One week remains before the 87th Regular Legislative Session adjourns May 31.
Senate will consider CSHB 1525 today
The Senate's version of CSHB 1525 (Huberty/Taylor) is expected be considered today, though it could be postponed until Tuesday as the Senate awaits passage of SB 1365 (more on that below). Amendments to be offered on the floor were pre-filed and due Saturday afternoon.


Proposed amendments to note include:
  • Amendment #1 by Taylor, which adds tiers to the Fast Growth Allotment, clarifies that the adjustments the Commissioner may make to funding entitlements may only be increases, and adds the promised specificity to require that districts set-aside an amount in local funds equal to 40% of their ESSER III distribution (40% of the amount that exceeds $500,000).

  • Amendment by West on page 7 of the packet would repeal the proposed $400 million annual limit on Formula Transition Grants (so that there would be no limit, as it exists under current law).

  • Amendment by Hughes on page 6 of the packet proposes a big change to the Fast Growth Allotment that would apply the allotment to more districts (particularly small districts), but will also prorate the amount for all districts that may receive FGA.

  • Amendment by Taylor on page 11 would create a grant program for districts with the state's discretionary funding from the federal legislation and establishes an allotment for all districts to receive a share of the federal dollars, with districts that have a higher number of students who have failed state assessments qualifying for more funding (allotment amounts are reduced based on how much the district otherwise receives under ESSER II and ESSER III).

  • Amendment by Taylor on page 29 creates an outcomes based bonus for students who have previously failed a state assessment and subsequently pass successfully.

  • Amendment by Taylor on page 36 creates a supplemental services program for parents of students enrolled in special education to direct the use of the up to $1500 per student, which many have equated with a voucher (language from SB 1716).

  • Amendment by Taylor on page 45 and West on page 82 would allow for students to qualify for ADA while in an off-campus remote learning setting (limited to 10% of total enrollment).

There were no amendments filed that would remove the requirement for districts to set-aside a large amount of local funding tied to the amount of federal funding received under ESSER III. You can check our per-district list to how much local funding CSHB 1525 would require your district to put in your fund balance and not use until 2024-25. This list has been revised to match the language from Taylor's floor amendment #1.

We've sent you a lot of information about this bill, so here is a quick list of all that info (that focuses primarily on concerns regarding Section 24 and Section 25 of the bill):


Click here to look up contact info for your Senator.
SB 1365 to be considered in the House
You may recall that SB 1365 is the bill would provide broad and sweeping commissioner authority for school district sanctions, interventions, and takeovers. That bill was scheduled for debate on the House floor last week, and again yesterday. It was considered, and a valid point of order was called which in any other instance would have killed the bill. However, due to a herculean effort on behalf of House leadership and a little bending of the rules, the bill was very quickly heard again in committee, voted and reported out and placed on the Major State Calendar for Tuesday, May 25.

A complete floor substitute has been offered that would completely re-write SB 1365 (it begins on page 16 of the amendment packet found via this link)

If that substitute is adopted, SB 1365 would improve due process for school districts and improves campus accountability ratings. However, it currently still allows for broad commissioner authority to impose sanctions and interventions without a set standard for which such measures would be allowed.
What's happening this week?
Texas House
If you have been watching (and either hoping for or worrying about) a Senate bill in the House that has not yet been placed on the Calendar, you can stop hoping or worrying as that bill is dead.

Some bills to note that the House will consider today or tomorrow (before all remaining bills turn into pumpkins if they not heard on Tuesday before the clock strikes midnight):

