89R1135 MM-F     By: Cain H.B. No. 212       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a parental empowerment program   administered by the comptroller of public accounts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Texas Parental   Empowerment Act of 2025.          SECTION 2.  The legislature finds that:                (1)  parents should be empowered to direct their   children's education;                (2)  there is not one best educational option for all   children in this state;                (3)  children belong to their parents, not to the   government;                (4)  the best education for children in this state is   one directed by their parents, with all educational options made   available and accessible through a program in which money follows   each child to the educational option that best meets the child's   unique educational needs; and                (5)  in Espinoza v. Montana Department of Revenue, 591   U.S. 464 (2020) and Carson v. Makin, 596 U.S. 767 (2022), the United   States Supreme Court held that state prohibitions on the use of   generally available state tuition assistance programs for children   to attend religious schools violate the Free Exercise Clause of the   First Amendment to the United States Constitution.          SECTION 3.  The purpose of this Act is to achieve a general   diffusion of knowledge, increase efficiency by providing highly   qualified education professionals an opportunity to empower   parents to make the best decision regarding the education of the   parent's child, enshrine the parent as the primary decision maker   in all matters involving the parent's child, and fully fund schools   in this state while giving parents a choice about which type of   school is the right choice for the parent's child.          SECTION 4.  Section 48.266, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  Notwithstanding Subsection (b), the commissioner   shall adjust enrollment estimates and entitlement for each school   district for each school year based on information provided by the   comptroller under Section 48.551(g). This subsection expires   September 1, 2030.          SECTION 5.  Chapter 48, Education Code, is amended by adding   Subchapter J to read as follows:   SUBCHAPTER J. PARENTAL EMPOWERMENT PROGRAM          Sec. 48.551.  PARENTAL EMPOWERMENT PROGRAM. (a) In this   subchapter, "program" means the Parental Empowerment Program   established under this section.          (b)  A parent or legal guardian of an eligible student who   agrees to accept reimbursement in an amount that is less than the   state average maintenance and operations expenditures per student   may receive reimbursement from the state for the tuition paid for   the enrollment of the eligible student at a private school in an   amount that is the lesser of:                (1)  the tuition paid; or                (2)  80 percent of the state average maintenance and   operations expenditures per student.          (c)  A student is eligible to participate in the program if   the student is a school-age child who resides in this state.          (d)  Money from the available school fund and federal funds   may not be used for reimbursement under this section.          (e)  A private school voluntarily selected by a parent for   the parent's child to attend, with or without governmental   assistance, may not be required to comply with any state law or rule   governing the school's educational program that was not in effect   on January 1, 2025.          (f)  The comptroller shall administer the program and   provide reimbursement to a parent or legal guardian of an eligible   student, or the parent's or guardian's assignees, as authorized by   this section.          (g)  Not later than October 1 of each year, the comptroller   shall notify the commissioner and the Legislative Budget Board of   the number of eligible students likely to participate in the   program, disaggregated by the school district or open-enrollment   charter school the eligible students would otherwise attend. Not   later than March 1 of each year, the comptroller shall provide final   information to the commissioner and the Legislative Budget Board   regarding the number of students participating in the program,   disaggregated in the same manner as the initial information.          (h)  Each school year, the agency shall, subject to the   approval of the governor and the Legislative Budget Board,   distribute to each school district and open-enrollment charter   school on a per student basis a total amount of funding equal to the   amount of any cost savings to the Foundation School Program that   resulted from the operation of the program during the preceding   school year.          Sec. 48.552.  ADMINISTRATIVE COSTS.  (a)  The comptroller may   deduct a percentage of each reimbursement made under this   subchapter to cover the comptroller's administrative costs in   implementing and administering the program. The percentage   deducted from each reimbursement may not exceed the lesser of:                (1)  the pro rata cost of the program in the applicable   year; or                (2)  two percent of the amount of the reimbursement.          (b)  This section expires September 1, 2035.          SECTION 6.  (a) As soon as practicable, but not later than   October 15, 2025, the comptroller of public accounts, in   coordination with the commissioner of education, shall adopt rules   to implement the Parental Empowerment Program under Subchapter J,   Chapter 48, Education Code, as added by this Act, including rules to   prevent fraud in financial transactions under the program and to   determine the net savings resulting from implementation of the   program.          (b)  The rules adopted under Subsection (a) of this section   must require reconciliation of payments for all reimbursements   within the same fiscal year or within the first month following the   end of the fiscal year.          SECTION 7.  This Act takes effect September 1, 2025.