Texas 2025 - 89th Regular

Texas House Bill HB2657 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3802 TSS-D
2	2	By: Hopper H.B. No. 2657
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the abolition of the Texas Education Agency and
10	10	elimination of the position of commissioner of education, the
11	11	transfer of powers and duties to the State Board of Education and
12	12	the comptroller of public accounts, and the elimination of public
13	13	school accountability and assessment systems.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. ABOLITION OF THE TEXAS EDUCATION AGENCY
16	16	SECTION 1.01. Chapter 1, Education Code, is amended by
17	17	adding Section 1.007 to read as follows:
18	18	Sec. 1.007. TRANSFER AND ALLOCATION OF FORMER TEXAS
19	19	EDUCATION AGENCY AND COMMISSIONER OF EDUCATION DUTIES. Except as
20	20	provided by Chapter 42:
21	21	(1) the powers, duties, and privileges of the former
22	22	Texas Education Agency and the former commissioner of education
23	23	under this code or other law are transferred to the State Board of
24	24	Education; and
25	25	(2) a reference in law to the Texas Education Agency or
26	26	the commissioner of education is a reference to the State Board of
27	27	Education.
28	28	SECTION 1.02. Sections 5.001(1) and (3), Education Code,
29	29	are amended to read as follows:
30	30	(1) "Agency" means the former Texas Education Agency.
31	31	(3) "Commissioner" means the former commissioner of
32	32	education.
33	33	SECTION 1.03. Subchapter A, Chapter 7, Education Code, is
34	34	amended by adding Section 7.0011 to read as follows:
35	35	Sec. 7.0011. TRANSFER AND ALLOCATION OF POWERS AND DUTIES
36	36	TO STATE BOARD OF EDUCATION. (a) In accordance with Section 1.007,
37	37	the powers and duties of the former Texas Education Agency under
38	38	Subchapter B and the powers and duties of the former commissioner of
39	39	education under Subchapter C are transferred to the board.
40	40	(b) The board shall carry out the educational functions
41	41	specifically delegated to the agency under Section 7.021 or to the
42	42	commissioner under Section 7.055 or to the agency or commissioner
43	43	under another provision of this code.
44	44	(c) A reference in this chapter to the agency or the
45	45	commissioner is a reference to the board.
46	46	SECTION 1.04. Section 7.003, Education Code, is amended to
47	47	read as follows:
48	48	Sec. 7.003. LIMITATION ON AUTHORITY. An educational
49	49	function not specifically delegated to [the agency or] the board or
50	50	the comptroller under this code is reserved to and shall be
51	51	performed by school districts or open-enrollment charter schools.
52	52	SECTION 1.05. Sections 7.102(b) and (d), Education Code,
53	53	are amended to read as follows:
54	54	(b) The board has the powers and duties provided by
55	55	Subsection (c) in addition to the powers and duties assigned to the
56	56	board by the constitution of this state or another provision of this
57	57	code [, which shall be carried out with the advice and assistance of
58	58	the commissioner].
59	59	(d) The board may adopt rules relating to school districts
60	60	or regional education service centers [only] as required to carry
61	61	out the [specific] duties assigned to the board [by the
62	62	constitution or under Subsection (c)].
63	63	SECTION 1.06. Subtitle I, Title 2, Education Code, is
64	64	amended by adding Chapter 42 to read as follows:
65	65	CHAPTER 42. TRANSFER AND ALLOCATION OF POWERS AND DUTIES
66	66	Sec. 42.001. TRANSFER AND ALLOCATION OF AGENCY AND
67	67	COMMISSIONER POWERS AND DUTIES. (a) The powers, duties, and
68	68	privileges of the former Texas Education Agency and the former
69	69	commissioner of education under this subtitle or other law relating
70	70	to public school finance and fiscal management are transferred to
71	71	the comptroller of public accounts.
72	72	(b) A reference in law to the agency or the commissioner
73	73	that relates to the powers and duties of the agency or commissioner
74	74	under this subtitle or other law relating to public school finance
75	75	and fiscal management is a reference to the comptroller of public
76	76	accounts.
77	77	Sec. 42.002. COMPTROLLER POWERS AND DUTIES. (a) The
78	78	comptroller has the powers and duties provided by this section.
