89th Legislature

HB 100

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 100 proposes amendments to the Texas Education Code to restrict the purchase and use of certain instructional materials in Texas public schools. Specifically, the bill prohibits school districts and open-enrollment charter schools from purchasing, adopting, or using any instructional materials that appear on the State Board of Education's (SBOE) list of rejected instructional materials. This prohibition applies not only to purchases made with state instructional materials funds but also to those made with local funds or involving open educational resources.

The legislation amends Section 31.0211(f) to clarify that instructional materials with obscene or harmful content, or those on the SBOE rejection list, cannot be purchased with state funds. It also creates a new Section 31.024, which bars school districts from adopting any materials on the SBOE's rejection list. Similarly, amendments to Section 31.073 restrict the use of rejected materials in open educational resource form, and changes to Section 31.106 extend the restriction to any purchases made with local district funds.

HB 100 centralizes authority over instructional material content decisions at the state level, giving the SBOE broad power to determine which resources are deemed unacceptable for use in classrooms. The bill is scheduled to take effect beginning with the 2025–2026 school year.
Author
Terri Leo-Wilson
Bradley Buckley
Harold Dutton
Aicha Davis
Mihaela Plesa
Co-Author
Salman Bhojani
Ben Bumgarner
David Cook
Charles Cunningham
Pat Curry
Gary Gates
Cody Harris
Caroline Harris Davila
Brian Harrison
Richard Hayes
Hillary Hickland
Janis Holt
Andy Hopper
Lacey Hull
Carrie Isaac
Helen Kerwin
Marc LaHood
Jeff Leach
Mitch Little
Janie Lopez
David Lowe
John Lujan
Shelley Luther
John McQueeney
William Metcalf
Matt Morgan
Candy Noble
Mike Olcott
Tom Oliverson
Angelia Orr
Jared Patterson
Katrina Pierson
Keresa Richardson
Joanne Shofner
Shelby Slawson
David Spiller
Ellen Troxclair
Denise Villalobos
Terry Wilson
Sponsor
Mayes Middleton
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 100 is not expected to have a significant fiscal impact on the State of Texas. The analysis anticipates that any administrative or implementation costs incurred by the Texas Education Agency (TEA) related to enforcing the instructional materials restrictions can be absorbed within existing resources and budgetary allocations​.

For local governments, specifically school districts, the bill may impose compliance costs if they are currently using instructional materials that appear on the State Board of Education's (SBOE) list of rejected materials. These districts would be required to discontinue the use of such materials and potentially incur additional expenses to replace them with approved alternatives. However, the fiscal note does not quantify these local impacts, suggesting they may vary widely depending on district size, current material usage, and existing inventory.

In summary, while the state-level fiscal impact is minimal, HB 100 could create operational and budgetary pressures for local school districts that must transition away from instructional materials now deemed noncompliant under the proposed law.

Vote Recommendation Notes

HB 100 strengthens the role of the State Board of Education (SBOE) by codifying prohibitions against the use of instructional materials that have been formally rejected by the board. The bill clarifies that public school districts and open-enrollment charter schools may not purchase or use these rejected materials, regardless of whether state instructional materials funds or local funds are used, and extends this restriction to open educational resources. This change ensures full alignment with the Texas Essential Knowledge and Skills (TEKS) curriculum standards and supports consistent academic quality across all public classrooms.

It is appropriate and necessary for the state to enforce minimum quality and content standards through a democratically accountable body like the SBOE. By requiring schools to comply with these standards—even when using local funds—HB 100 ensures that all public education materials meet baseline expectations for academic rigor and age-appropriateness. It also reinforces the state’s responsibility to protect students from materials deemed unsuitable or inconsistent with TEKS.

While some may raise concerns about state overreach, this bill represents a measured and focused policy aimed at preserving the integrity of Texas public education. It does not limit private or supplemental educational choices, nor does it restrict innovation outside the public system. Instead, HB 100 reinforces the SBOE’s role as a quality control body for publicly funded instruction and enhances trust in the content delivered in Texas classrooms. As such, Texas Policy Research recommends that lawmakers vote YES on HB 100.

  • Individual Liberty: The bill bolsters individual liberty in the public education context by ensuring that students and families are not subjected to instructional materials that the State Board of Education (SBOE) has deemed inappropriate—particularly those flagged as obscene, harmful, or misaligned with state curriculum standards (TEKS). This empowers parents by giving them a clearer expectation of the academic and moral guardrails within public schools, reinforcing a sense of trust in publicly funded education. While the bill may limit exposure to a broader range of content, it does so through a transparent, public review process overseen by elected SBOE members.
  • Personal Responsibility: The bill promotes the principle of personal and institutional responsibility by holding school districts accountable for ensuring their instructional materials meet state standards. It sends a message that public institutions must steward their resources—whether from the state or local taxpayers—in a manner consistent with educational expectations. Schools are expected to take responsibility for their material choices and cannot sidestep quality controls by shifting to local funds or alternative sources.
  • Free Enterprise: The bill restricts the public market for educational publishers by prohibiting the use of SBOE-rejected materials in any publicly funded context, including open education resources and local purchases. While this may limit opportunities for some vendors, it also creates a fairer playing field by requiring all instructional content providers to meet clearly defined quality standards to access the public education market. Rather than suppressing competition outright, the bill redirects it toward meeting objective benchmarks, which can ultimately enhance educational quality.
  • Private Property Rights: The bill affects the autonomy of local school districts in how they choose to allocate their local property tax funds for educational materials. By prohibiting them from using local funds to acquire materials rejected by the SBOE, the bill imposes a new constraint on local decision-making. While this limits the discretionary use of local resources, it reflects a belief that public funds—regardless of source—should align with a unified, state-established academic standard for the sake of consistency and student welfare.
  • Limited Government: Though the bill increases the state’s regulatory reach over local schools, it does so in service of a core constitutional function: ensuring a uniform system of public education. The SBOE is an elected body charged with maintaining curricular integrity. The bill reinforces this mandate by preventing circumvention through local purchases. From this perspective, the bill reflects a properly limited government action—exercising oversight where it has been explicitly entrusted to do so.
View Bill Text and Status