HB3938 - Relating to the formation of a public education scholarship program.

      By: Virdell H.B. No. 3938       A BILL TO BE ENTITLED   AN ACT   relating to the formation of a public education scholarship   program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 29, Education Code, is amended by adding   Section 29.202.   SUBCHAPTER G.   PUBLIC EDUCATION SCHOLARSHIP PROGRAM           Sec. 29.202.  DEFINITIONS. In this subchapter:                 (1)    "Eligible child" or "child eligible to receive a   public education scholarship" means a child who                      (A)   is eligible to attend school under Section   25.001,                      (B)   meets the requirements in 29.202 of the   Education Code,                      (C)   was enrolled in a public school in the   preceding year or is enrolling in prekindergarten, kindergarten, or   first grade for the first time in 2025.                 (2)    A school district shall annually notify the   parent, guardian, or custodian of each eligible child of the   child's eligibility for scholarship as provided by this subchapter   no later than 30 days before the beginning of the school year.           Sec.   29.203.     FINANCING. (a) A child's public education   scholarship is equal to the amount of maintenance and operations   property tax paid for the child's primary residence to the   corresponding public school district or the full amount of the   basic allotment, whichever is less. In the event there is more than   one eligible child residing at the residence, the amount of the   scholarship for each child shall be a pro-rata share of the total   amount. A scholarship for one child cannot be used for another   child in the same home.           (b)     In the event the child lives in a single-family home or a   multi-family dwelling owned by an unaffiliated entity and the   parent or guardian rents, the child is eligible for the amount of   maintenance and operations property tax paid that corresponds to   the pro-rata share of the dwelling rented.           (c)     A child's public education scholarship is the   entitlement of the child, under the supervision of the child's   parent, guardian, or custodian, and is not an entitlement of any   school of any kind.           (d)     In order to receive the amount of the scholarship, a   parent must present proof of enrollment at an educational   institution, other than the public school to which the student is   zoned, to the county tax office. This proof must be renewed   annually on or before January 1 of each year.           (e)     The parent shall be issued a property tax refund via an   electronic payment or paper check in the amount of the scholarship   within 30 days of presenting the proof to the county tax office.           (f)     Upon graduation or withdrawal of the eligible student,   the parent will no longer be allowed to receive the property tax   refund allowed under this section.           (g)     If a child enrolls in a public school after receiving a   scholarship under this section, the parent shall pay a pro-rata   share of the scholarship back to the county that issued the refund   initially.          SECTION 2.  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, 2025.