79	79	(b) The comptroller shall:
80	80	(1) distribute funds to open-enrollment charter
81	81	schools as required under Subchapter D, Chapter 12;
82	82	(2) establish advisory guidelines relating to the
83	83	fiscal management of a school district and report annually to the
84	84	board on the status of school district fiscal management as
85	85	required under Section 44.001;
86	86	(3) review school district budgets, audit reports, and
87	87	other fiscal reports as required under Sections 44.008 and 44.010
88	88	and prescribe forms for financial reports made by or for school
89	89	districts to the comptroller as required under Section 44.009;
90	90	(4) perform duties in connection with the guaranteed
91	91	bond program as prescribed by Subchapter C, Chapter 45;
92	92	(5) adopt an annual budget for operating the
93	93	Foundation School Program as prescribed by Subsection (c);
94	94	(6) perform duties in connection with the Foundation
95	95	School Program as prescribed by Chapter 48; and
96	96	(7) perform duties in connection with the options for
97	97	local revenue levels in excess of entitlement under Chapter 49.
98	98	(c) The budget the comptroller adopts under Subsection
99	99	(b)(5) for operating the Foundation School Program must be in
100	100	accordance with legislative appropriations and provide funds for
101	101	the administration and operation of public school finance and
102	102	fiscal management duties of the comptroller and any other necessary
103	103	expense. The budget must designate any expense of operating the
104	104	office of the comptroller or operating a program for which the State
105	105	Board of Education has responsibility that is paid from the
106	106	Foundation School Program. The budget must designate program
107	107	expenses that may be paid out of the foundation school fund, other
108	108	state funds, fees, federal funds, or funds earned under interagency
109	109	contract. Before adopting the budget, the comptroller must submit
110	110	the budget to the State Board of Education for review and, after
111	111	receiving any comments of the State Board of Education, present the
112	112	operating budget to the governor and the Legislative Budget Board.
113	113	The comptroller shall propose budget expenditures in a manner that
114	114	ensures that all payments are paid from the appropriate funds in a
115	115	timely and efficient manner.
116	116	SECTION 1.07. Section 48.004, Education Code, is amended to
117	117	read as follows:
118	118	Sec. 48.004. ADMINISTRATION OF THE PROGRAM. The
119	119	comptroller [commissioner] shall adopt rules and take action and
120	120	require reports consistent with this chapter as necessary to
121	121	implement and administer the Foundation School Program.
122	122	SECTION 1.08. Section 403.011(a), Government Code, is
123	123	amended to read as follows:
124	124	(a) The comptroller shall:
125	125	(1) obtain a seal with "Comptroller's Office, State of
126	126	Texas" engraved around the margin and a five-pointed star in the
127	127	center, to be used as the seal of the office to authenticate
128	128	official acts, except warrants drawn on the state treasury;
129	129	(2) adopt regulations the comptroller considers
130	130	essential to the speedy and proper assessment and collection of
131	131	state revenues;
132	132	(3) supervise, as the sole accounting officer of the
133	133	state, the state's fiscal concerns and manage those concerns as
134	134	required by law;
135	135	(4) require all accounts presented to the comptroller
136	136	for settlement not otherwise provided for by law to be made on forms
137	137	that the comptroller prescribes;
138	138	(5) prescribe and furnish the form or electronic
139	139	format to be used in the collection of public revenue;
140	140	(6) prescribe the mode and manner of keeping and
141	141	stating of accounts of persons collecting state revenue;
142	142	(7) prescribe forms or electronic formats of the same
143	143	class, kind, and purpose so that they are uniform in size,
144	144	arrangement, matter, and form;
145	145	(8) require each person receiving money or managing or
146	146	having disposition of state property of which an account is kept in
147	147	the comptroller's office periodically to render statements of the
148	148	money or property to the comptroller;
149	149	(9) require each person who has received and not
150	150	accounted for state money to settle the person's account;
151	151	(10) keep and settle all accounts in which the state is
152	152	interested;
153	153	(11) examine and settle the account of each person
154	154	indebted to the state, verify the amount or balance, and direct and
155	155	supervise the collection of the money;
156	156	(12) audit claims against the state the payment of
157	157	which is provided for by law, unless the audit is otherwise
158	158	specially provided for;
159	159	(13) determine the method for auditing claims against
160	160	the state in a cost-effective manner, including the use of
161	161	stratified and statistical sampling techniques in conjunction with
162	162	automated edits;
163	163	(14) maintain the necessary records and data for each
164	164	approved claim against the state so that an adequate audit can be
165	165	performed and the comptroller can submit a report to each house of
166	166	the legislature, upon request, stating the name and amount of each
167	167	approved claim;
168	168	(15) keep and state each account between the state and
169	169	the United States;
170	170	(16) keep journals through which all entries are made
171	171	in the ledger;
172	172	(17) draw warrants on the treasury for payment of all
173	173	money required by law to be paid from the treasury on warrants drawn
174	174	by the comptroller;
175	175	(18) suggest plans for the improvement and management
176	176	of the general revenue; [and]
177	177	(19) preserve the books, records, papers, and other
178	178	property of the comptroller's office and deliver them in good
179	179	condition to the successor to that office; and
180	180	(20) perform the powers relating to public school
181	181	finance and fiscal management required by Section 42.002, Education
182	182	Code, including the maintenance and administration of the
183	183	Foundation School Program under Chapter 48 of that code.
