By: Middleton H.B. No. 150       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the Family Educational Relief   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.  Chapter 29, Education Code, is amended by adding   Subchapter J to read as follows:   SUBCHAPTER J. FAMILY EDUCATIONAL RELIEF PROGRAM          Sec. 29.351.  DEFINITIONS. In this subchapter:                (1)  "Account" means a family educational relief   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)  "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.                (6)  "Program" means the Family Educational Relief   Program established under this subchapter.                (7)  "Program participant" means a child and a parent   of a child enrolled in the program.          Sec. 29.352.  PURPOSE. The purpose of the Family   Educational Relief Program is to provide children from low-income   households with additional educational options in order to achieve   a general diffusion of knowledge.          Sec. 29.353.  ESTABLISHMENT OF PROGRAM. The comptroller   shall establish the Family Educational Relief Program to provide   funding for approved education-related expenses of eligible   children admitted into the program.          Sec. 29.354.  FAMILY EDUCATIONAL RELIEF PROGRAM FUND. (a)   The Family Educational Relief 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;                (4)  contributions to the fund for which an entity   receives a credit against the entity's state premium tax liability   under Chapter 230, Insurance Code; and                (5)  any other money available for purposes of the   program.          (c)  Money in the fund may be appropriated only to the   comptroller for purposes of making payments to program participants   and administering the program under this subchapter.          Sec. 29.355.  SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE   ORGANIZATIONS. (a) An organization may apply to the comptroller   for certification as a certified educational assistance   organization during an application period established by the   comptroller.          (b)  To be eligible for certification, the organization   must:                (1)  have the ability to perform the duties and   functions required of a certified educational assistance   organization under this subchapter as provided by the   organization's charter;                (2)  be exempt from federal tax under Section 501(a) of   the Internal Revenue Code of 1986 by being listed as an exempt   organization in Section 501(c)(3) of that code;                (3)  be in good standing with the state; and                (4)  be able to administer the program, including the   ability to:                      (A)  accept, process, and track applications for   the program; and                      (B)  verify that program funding is used only for   approved education-related expenses.          (c)  The comptroller shall certify at least one but no more   than three educational assistance organizations to assist in   administering the program, including by verifying:                (1)  a child's eligibility for the program; and                (2)  the use of funds in a program participant's account   only for purposes approved under Section 29.360.          Sec. 29.356.  ELIGIBLE CHILD. (a) A child is eligible to   participate in the program if the child is:                (1)  eligible to attend a public school under Section   25.001; and                (2)  a member of a household with a total annual income   that is at or below the income guidelines necessary to qualify for   the national free or reduced-price lunch program established under   42 U.S.C. Section 1751 et seq.          (b)  A sibling of a child who is eligible to participate in   the program under Subsection (a) is eligible to participate in the   program if the sibling is eligible to attend a public school under   Section 25.001.          (c)  A child who establishes eligibility under this section   may participate in the program until the earliest of the following   dates:                (1)  the date on which the child graduates from high   school;                (2)  the date on which the child is no longer eligible   to attend a public school under Section 25.001;                (3)  the date on which the child enrolls in a public   school, including an open-enrollment charter school; or                (4)  the date on which the child is declared ineligible   for the program by the comptroller under this subchapter.          Sec. 29.357.  APPLICATION TO PROGRAM. (a) A parent of an   eligible child may apply to a certified educational assistance   organization to enroll the child in the program for the following   school year. The parent must provide any information requested by   the organization for purposes of verifying the child's eligibility   for the program.          (b)  Each 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 organization shall ensure that the application form is capable   of being submitted to the organization electronically.          (c)  Each certified educational assistance organization   shall post on the organization's Internet website and provide to   each parent who submits an application form to the organization a   publication that describes the operation of the program, including:                (1)  expenses allowed under the program under Section   29.360;                (2)  the organization's expense reporting   requirements; and                (3)  a description of the responsibilities of program   participants and the duties of the organization under this   subchapter.          (d)  Subject to the availability of funding, a certified   educational assistance organization shall admit into the program   each child for whom the organization received an application under   this section if the organization verifies that the child is   eligible to participate in the program. If available funding is   insufficient to admit each eligible child into the program, the   organization shall prioritize admitting children in the following   order:                (1)  children who participated in the program in the   preceding school year;                (2)  siblings of children who participated in the   program in the preceding school year; and                (3)  children who demonstrate the greatest financial   need.          