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79R5383 BDH-D

By:  Villarreal                                                   H.B. No. 1246



A BILL TO BE ENTITLED

AN ACT

relating to eligibility for enrollment in public school 
prekindergarten classes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 29.153(b), Education Code, is amended to 
read as follows:
	(b)  A child is eligible for enrollment in a prekindergarten 
class under this section if the child is at least three years of age 
and is:
		(1)  unable to speak and comprehend the English 
language;                   
		(2)  educationally disadvantaged; [or]                       
		(3)  homeless, as defined by 42 U.S.C. Section 11302, 
regardless of the residence of the child, of either parent of the 
child, or of the child's guardian or other person having lawful 
control of the child; or
		(4)  from a family with a household income at or below 
200 percent of the federal poverty level.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  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, 2005.