184	184	SECTION 1.09. The following provisions of the Education
185	185	Code are repealed:
186	186	(1) Section 7.002;
187	187	(2) Section 7.004;
188	188	(3) Section 7.021(b)(13);
189	189	(4) Section 7.051;
190	190	(5) Section 7.052;
191	191	(6) Section 7.053;
192	192	(7) Section 7.054;
193	193	(8) Sections 7.055(b)(2), (6), (17), (32), (34), (35),
194	194	(36), (37), and (38);
195	195	(9) Section 7.055(c);
196	196	(10) Section 7.102(c)(29); and
197	197	(11) Sections 7.102(a) and (e).
198	198	SECTION 1.10. (a) On the effective date of this Act and
199	199	except as provided by Subsection (b) of this section, the Texas
200	200	Education Agency is abolished and the position of commissioner of
201	201	education is eliminated, but the agency and position continue in
202	202	existence until December 1, 2025, for the sole purpose of
203	203	transferring, as applicable, all obligations, property, rights,
204	204	powers, duties, leases, contracts, software, data, and full-time
205	205	equivalent employee positions to the State Board of Education. The
206	206	State Board of Education assumes all of the obligations, property,
207	207	rights, powers, duties, leases, contracts, software, data, and
208	208	full-time equivalent employee positions of the Texas Education
209	209	Agency and commissioner of education as they exist immediately
210	210	before the effective date of this Act. All unexpended funds
211	211	appropriated to the Texas Education Agency are transferred to the
212	212	State Board of Education.
213	213	(b) Not later than December 21, 2025, the Texas Education
214	214	Agency and commissioner of education shall transfer, as applicable,
215	215	all obligations, property, rights, powers, duties, leases,
216	216	contracts, software, data, and full-time equivalent employee
217	217	positions relating to public school finance and fiscal management,
218	218	including the maintenance and administration of the Foundation
219	219	School Program under Chapter 48, Education Code, to the comptroller
220	220	of public accounts. The comptroller of public accounts assumes all
221	221	of the obligations, property, rights, powers, duties, leases,
222	222	contracts, software, data, and full-time equivalent employee
223	223	positions of the Texas Education Agency and commissioner of
224	224	education relating to public school finance and fiscal management,
225	225	including the maintenance and administration of the Foundation
226	226	School Program under Chapter 48, Education Code, as they exist
227	227	immediately before the effective date of this Act. All unexpended
228	228	funds appropriated to the Texas Education Agency relating to public
229	229	school finance and fiscal management, including the maintenance and
230	230	administration of the Foundation School Program under Chapter 48,
231	231	Education Code, are transferred to the comptroller of public
232	232	accounts.
233	233	(c) On September 1, 2025, all full-time equivalent employee
234	234	positions at the Texas Education Agency become positions at the
235	235	State Board of Education or comptroller of public accounts, as
236	236	appropriate, in accordance with Subsections (a) and (b) of this
237	237	section. On September 1, 2025, all employees who were employed by
238	238	the Texas Education Agency on August 31, 2025, become employees of
239	239	the State Board of Education or comptroller of public accounts, as
240	240	appropriate, in accordance with Subsections (a) and (b) of this
241	241	section.
