Olcott Benefits Bill Reaches Every Non-Citizen Without A Green Card

The text as introduced · 825 words

By: Olcott
H.B. No. 4745

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 an untold number 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 whom this

section applies; and

(2) shall:

(A) charge a student to whom 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.

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 September 1, 2025.