Texas 2023 - 88th 3rd C.S.

Texas House Bill HB109

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the admission to public schools of children unlawfully present in the United States and the eligibility of those children for the benefits of the available school fund and Foundation School Program.

Impact

The implementation of HB109 is expected to have significant implications for state laws concerning public education. It effectively stipulates that children who are unlawfully present may attend public schools and benefit from state funds only under certain conditions. This shift could lead to increased enrollment of such children in public schools where resources are allocated accordingly. Additionally, the bill aims to clarify the responsibilities of school districts in determining eligibility and managing the admissions process. Should the bill pass, it may also influence future discussions on immigration policy and education funding in the state.

Summary

House Bill 109 (HB109) addresses the admission of children unlawfully present in the United States to public schools, as well as their eligibility for the available school fund and the Foundation School Program. The bill aims to establish conditions under which such children may be admitted to public schools and receive funding benefits. Specifically, it permits school districts to admit children who are not citizens or lawfully present aliens if the United States government agrees to pay for their education. The bill has notable provisions for school districts to seek such agreements and establish eligibility criteria for these students.

Sentiment

Sentiment around HB109 appears to be mixed, based on the discussions and opinions expressed in various stakeholder groups. Supporters argue that the bill is a necessary step toward providing equal access to education for all children, regardless of their immigration status. They believe that denying education to children based on their status is counterproductive and harmful to society, as education is a fundamental right. Conversely, opponents express concerns about the potential financial burden on taxpayers and emphasize that the bill may encourage unlawful immigration by providing benefits to those who are not legally present in the country.

Contention

Notable points of contention surrounding HB109 include debates about the underlying principles of educational equity versus fiscal responsibility. Critics highlight that the bill might undermine local control and accountability, as it shifts significant funding sources tied to student residency status. Additionally, the requirement for an agreement with the U.S. government adds a layer of uncertainty about funding and resource availability for school districts. Finally, the implications of the bill may lead to complex legal challenges related to immigration laws and the rights of children in public education, further stirring public and legislative debate.

Companion Bills

TX SB50

Identical Relating to the admission to public schools of children unlawfully present in the United States and the eligibility of those children for the benefits of the available school fund and Foundation School Program.

TX HB81

Same As Relating to the admission to public schools of children unlawfully present in the United States and the eligibility of those children for the benefits of the available school fund and Foundation School Program.

TX HB81

Same As Relating to the admission to public schools of children unlawfully present in the United States and the eligibility of those children for the benefits of the available school fund and Foundation School Program.

Previously Filed As

TX HB371

Relating to the admission to public schools of children unlawfully present in the United States and the eligibility of those children for the benefits of the available school fund and Foundation School Program.

TX HB4707

Relating to the admission to public schools of children unlawfully present in the United States and the eligibility of those children for the benefits of the available school fund and Foundation School Program.

TX HB494

Relating to the eligibility of the children of public school employees for free prekindergarten programs in public schools.

TX SB237

Relating to a public school paid parental leave policy, an allotment under the Foundation School Program for the cost of providing paid parental leave under that policy, and the eligibility of certain children for free prekindergarten programs.

TX HB4704

Relating to a public school paid parental leave policy, an allotment under the Foundation School Program for the cost of providing paid parental leave under that policy, and the eligibility of certain children for free prekindergarten programs.

TX HB120

Relating to college, career, and military readiness in public schools, including career and technology education programs, the Financial Aid for Swift Transfer (FAST) program, and the Rural Pathway Excellence Partnership (R-PEP) program, funding for those programs under the Foundation School Program, and workforce reporting to support those programs, to the public school accountability system, and to the new instructional facility allotment and the permissible uses of funding under the Foundation School Program.

TX SB1826

Relating to career and technology education programs in public schools and the Rural Pathway Excellence Partnership (R-PEP) program, including funding for those programs under the Foundation School Program, and to the new instructional facility allotment and the permissible uses of funding under the Foundation School Program.

TX SB568

Relating to special education in public schools, including funding for special education under the Foundation School Program.

TX HB1996

Relating to the eligibility of children enrolled in a special education program for free prekindergarten programs in public schools.

TX SB2526

Relating to the eligibility of children enrolled in a special education program for free prekindergarten programs in public schools.

Similar Bills

AR SB425

To Amend Various Provisions Of The Arkansas Code Concerning Enhanced Transportation; And To Declare An Emergency.

TX HB5663

Relating to the authority of the Wood County Central Hospital District of Wood County, Texas, to provide brain and memory care services to residents of the hospital district through the creation and operation of brain and memory health care services districts.

KY HR1

A RESOLUTION establishing the 2026 membership of the Kentucky State House of Representatives.

KY HR1

A RESOLUTION establishing the 2025 membership of the Kentucky State House of Representatives.

LA HB719

Provides relative to the number of assistant district attorneys in each judicial district (RE +$2,274,000 GF EX See Note)

KY HR1

A RESOLUTION establishing the 2022 membership of the Kentucky State House of Representatives.

LA SB454

Provides for a population based allocation of assistant district attorney positions in the state. (7/1/26) (OR +$397,950 GF EX See Note)

VA HB29

Chaptered