242	242	(d) The Texas Education Agency, commissioner of education,
243	243	State Board of Education, and comptroller of public accounts shall,
244	244	in consultation with appropriate state entities, ensure that the
245	245	transfer of the obligations, property, rights, powers, duties,
246	246	leases, contracts, software, data, and full-time equivalent
247	247	employee positions of the Texas Education Agency and commissioner
248	248	of education under this section is completed not later than
249	249	December 1, 2025.
250	250	(e) Except as provided by Subsection (f) of this section,
251	251	all rules, fees, policies, procedures, decisions, and forms adopted
252	252	by the Texas Education Agency or commissioner of education are
253	253	continued in effect as rules, fees, policies, procedures,
254	254	decisions, and forms adopted by the State Board of Education until
255	255	amended or superseded by a rule, fee, policy, procedure, decision,
256	256	or form adopted by the State Board of Education. A complaint or
257	257	investigation pending on the effective date of this Act is
258	258	continued without change in status after the effective date of this
259	259	Act.
260	260	(f) All rules, fees, policies, procedures, decisions, and
261	261	forms adopted by the Texas Education Agency or commissioner of
262	262	education relating to public school finance or fiscal management,
263	263	including the maintenance and administration of the Foundation
264	264	School Program under Chapter 48, Education Code, are continued in
265	265	effect as rules, fees, policies, procedures, decisions, and forms
266	266	adopted by the comptroller of public accounts until amended or
267	267	superseded by a rule, fee, policy, procedure, decision, or form
268	268	adopted by the comptroller of public accounts.
269	269	(g) Not later than September 1, 2026, the State Board of
270	270	Education and comptroller of public accounts, as applicable, shall
271	271	adopt any rules necessary to implement the changes in law made by
272	272	this Act.
273	273	ARTICLE 2. REPEAL OF PUBLIC SCHOOL ACCOUNTABILITY AND ASSESSMENT
274	274	SYSTEM
275	275	SECTION 2.01. Chapter 1, Education Code, is amended by
276	276	adding Section 1.008 to read as follows:
277	277	Sec. 1.008. REFERENCES TO PUBLIC SCHOOL ACCOUNTABILITY OR
278	278	ASSESSMENTS. (a) Except as provided by Subsection (b), a reference
279	279	in law to an assessment instrument adopted, developed, required, or
280	280	administered under former Chapter 39 refers to an assessment
281	281	instrument adopted, developed, required, or administered by a
282	282	public elementary or secondary school that assesses student
283	283	performance in an equivalent manner to the referenced assessment
284	284	instrument, if applicable.
285	285	(b) If a public elementary or secondary school has not
286	286	adopted or developed an assessment instrument that assesses student
287	287	performance in an equivalent manner to an assessment instrument
288	288	adopted or developed under former Chapter 39, any law relating to
289	289	the assessment of students using that assessment instrument does
290	290	not apply to the school.
291	291	(c) A reference in law to an accreditation, a financial
292	292	accountability system, or any other accountability program or
293	293	system under former Chapter 39 or an accountability intervention or
294	294	sanction under former Chapter 39A is considered expired.
295	295	SECTION 2.02. Subtitle H, Title 2, Education Code, is
296	296	repealed.
297	297	SECTION 2.03. As soon as practicable after the effective
298	298	date of this Act but not later than December 1, 2025, the Texas
299	299	Education Agency shall remove a monitor, conservator, management
300	300	team, or board of managers appointed to a school district or
301	301	open-enrollment charter school by the agency under Chapter 39A,
302	302	Education Code, as it existed before the effective date of this Act,
303	303	and return the administration and control of the school district to
304	304	the board of trustees of the district or governing body of the
305	305	school.
306	306	SECTION 2.04. This article applies beginning with the
307	307	2025-2026 school year.
308	308	ARTICLE 3. EFFECTIVE DATE
309	309	SECTION 3.01. (a) Except as provided by Subsection (b) of
310	310	this section, this Act takes effect September 1, 2025.
311	311	(b) Article 2 of this Act takes effect immediately if it
312	312	receives a vote of two-thirds of all the members elected to each
313	313	house, as provided by Section 39, Article III, Texas Constitution.
314	314	If this Act does not receive the vote necessary for immediate
315	315	effect, Article 2 of this Act takes effect September 1, 2025.