, other instructional materials, or   uniforms required by a program participant's school, institution,   course, or program;                (3)  fees for services provided by a private tutor or   teaching service;                (4)  academic assessments;                (5)  fees for educational therapies or services for   which the program participant may not be reimbursed or is partially   reimbursed by private insurance or federal, state, or local   government benefits at the time of receiving the therapies or   services;                (6)  fees for transportation paid to a fee-for-service   transportation provider for the student to travel to and from an   education service provider or vendor of educational products; and                (7)  cocurricular activities.          (b)  Money received under the program may not be used to pay   any person who is a member of the program participant's household.          (c)  A finding that a program participant used money   distributed under the program to pay for an expense not allowed   under Subsection (a) does not affect the validity of any payment   made by the participant for an expense that is allowed under that   subsection.          Sec. 29.361.  AMOUNT OF PAYMENT; FINANCING. (a) From funds   available under Section 29.354, the comptroller shall:                (1)  deposit into each program participant's account an   amount that is equal to the statewide average state and local public   school maintenance and operations revenue per student in average   daily attendance for the prior school year; and                (2)  reserve equal portions of funds for students who   might apply by each biennial deadline established under Section   29.357(a).          (b)  Any money remaining in a child's account at the end of a   fiscal year is carried forward to the next fiscal year unless   another provision of this subchapter mandates the closure of the   account.          (c)  The ability of program participants to purchase   educational programs, services, or products with their own account   funds may not be infringed.          (d)  The Education Savings Account program fund may not   receive federal revenue or revenue from the available school fund.          (e)  Not later than November 1 of each even-numbered year,   the comptroller shall submit to the legislature a summary of   program participant enrollment, an estimate of the savings accruing   to the state as a result of the program, and an estimate of the total   amount of funding required for the program for the following state   fiscal biennium.          (f)  Account funds received by program participants do not   constitute taxable income to the parent of the participating   student.          Sec. 29.362.  ADMINISTRATION OF ACCOUNTS. (a) The   comptroller shall make quarterly payments to each program   participant's account in equal amounts on or before the first day of   July, October, January, and April.          (b)  Each year, the comptroller may deduct an amount from the   total amount of money allocated to the Education Savings Account   program fund to cover the cost of administering the program. The   amount deducted may not exceed three percent of annual program   funds.          (c)  Each quarter, the comptroller shall disburse to a   certified educational assistance organization an amount from the   total amount of money allocated to the Education Savings Account   program fund to cover the organization's cost of administering the   program. The amount disbursed each year may not exceed five percent   of annual program funds.          (d)  Before payments are made under Subsection (a) in October   and April, the certified educational assistance organization   shall:                (1)  verify with the agency that a program participant   is not entitled to the benefits of the Foundation School Program   through enrollment in a public school; and                (2)  notify the comptroller if the organization   determines that a program participant is enrolled in a public   school, including an open-enrollment charter school, and entitled   to the benefits of the Foundation School Program.          (e)  On the date on which a program participant is no longer   eligible to participate in the program under Section 29.356, the   comptroller shall close the program participant's account and   return any remaining revenue to the Education Savings Account   program fund.          Sec. 29.363.  RANDOM AUDITING. (a) The comptroller may   contract with a private entity to randomly audit accounts and a   certified educational assistance organization as necessary to   ensure compliance with applicable law and program requirements.          (b)  In conducting an audit, the comptroller or private   entity may require that a program participant or a certified   educational assistance organization provide additional information   and documentation regarding any payment made with program funds.          (c)  The private entity shall report to the comptroller any   violation of this subchapter or other relevant law found by the   entity during an audit conducted under this section. The   comptroller shall report the violation to the:                (1)  certified educational assistance organization;                (2)  education service provider or vendor of   educational products, as applicable; and                (3)  parents of affected program participants.          Sec. 29.364.  SUSPENSION OF ACCOUNT. (a) The comptroller   shall suspend the account of a program participant who fails to   remain in good standing by complying with applicable law or program   requirements.          (b)  On suspension of an account under Subsection (a), the   comptroller shall notify the program participant in writing that   the account has been suspended and that no additional payments may   be made from the account. The notification must specify the grounds   for the suspension and state that the participant has 30 business   days to respond and take any corrective action required by the   comptroller.          (c)  On the expiration of the 30th business day under   Subsection (b), the comptroller shall:                (1)  order closure of the suspended account;                (2)  order temporary reinstatement of the account,   conditioned on the performance of a specified action by the program   participant; or                (3)  order full reinstatement of the account.          (d)  If the program participant's account is suspended or   closed under this section, the comptroller may recover from the   participant or other entity money distributed to the account that   was used for expenses not allowed under Section 29.360.          Sec. 29.365.  TUITION AND FEES; REFUND PROHIBITED. (a)  An   education service provider or vendor of educational products may   not charge a program participant an amount greater than the amount   charged for that product or service by the provider or vendor to an   individual who is not a program participant.          (b)  An education service provider or a vendor of educational   products receiving money distributed under the program may not in   any manner rebate, refund, credit to, or share with a program   participant, or any person on behalf of a participant, any program   funds paid or owed by the participant to the provider or vendor.          Sec. 29.366.  REFERRAL TO DISTRICT ATTORNEY. If the   comptroller or a certified educational assistance organization   obtains evidence of fraudulent use of an account, the comptroller   or organization shall notify the district attorney with   jurisdiction over the residence of the program participant.          Sec. 29.367.  SPECIAL EDUCATION NOTICE. (a) A certified   educational assistance organization shall post on the   organization's Internet website and provide to each parent who   submits an application for the program a notice that:                (1)  a private school is not subject in the same manner   as a public school to federal and state laws regarding the provision   of educational services to a child with a disability; and                (2)  provides information regarding rights to which a   child with a disability is entitled under federal and state law if   the child attends a public school, including:                      (A)  rights provided under the Individuals with   Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and                      (B)  rights provided under Subchapter A.          (b)  A private school in which a program participant with a   disability enrolls shall provide to the child's parent a copy of the   notice required under Subsection (a).          Sec. 29.368.  PROGRAM PARTICIPANT, PROVIDER, AND VENDOR   AUTONOMY. (a) Receiving funds from the program does not make an   education service provider or vendor of educational products a   recipient of federal financial assistance.          (b)  A rule or other action by any person, governmental body,   court of law, or administrator of the program shall not, in any   matter related to the program:                (1)  limit the independence or autonomy of an education   service provider;                (2)  deem the actions of an education service provider   to be the actions of the state government or make the education   service provider a state actor;                (3)  impose any additional regulation on education   service providers beyond those necessary to enforce the   requirements of the program;                (4)  require an education service provider to modify   its creed, practices, admissions policies, curriculum, performance   standards, employment policies, or assessments to accept   recipients of funds from the program;                (5)  take any action that limits an education service   provider in determining how to educate its students or in   exercising its religious or institutional values; or                (6)  take any action that imposes an obligation on the   education service provider to act contrary to its religious or   institutional values.          (c)  With regard to a program participant who is not enrolled   in an accredited school, a rule or other action by any person,   governmental body, court of law, or administrator of the program   may not, in any matter related to the program:                (1)  limit the independence or autonomy of the program   participant;                (2)  deem the actions of the program participant to be   the actions of the state government or make the program participant   a state actor;                (3)  impose any additional regulation on the program   participant beyond what is necessary to enforce the requirements of   the program;                (4)  require the program participant to modify their   creed, practices, admissions policies, curriculum, performance   standards, employment policies, or assessments to accept   recipients of funds from the program;                (5)  take any action that limits the program   participant in determining their educational content or in   exercising religious values; or                (6)  take any action that imposes an obligation on the   program participant to act contrary to their religious values.          (d)  In any proceeding challenging a rule adopted under the   authority of or related to this subchapter, the state agency,   officer, or other person adopting the rule has the burden of proof   to establish by clear and convincing evidence that the rule:                (1)  is necessary to implement the program;                (2)  does not violate this section;                (3)  does not impose an undue burden on a program   participant or an education service provider or vendor of   educational products that participates or applies to participate in   the program; and                (4)  is the least restrictive means of accomplishing   the intended purposes, while at the same time recognizing the   independence of education service providers or vendors of   educational products to meet the educational needs of their   students in accordance with their religious or institutional   values.          Sec. 29.369.  STUDENT RECORDS AND INFORMATION. (a) On   request by the parent of a child participating or seeking to   participate in the program, the school district or open-enrollment   charter school that the child would otherwise attend shall provide   a copy of the child's school records possessed by the district or   school, if any, to the child's parent or, if applicable, the private   school the child attends or is seeking to attend.          (b)  As necessary to verify eligibility for the program, the   agency shall provide to a certified educational assistance   organization any information available to the agency requested by   the organization regarding a program participant or applicant. The   certified educational assistance organization may not retain   information provided under this subsection beyond the period   necessary to determine a child's eligibility to participate in the   program.          Sec. 29.370.  GIFTS, GRANTS, AND DONATIONS. The comptroller   and a certified educational assistance organization may solicit and   accept gifts, grants, and donations from any public or private   source for any expenses related to the program, including   establishing the program.          Sec. 29.371.  RULES; PROCEDURES. (a) The comptroller shall   adopt rules and procedures as necessary to implement, administer,   and enforce this subchapter. The comptroller may adopt the initial   rules in the manner provided by law for emergency rules.          (b)  A rule adopted under Subsection (a) is binding on an   organization that applies for certification as an educational   assistance organization and a state or local governmental entity,   including a political subdivision.          Sec. 29.372.  RULES; PROCEDURES. The comptroller shall   adopt rules and procedures as necessary to implement, administer,   and enforce this subchapter. The comptroller may adopt the initial   rules in the manner provided by law for emergency rules.          Sec. 29.373.  PARENTAL AND STUDENT RIGHT TO INTERVENE IN   CIVIL ACTION. (a) A child, a parent, and education service   providers or vendors of educational products who are eligible to   participate in the program may intervene in any civil action   challenging the constitutionality of the program.          (b)  A court in which a civil action described by Subsection   (a) is filed may require that all children and parents of children   who are eligible to participate in the program wishing to intervene   in the action file a joint brief. Children and parents of children   who are eligible to participate in the program may not be required   to join a brief filed on behalf of the state or a state agency.          Sec. 29.374.  VENUE, STANDING, AND PROCEDURE IN LEGAL   PROCEEDINGS CONCERNING THE PROGRAM. (a)  Any question regarding   the constitutionality or other validity under the state or federal   constitution of all or any part of this subchapter may be determined   in any state district court in which the violation is alleged to   have occurred or where the claimant resides or has its principal   place of business.          (b)  An organization or parent of an eligible child who is   adversely affected or aggrieved by a determination or order made by   the comptroller or a certified educational assistance organization   under this subchapter may obtain a review of such determination or   order in any state district court in which the child resides or   where the organization has its principal place of business.          (c)  An order or judgment, however characterized, of a trial   court granting or denying a temporary or otherwise interlocutory   injunction or a permanent injunction on the grounds of the   constitutionality or unconstitutionality, or other validity or   invalidity, under the state or federal constitution of all or any   part of this subchapter may be reviewed only by direct appeal to the   Supreme Court of Texas filed not later than the 15th day after entry   of the order or judgment. All appeals shall be heard and determined   by the district court and the Supreme Court of Texas as   expeditiously as possible with lawful precedence over other   matters. Such a direct appeal is an accelerated appeal.          (d)  The filing of a direct appeal under this section will   automatically stay any temporary or otherwise interlocutory   injunction or permanent injunction pending final determination by   the Supreme Court of Texas, unless the supreme court makes specific   findings that the applicant seeking such injunctive relief has   pleaded and proved that:                (1)  the applicant has a probable right to the relief it   seeks on final hearing;                (2)  the applicant will suffer a probable injury that   is imminent and irreparable, and that the applicant has no other   legal remedy; and                (3)  maintaining the injunction is in the public   interest.          (e)  An appeal under this section, including an   interlocutory, accelerated, or direct appeal, is governed, as   applicable, by the Texas Rules of Appellate Procedure, including   Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),   40.1(b), and 49.4.          (f)  This section does not authorize an award of attorney's   fees against this state, and Section 37.009, Civil Practice and   Remedies Code, does not apply to an action filed under this section.          SECTION 5.  Section 411.109, Government Code, is amended by   adding Subsection (c) to read as follows:          (c)  The comptroller is entitled to obtain criminal history   record information maintained by the department about a person who   is a private tutor, a therapist, or an employee of a teaching   service or school who intends to provide educational services to a   child participating in the program established under Subchapter J,   Chapter 29, Education Code.          SECTION 6.  Section 22.092(d), Education Code, is amended to   read as follows:          (d)  The agency shall provide equivalent access to the   registry maintained under this section to:                (1)  private schools;                (2)  public schools; [and]                (3)  nonprofit teacher organizations approved by the   commissioner for the purpose of participating in the tutoring   program established under Section 33.913; and                (4)  the comptroller, for the purpose of preapproving   education service providers and vendors of educational products as   required under Section 29.359.          SECTION 7.  Not later than November 15, 2023, the   comptroller of public accounts shall adopt rules as provided by   Section 29.372, Education Code, as added by this Act.          SECTION 8.  The comptroller of public accounts is required   to implement a provision of this Act only if the legislature   appropriates money specifically for that purpose or funds are   provided through gifts, grants, or donations. If the legislature   does not appropriate money specifically for that purpose and funds   are not provided through gifts, grants, or donations, the   comptroller may, but is not required to, implement this Act using   other appropriations available for that purpose.          SECTION 9.  (a)  Any question regarding the   constitutionality or other validity under the state or federal   constitution of all or any part of Subchapter J, Chapter 29,   Education Code, as added by this Act, may be determined in any state   district court in which the violation is alleged to have occurred or   where the claimant resides or has its principal place of business.          (b)  An organization or parent of an eligible child who is   adversely affected or aggrieved by a determination or order made by   the comptroller or a certified educational assistance organization   under Subchapter J, Chapter 29, Education Code, as added by this Act   may obtain a review of such order in any state district court in   which the child resides or where the organization has its principal   place of business.          (c)  An order, however characterized, of a trial court   granting or denying a temporary or otherwise interlocutory   injunction or a permanent injunction on the grounds of the   constitutionality or unconstitutionality, or other validity or   invalidity, under the state or federal constitution of all or any   part of Subchapter J, Chapter 29, Education Code, as added by this   Act, may be reviewed only by direct appeal to the Supreme Court of   Texas filed within 15 days after entry of judgment. All appeals   shall be heard and determined by the district court and the Supreme   Court of Texas as expeditiously as possible with lawful precedence   over other matters.          (d)  The direct appeal is an accelerated appeal.          (e)  This section exercises the authority granted by Section   3-b, Article V, of the Texas Constitution.          (f)  The filing of a direct appeal under this section will   automatically stay any temporary or otherwise interlocutory   injunction or permanent injunction granted in accordance with this   section pending final determination by the Texas Supreme Court,   unless the supreme court makes specific findings that the applicant   seeking such injunctive relief has pleaded and proved that:                (1)  the applicant has a probable right to the relief it   seeks on final hearing;                (2)  the applicant will suffer a probable injury that   is imminent and irreparable, and that the applicant has no other   legal remedy; and                (3)  maintaining the injunction is in the public   interest.          (g)  An appeal under this section, including an   interlocutory, accelerated, or direct appeal, is governed, as   applicable, by the Texas Rules of Appellate Procedure, including   Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),   40.1(b), and 49.4.          (h)  This section does not authorize an award of attorneys'   fees against this state and Section 37.009, Civil Practice and   Remedies Code, does not apply to an action filed under this section.          SECTION 10.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   each person or entity, are severable from each other. If any   application of any provision in this Act to any person, group of   persons, or circumstances is found by a court to be invalid for any   reason, the remaining applications of that provision to all other   persons and circumstances shall be severed and may not be affected.          SECTION 11.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2023.