By: Troxclair H.B. No. 133       A BILL TO BE ENTITLED   AN ACT   relating to the prohibited use of public money to pay the costs of   providing public benefits to certain persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The purposes of Sections 2 and 3 of this Act are   to:                (1)  discourage illegal migration into this state,   encourage compliance with federal immigration laws, and stop the   chaos caused by unfettered migration into this state; and                (2)  recognize that:                      (A)  the unprecedented scale of the current border   crisis is overwhelming school district and state resources;                      (B)  educational services, including online   training curricula, are available at greatly reduced rates compared   to services previously available and in a much larger alternative   marketplace than was previously available; and                      (C)  the scope of the current border crisis is   much wider than in the past, presenting schools in this state with   students from over 100 nationalities and untold numbers of native   languages.          SECTION 2.  Section 25.001(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Section 25.009, a [A] person who,   on the first day of September of any school year, is at least five   years of age and under 21 years of age, or is at least 21 years of   age and under 26 years of age and is admitted by a school district to   complete the requirements for a high school diploma is entitled to   the benefits of the available school fund for that year. Any other   person enrolled in a prekindergarten class under Section 29.153 is   entitled to the benefits of the available school fund.          SECTION 3.  Subchapter A, Chapter 25, Education Code, is   amended by adding Section 25.009 to read as follows:          Sec. 25.009.  SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN   STUDENTS. (a) This section applies only to a student who is not a   citizen or lawful permanent resident of the United States.          (b)  Notwithstanding any other law, a school district:                (1)  may not use public money, including tax and bond   revenue, to pay or subsidize the tuition of a student to which this   section applies; and                (2)  shall:                      (A)  charge a student to which this section   applies tuition in an amount equivalent to the average cost of   providing educational services to students of the same grade level;   and                      (B)  document the student's immigration status in   the district's records and report that information to the agency.          (c)  A school district that violates this section is not   entitled to funding under Chapter 46 or 48.          SECTION 4.  Subtitle H, Title 2, Health and Safety Code, is   amended by adding Chapter 174 to read as follows:   CHAPTER 174. INELIGIBILITY FOR PUBLIC BENEFITS          Sec. 174.001.  DEFINITION. In this chapter, "public   benefit" means:                (1)  a benefit provided under a public assistance   program, including:                      (A)  the medical assistance program under Chapter   32, Human Resources Code, including medical assistance provided in   accordance with Section 1903(v), Social Security Act (42 U.S.C.   Section 1396b(v));                      (B)  the child health plan program under Chapters   62 and 63;                      (C)  the financial assistance program under   Chapter 31, Human Resources Code;                      (D)  the nutritional assistance programs under   Chapter 33, Human Resources Code, including the supplemental   nutrition assistance program under that chapter; and                      (E)  any other public assistance program the   commission administers; and                (2)  any other public benefit administered through the   use of public money, including:                      (A)  prenatal care services;                      (B)  emergency shelter services;                      (C)  transitional housing services;                      (D)  health care services;                      (E)  life and safety services; and                      (F)  any other public services.          Sec. 174.002.  APPLICABILITY. This chapter applies only to   a person who is not a citizen or lawful permanent resident of the   United States.          Sec. 174.003.  PROHIBITED PROVISION OF PUBLIC BENEFITS TO   CERTAIN PERSONS. Notwithstanding any other law, a state agency or   political subdivision of this state may not provide any public   benefit to a person described by Section 174.002.          SECTION 5.  Subchapter M, Chapter 285, Health and Safety   Code, is amended by adding Section 285.2015 to read as follows:          Sec. 285.2015.  PROHIBITED USE OF TAX REVENUE FOR CERTAIN   INDIGENT CARE. Notwithstanding any other law, a hospital district   created under general or special law may not use tax revenue to   cover the costs of health care services provided to an indigent   person who is not a citizen or lawful permanent resident of the   United States.          SECTION 6.  Section 285.201, Health and Safety Code, is   repealed.          SECTION 7.  If any provision of this Act or its application   to any person or circumstance is held invalid, the invalidity does   not affect other provisions or applications of this Act that can be   given effect without the invalid provision or application, and to   this end the provisions of this Act are declared to be severable.          SECTION 8.  If before implementing any provision of this Act   a state agency determines that any other waiver or authorization   from a federal agency is necessary for implementation of that   provision, the agency affected by the provision shall request the   waiver or authorization and may delay implementing that provision   until the waiver or authorization is granted.          SECTION 9.  This Act takes effect on the 91st day after the   las day of the legislative session.