  • SB 10 (Bettencourt/Paddie) which started out as a ban on lobbying for cities and counties, and is now a bill that does not bad the practice but does require more transparent actions and reporting when it comes to all entities with a tax base (including school districts). There are also several amendments proposed to the bill by Rep. Middleton that could pertain to school districts. This bill is on the Major State Calendar today.
  • SB 204 (Hughes/Huberty) which allows school districts to provide transportation for any enrolled student (whether the student resides in the district or not) and does not require an interlocal district for a school bus to transport a student in that jurisdiction. This bill is on the House Calendar today.
  • SB 1267 (West/Lozano) which streamlines educator training requirements in law and allows greater flexibility and choice for school staff in the training to make it more meaningful and relevant. This bill is on the House Calendar today, though may not be heard until Tuesday.
  • SB 1232 (Taylor/Bonnen) which creates the Permanent School Fund Investment Management Organization to oversee and provide unified management for the PSF. (Major State Calendar, Tuesday)
  • SB 29 (Perry/Dutton) which requires students to participate in UIL athletic activities based on biological sex. (Major State Calendar, Tuesday)
  • SB 1365 (Bettencourt/Huberty) which relates to interventions and sanctions of districts, due process, and campus ratings. (Major State Calendar, Tuesday)
  • SB 1716 (Taylor/Bonnen) which creates a supplemental services account to be directed by parents of students enrolled in special education to make purchases of services or materials their child. (General State Calendar, Tuesday)
  • SB 2081 (Mendendez/Talarico) which would apply class size requirements of 22:1 to Pre-K, not just K-4th grade. (General State Calendar, Tuesday)


Texas Senate
The Senate doesn't exactly follow a calendar, so it is little harder to predict when and if bills will be considered. Some noteworthy bills on their intent calendar on Monday (which can also carry over into Tuesday and can also include even more bills on Tuesday) are:

  • HB 1525 (Huberty/Taylor), which relates to school finance (see above)
  • HB 3643 (King, Ken/Taylor), which establishes a commission to study and make recommendations on virtual education
  • HB 4242 (Meyer/Birdwell) which would extend Chapter 313 of the Tax Code for two years and allow Chapter 313 agreements to continue until the legislature meets again and can determine reforms for the program.


The Senate Education Committee met on Saturday and passed 26 bills out of committee, including:
  • HB 1252 (Moody/Hall) requires that TEA allow for the maximum time allowed federal law regarding the deadline to file a complaint or allege a violation of state or federal special education laws.
  • HB 1468 (Bell, Keith/Taylor) allows public schools to offer remote learning programs for their students
  • HB 3880 (Dutton/Paxton) revises and adds requirements related to school district screening of students for dyslexia and related disorders; permits a school district to employ a person without a certificate or permit in special education to provide services to students with dyslexia; requires school districts to allocate money from the dyslexia allotment in a manner that prioritizes its use for the employment and retention of district employees who were specially trained to evaluate, identify, and provide services for dyslexia and related disorders. Districts may use funding from the allotment only to supplement and not to offset its special education budget.
  • HB 4465 (Dutton/Taylor) establishes a grant program to assist schools in overcoming the educational impact of the pandemic; requires that schools adopt plans for the use of recovery funding
  • HB 4545 (Dutton/Taylor) requires specific time and staffing ratios for the provision of accelerated instruction for students who fail certain state assessments; establishes a grant program to assist districts with paying for accelerated instruction as required by the bill.

Any of these bills (and then some) could be considered on Tuesday or Wednesday. Wednesday, May 26, is the final day when the Senate may consider bills on second or third reading. A bill may not be passed by the Senate after May 26. Following May 26, the members of both chambers will only be considering amendments adopted by the other chamber and conference committee reports.
Post-Legislative Workshop - June 9
We hope you can join us as we rehash the good, the bad, and the ugly from the 87th Irregular Session at our Post-Legislative Workshop on Wednesday, June 9, from 10:00 a.m. until 2:00 p.m. in Dallas at the DoubleTree by Dallas Love Field.

You can register via the link below to attend in person and also find the info you need to make hotel reservations for a discounted rate if you plan to stay overnight.
Wed, Jun 9, 2021 10:00 AM CST
Post-Legislative Workshop 2021
DoubleTree by Hilton Hotel Dallas - Love Field, Dallas
If you are not able to join us in person, but still want to join in on the fun, please click on the button below to register and attend virtually via Zoom.
Thank you to our annual sponsors!
601 Camp Craft Road
Austin, Texas 78746
512-732-9072