Sec. 29.358.  PARTICIPATION IN PROGRAM. (a) To receive   funding under the program, a parent of an eligible child must agree   to:                (1)  spend money received through the program only for   expenses allowed under Section 29.360; and                (2)  notify the parent's 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.          (b)  The parent of a child participating in the program is   the trustee of the child's account.          (c)  Each certified educational assistance organization   shall provide annually to each program participant for whom the   organization is responsible the publication provided under Section   29.357(c). The publication may be provided electronically.          Sec. 29.359.  APPROVED 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 post on the   comptroller's Internet website and provide to each certified   educational assistance organization the list of preapproved   providers and vendors.          (b)  The comptroller shall approve an education service   provider or vendor of educational products for participation in the   program if the provider or vendor:                (1)  for a private school, executes a notarized   affidavit, with supporting documents, concerning the school's   qualification to serve program participants, including evidence   of:                      (A)  accreditation by an organization recognized   by the Texas Private School Accreditation Commission;                      (B)  annual administration of a nationally   norm-referenced assessment instrument or the appropriate   assessment instrument required under Section 39.023;                      (C)  valid certificate of occupancy;                      (D)  policy statements regarding:                            (i)  admissions;                            (ii)  curriculum;                            (iii)  safety;                            (iv)  food service inspection;                            (v)  student to teacher ratios; and                            (vi)  assessments; and                      (E)  the school's agreement that program   participants are eligible to apply for scholarships offered by the   school to the same extent as other children;                (2)  for a private tutor, therapist, or teaching   service:                      (A)  executes a notarized affidavit, with   supporting documents, concerning the tutor's, therapist's, or   service's qualification to serve program participants, including   evidence that the tutor or therapist or each employee of the service   who intends to 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 licensing or   accreditation organization; or                            (iii)  is employed in a teaching or tutoring   capacity at an institution of higher education or private or   independent institution of higher education; and                      (B)  the tutor or therapist or each employee of   the teaching service who intends to provide educational 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;                (3)  for an online educational course or program   provider, executes a notarized affidavit, with supporting   documents, concerning the provider's qualification to serve   program participants, including evidence of accreditation by an   organization recognized by the Texas Private School Accreditation   Commission; or                (4)  for any provider or vendor not described by   Subdivision (1), (2), or (3), presents any necessary supporting   documents concerning the provider's or vendor's qualification to   serve program participants.          (c)  The comptroller shall review the national criminal   history record information or documentation for each private tutor,   therapist, or teaching service who submits an application. The   tutor, therapist, or service must provide the comptroller with any   information requested by the comptroller to enable the comptroller   to complete the review.          (d)  Each certified educational assistance organization   shall post on the organization's Internet website the list of   preapproved education service providers and vendors of educational   products provided under Subsection (a).          Sec. 29.360.  APPROVED EDUCATION-RELATED EXPENSES. (a)   Subject to Subsection (b), money received under the program may be   used only for the following expenses incurred by a program   participant at a preapproved education service provider or vendor:                (1)  tuition and fees:                      (A)  at a private school;                      (B)  at an institution of higher education or a   private or independent institution of higher education; or                      (C)  for an online educational course or program;                (2)  the purchase of textbooks or other instructional   materials or uniforms required by a school, institution, course, or   program described by Subdivision (1) in which the child is   enrolled;                (3)  fees for services provided by a private tutor or   teaching service; and                (4)  fees for educational therapies or services   provided by a practitioner or provider, only for fees that are not   covered by any federal, state, or local government benefits such as   Medicaid or the Children's Health Insurance Program (CHIP) or by   any private insurance that the child is enrolled in at the time of   receiving the therapies or services.          (b)  Money received under the program may not be used to pay   any person who is:                (1)  related to the program participant within the   third degree of consanguinity or affinity, as determined under   Chapter 573, Government Code; or                (2)  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) A parent of   an eligible child shall receive each year that the child   participates in the program a payment from the state to the child's   account in an amount that is equal to 90 percent of the state   average maintenance and operations expenditures per student in   average daily attendance for the preceding state fiscal year.          (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 parent of a child participating in the program may   make payments for the expenses of educational programs, services,   and products not covered by money in the child's account.          (d)  A payment under Subsection (a) may not be financed using   federal money or money appropriated from the permanent school fund   or the available school fund.          (e)  Not later than November 1 of each even-numbered year,   the comptroller shall submit to the legislature an estimate of the   total amount of funding required for the program for the following   state fiscal biennium.          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   August, November, February, and May.          (b)  The comptroller may deduct an amount from each quarterly   payment to a program participant's account to cover the   comptroller's cost of administering the program. The amount   deducted may not exceed three percent of the payment.          (c)  Each quarter, the comptroller shall disburse to each   certified educational assistance organization an amount from the   total amount of money appropriated for purposes of this subchapter   to cover the organization's cost of administering the program. The   total amount disbursed to certified educational assistance   organizations under this subsection for a fiscal year may not   exceed five percent of the amount appropriated for purposes of this   subchapter for that fiscal year.          (d)  Before each payment is made under Subsection (a), each   certified educational assistance organization shall:                (1)  compare the list of program participants for whom   the organization is responsible with public school enrollment lists   maintained by the agency; 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.          (e)  On the date on which a child who participated in the   program is no longer eligible to participate in the program under   Section 29.356(c), the child's account is closed and any remaining   money is returned to the state for deposit in the Family Educational   Relief Program fund.          Sec. 29.363.  RANDOM AUDITING. (a) The comptroller may   contract with a private entity to randomly audit accounts and the   certified educational assistance organizations as necessary to   ensure compliance with applicable law and the requirements of the   program.          (b)  In conducting an audit, the comptroller or private   entity may require that a program participant or certified   educational assistance organization provide additional information   and documentation regarding any payment made under the program.          (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.          Sec. 29.364.  SUSPENSION OF ACCOUNT. (a) The comptroller   shall suspend the account of a program participant who fails to   comply with applicable law or a requirement of the program.          (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 10 business   days to respond and take any corrective action required by the   comptroller.          (c)  On the expiration of the 10-day period under Subsection   (b), the comptroller shall:                (1)  order permanent closure of the suspended account   and declare the program participant ineligible for the program;                (2)  order temporary reinstatement of the account,   conditioned on the performance of a specified action by the   participant; or                (3)  order full reinstatement of the account.          (d)  The comptroller may recover money distributed under the   program that was used for expenses not allowed under Section 29.360   from the program participant or the entity that received the money   if the participant's account is suspended or closed under this   section.          Sec. 29.365.  TUITION AND FEES; REFUND PROHIBITED. (a) An   education service provider may not charge a child participating in   the program an amount greater than the standard amount charged for   that service by the provider.          (b)  An education service provider or a vendor of educational   products receiving money distributed under the program may not in   any manner rebate, refund, or credit to or share with a program   participant, or any person on behalf of a participant, any program   money paid or owed by the participant to the provider or vendor.          Sec. 29.366.  REFERRAL TO ATTORNEY GENERAL. (a) If the   comptroller or a certified educational assistance organization   obtains evidence of fraudulent use of an account, the comptroller   or organization may refer the case to the attorney general for   investigation.          (b)  With the consent of the appropriate local county or   district attorney, the attorney general has concurrent   jurisdiction with the consenting local prosecutor to prosecute an   offense referred to the attorney general under Subsection (a).          Sec. 29.367.  SPECIAL EDUCATION NOTICE. (a) Each certified   educational assistance organization shall post on the   organization's Internet website and provide to each parent who   submits an application for the program on behalf of a child with a   disability a notice that:                (1)  states that a private school is not subject to laws   regarding the provision of educational services in the same manner   as a public school, and a child with a disability attending a   private school may not receive the services a child with a   disability attending a public school is entitled to receive under   federal and state law; 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.),   including:                            (i)  an individualized education program;                            (ii)  educational services provided in the   least restrictive environment;                            (iii)  instruction from certified teachers;                            (iv)  due process hearings to ensure proper   and full implementation of an individualized education program;                            (v)  transition and planning services; and                            (vi)  supplementary aids and services;                      (B)  rights provided under Subchapter A; and                      (C)  other rights provided under federal or state   law.          (b)  A private school in which a child with a disability who   is participating in the program 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) An education service provider or vendor of   educational products that receives money distributed under the   program is not an agent of the state or federal government.          (b)  The program does not expand the regulatory authority of   the state or any school district to impose any additional   regulation on an education service provider or vendor of   educational products except those reasonably necessary to enforce   the program as provided by this subchapter.          (c)  An education service provider may not be required to   modify the provider's creed, practices, admissions policies,   curriculum, performance standards, or assessments, as applicable,   to receive money distributed under the program.          (d)  In any proceeding challenging a rule adopted by a state   agency or officer under this subchapter, the agency or officer has   the burden of proof to establish that the rule:                (1)  is necessary to implement or enforce the program   as provided by this subchapter; and                (2)  does not impose an undue burden on a program   participant or an education service provider or vendor of   educational products that receives or seeks to receive money   distributed under the program.          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.          (b)  The agency shall provide to each certified educational   assistance organization any information available to the agency   requested by the organization regarding a child who participates or   seeks to participate in the program. The 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   may solicit and accept gifts, grants, and donations from any public   or private source for any expenses related to the administration of   the program, including the initial implementation of the program.          Sec. 29.371.  RULES; PROCEDURES. (a) The comptroller shall   adopt rules and procedures only as necessary to implement,   administer, and enforce this subchapter.          (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, as necessary to implement,   administer, and enforce this subchapter.          Sec. 29.372.  PARENTAL AND STUDENT RIGHT TO INTERVENE IN   CIVIL ACTION.  (a) A program participant may intervene in any civil   action challenging the constitutionality of the program or the   insurance premium tax credit under Chapter 230, Insurance Code.          (b)  A court in which a civil action described by Subsection   (a) is filed may require that all program participants wishing to   intervene in the action file a joint brief. A program participant   may not be required to join a brief filed on behalf of the state or a   state agency.          SECTION 2.  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 who intends to provide educational services to a child   participating in the program established under Subchapter J,   Chapter 29, Education Code, and is seeking approval to receive   money distributed under that program.          SECTION 3.  Subtitle B, Title 3, Insurance Code, is amended   by adding Chapter 230 to read as follows:   CHAPTER 230. CREDIT AGAINST PREMIUM TAXES FOR CONTRIBUTIONS TO   FAMILY EDUCATIONAL RELIEF PROGRAM   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 230.001.  DEFINITIONS. In this chapter:                (1)  "Fund" means the Family Educational Relief Program   fund under Section 29.354, Education Code.                (2)  "State premium tax liability" means any liability   incurred by an entity under Chapters 221 through 226.   SUBCHAPTER B. CREDIT          Sec. 230.051.  CREDIT. An entity may apply for a credit   against the entity's state premium tax liability in the amount and   under the conditions provided by this chapter. The comptroller   shall award credits as provided by Section 230.053.          Sec. 230.052.  AMOUNTS; LIMITATION ON TOTAL CREDITS. (a)   Subject to Subsections (b) and (c), the amount of an entity's credit   is equal to the lesser of the amount contributed to the fund during   the period covered by the tax report or 50 percent of the entity's   state premium tax liability for the report.          (b)  For the 2022 state fiscal year, the total amount of   credits that may be awarded under this chapter may not exceed $200   million. For each subsequent state fiscal year, the total amount of   credits that may be awarded is:                (1)  the same total amount of credits available under   this subsection for the previous state fiscal year, if Subdivision   (2) does not apply; or                (2)  125 percent of the total amount of credits   available under this subsection for the previous state fiscal year,   if the total amount of credits awarded in the previous state fiscal   year was at least 90 percent of the total amount of credits   available under this subsection for that fiscal year.          (c)  The comptroller by rule shall prescribe procedures by   which the comptroller may allocate credits under this chapter. The   procedures must provide that credits are allocated first to   entities that received preliminary approval for a credit under   Section 230.0525 and that apply under Section 230.053. The   procedures must provide that any remaining credits are allocated to   entities that apply under Section 230.053 on a first-come,   first-served basis, based on the date the contribution was   initially made.          (d)  The comptroller may require an entity to notify the   comptroller of the amount the entity intends or expects to apply for   under this chapter before the beginning of a state fiscal year or at   any other time required by the comptroller.          Sec. 230.0525.  PRELIMINARY APPROVAL FOR CREDIT. (a)   Before making a contribution to the fund, an entity may apply to the   comptroller for preliminary approval of a credit under this chapter   for the contribution.          (b)  An entity must apply for preliminary approval on a form   provided by the comptroller that includes the amount the entity   expects to contribute and any other information the comptroller   requires.          (c)  The comptroller shall grant preliminary approval for   credits under this chapter on a first-come, first-served basis,   based on the date the comptroller receives the application for   preliminary approval.          (d)  The comptroller shall grant preliminary approval for a   credit under this chapter for a state fiscal year if the sum of the   amount of the credit and the total amount of all other credits   preliminarily approved under this chapter does not exceed the   amount provided by Section 230.052(b).          (e)  Final award of a credit preliminarily approved under   this section remains subject to the limitations under Section   230.052(a) and all other requirements of this chapter.          Sec. 230.053.  APPLICATION FOR CREDIT. (a) An entity must   apply for a credit under this chapter on or with the tax report   covering the period in which the contribution was made.          (b)  The comptroller shall adopt a form for the application   for the credit. An entity must use this form in applying for the   credit.          (c)  Subject to Section 230.052(c), the comptroller may   award a credit to an entity that applies for the credit under   Subsection (a) if the entity is eligible for the credit and the   credit is available under Section 230.052(b). The comptroller has   broad discretion in determining whether to grant or deny an   application for a credit.          (d)  The comptroller shall notify an entity in writing of the   comptroller's decision to grant or deny the application under   Subsection (a). If the comptroller denies an entity's application,   the comptroller shall include in the notice of denial the reasons   for the comptroller's decision.          (e)  If the comptroller denies an entity's application under   Subsection (a), the entity may request in writing a reconsideration   of the application not later than the 10th day after the date the   notice under Subsection (d) is received. If the entity does not   request a reconsideration of the application on or before that   date, the comptroller's decision is final.          (f)  An entity that requests a reconsideration under   Subsection (e) may submit to the comptroller, not later than the   30th day after the date the request for reconsideration is   submitted, additional information and documents to support the   entity's request for reconsideration.          (g)  The comptroller's reconsideration of an application   under this section is not a contested case under Chapter 2001,   Government Code. The comptroller's decision on a request for   reconsideration of an application is final and is not appealable.          (h)  This section does not create a cause of action to   contest a decision of the comptroller to deny an application for a   credit under this chapter.          Sec. 230.054.  RULES; PROCEDURES. The comptroller shall   adopt rules and procedures to implement, administer, and enforce   this chapter.          Sec. 230.055.  ASSIGNMENT PROHIBITED; EXCEPTION. An entity   may not convey, assign, or transfer the credit allowed under this   chapter to another entity unless all of the assets of the entity are   conveyed, assigned, or transferred in the same transaction.          Sec. 230.056.  NOTICE OF AVAILABILITY OF CREDIT. The   comptroller shall provide notice of the availability of the credit   under this chapter on the comptroller's Internet website, in the   instructions for insurance premium tax report forms, and in any   notice sent to an entity concerning the requirement to file an   insurance premium tax report.          SECTION 4.  Subchapter J, Chapter 29, Education Code, as   added by this Act, applies beginning with the 2022-2023 school   year.          SECTION 5.  An entity may apply for a credit under Chapter   230, Insurance Code, as added by this Act, only for a contribution   made on or after the effective date of this Act.          SECTION 6.  Not later than February 15, 2022, the   comptroller of public accounts shall adopt rules as provided by   Section 230.054, Insurance Code, as added by this Act.          SECTION 7.  Chapter 230, Insurance Code, as added by this   Act, applies only to a tax report originally due on or after the   effective date of this Act.          SECTION 8.  (a) The constitutionality and 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, or   Chapter 230, Insurance Code, as added by this Act, may be determined   in an action for declaratory judgment in a district court in Travis   County under Chapter 37, Civil Practice and Remedies Code, except   that 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. This   section does not authorize a taxpayer suit to contest the denial of   a tax credit by the comptroller of public accounts.          (b)  An appeal of a declaratory judgment or order, however   characterized, of a district court, including an appeal of the   judgment of an appellate court, holding or otherwise determining   that all or any part of Subchapter J, Chapter 29, Education Code, as   added by this Act, or Chapter 230, Insurance Code, as added by this   Act, is constitutional or unconstitutional, or otherwise valid or   invalid, under the state or federal constitution is an accelerated   appeal.          (c)  If the judgment or order is interlocutory, an   interlocutory appeal may be taken from the judgment or order and is   an accelerated appeal.          (d)  A district court in Travis County may grant or deny 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, or Chapter 230,   Insurance Code, as added by this Act.          (e)  There is a direct appeal to the Texas Supreme Court from   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, or Chapter 230,   Insurance Code, as added by this Act.          (f)  The direct appeal is an accelerated appeal.          (g)  This section exercises the authority granted by Section   3-b, Article V, Texas Constitution.          (h)  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; and                (2)  the applicant will suffer a probable injury that   is imminent and irreparable, and that the applicant has no other   adequate legal remedy.          (i)  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), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),   38.6(a) and (b), 40.1(b), and 49.4.          SECTION 9.  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 on the 91st day after the last day of the   legislative session..