89th Legislature

HB 2

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2 is a comprehensive bill focused on overhauling teacher compensation and public school finance in Texas. Central to the legislation is an expansion of the local optional teacher designation system (LOTS), allowing districts to classify teachers as "master," "exemplary," "recognized," or "acknowledged" for five-year periods based on performance-based appraisals. The bill introduces new criteria to enhance these designations, including automatic recognition for teachers holding a National Board Certification, and grants the Texas Education Agency (TEA) commissioner authority to designate or remove enhanced teacher incentive status from participating school districts.

The bill creates a state-administered grant program designed to help school districts implement or expand their local designation systems. The TEA is required to provide technical assistance, models for designation plans (especially for special populations like bilingual and special education teachers), and facilitate partnerships between districts. Districts that implement robust performance-based evaluation systems for both teachers and campus administrators may qualify for additional recognition and financial incentives under this enhanced status framework.

Additionally, the bill mandates the TEA to contract with a third party to provide liability insurance and other legal support services to teachers employed under a probationary, continuing, or term contract. The law also amends existing Education Code provisions to allow payroll deduction of dues not only for professional organizations but also for entities providing these teacher services. Importantly, such third-party providers are prohibited from engaging in political advocacy using state funds, ensuring compliance with government neutrality standards.

Overall, HB 2 seeks to improve teacher quality and retention through differentiated pay, enhanced support, and local flexibility, while also embedding new layers of oversight and accountability through the TEA’s expanded role.

The Senate Committee Substitute for HB 2 introduces a range of structural and policy modifications compared to the House Engrossed version, reflecting both technical refinements and substantive shifts in public school finance and teacher compensation mechanisms.

One of the most significant differences lies in the treatment of the Enhanced Teacher Incentive Allotment. In the House Engrossed version, designations like "acknowledged" teacher and automatic eligibility for teachers with National Board Certification were proposed. The Senate Committee Substitute maintains these provisions but adds a formal process for the Texas Education Agency (TEA) to evaluate, designate, and post a public list of “enhanced teacher incentive allotment schools.” This creates a more transparent and performance-based designation framework, and requires adherence to specific evaluation systems aligned with teacher appraisals.

Another key change is in the local optional teacher designation system grant program. While both versions establish such a grant program, the Senate Committee Substitute more clearly details the criteria for eligibility, including enhanced reporting requirements and regional leadership capacity building, which were more general in the House version. The Senate version also places a stronger emphasis on technical assistance and support for implementation, particularly for underserved and high-needs campuses.

In terms of charter school funding, the Senate version adds additional conditions on eligibility for facilities allotments, including accountability and financial performance standards, as well as a requirement that charter schools disclose any potential conflicts of interest in real estate dealings. These transparency measures were not included in the House Engrossed version.

Furthermore, while both versions address teacher liability insurance and legal assistance, the Senate Substitute includes new guardrails prohibiting the contracted provider from using funds for political purposes or advocacy, enhancing neutrality in service provision.

Finally, while the House version includes broader education finance reforms, such as basic allotment increases and changes to compensatory education weights, these were retained and in some cases expanded in the Senate version to include performance benchmarks and fiscal caps on certain allotments. For instance, limits on total state costs for incentive allotments and prioritization of grants based on need were clarified in the Senate version.

Overall, the Senate version of HB 2 refines and tightens oversight on teacher compensation reforms, enhances transparency in charter operations, and imposes clearer structure on grant distribution and performance evaluation mechanisms.
Author
Bradley Buckley
Diego Bernal
Ryan Guillen
Co-Author
Jeffrey Barry
Cecil Bell, Jr.
Keith Bell
Salman Bhojani
Greg Bonnen
Ben Bumgarner
Angie Chen Button
Giovanni Capriglione
David Cook
Tom Craddick
Charles Cunningham
Pat Curry
Drew Darby
Jay Dean
Mano DeAyala
Mark Dorazio
Paul Dyson
Caroline Fairly
James Frank
Gary Gates
Stan Gerdes
Jessica Gonzalez
Cody Harris
Caroline Harris Davila
Richard Hayes
Cole Hefner
Hillary Hickland
Janis Holt
Lacey Hull
Todd Hunter
Carrie Isaac
Helen Kerwin
Ken King
Stan Kitzman
Marc LaHood
Suleman Lalani
Stan Lambert
Brooks Landgraf
Jeff Leach
Terri Leo-Wilson
Janie Lopez
A.J. Louderback
J. M. Lozano
John Lujan
Shelley Luther
Don McLaughlin
John McQueeney
William Metcalf
Morgan Meyer
Eddie Morales
Candy Noble
Tom Oliverson
Angelia Orr
Jared Patterson
Dennis Paul
Vincent Perez
Katrina Pierson
Richard Raymond
Ron Reynolds
Keresa Richardson
Ana-Maria Ramos
Matthew Shaheen
Joanne Shofner
Shelby Slawson
John Smithee
David Spiller
Valoree Swanson
Carl Tepper
Steve Toth
Ellen Troxclair
Cody Vasut
Denise Villalobos
Wesley Virdell
Trey Wharton
Terry Wilson
Sponsor
Brandon Creighton
Co-Sponsor
Carol Alvarado
Paul Bettencourt
Brian Birdwell
Cesar Blanco
Donna Campbell
Peter Flores
Brent Hagenbuch
Bob Hall
Kelly Hancock
Adam Hinojosa
Juan Hinojosa
Joan Huffman
Phil King
Jose Menendez
Borris Miles
Tan Parker
Angela Paxton
Kevin Sparks
Royce West
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 2 are substantial, reflecting a significant investment in Texas public education, teacher compensation, and special education services. According to the Legislative Budget Board’s fiscal note, the bill would have a projected negative impact of approximately $7.81 billion on General Revenue-related funds over the 2026–2027 biennium. The annual cost is expected to increase steadily, reaching nearly $4.8 billion by fiscal year 2030.

Key cost drivers include the expansion and enhancement of the Teacher Incentive Allotment (TIA), the creation of new teacher designation tiers, and the establishment of multiple new funding streams under the Foundation School Program (FSP). These include a teacher retention allotment, regional insurance cost offsets, and increased basic allotments with a new "Guaranteed Yield Increment Adjustment." TEA anticipates increasing costs for teacher salaries, including $10 million in one-time payments for newly certified teachers and up to $35 million annually for the Preparing and Retaining Educators through Partnership (PREP) Programs.

Additionally, special education funding reforms represent a major fiscal commitment. Starting in FY 2027, the bill introduces a multi-tiered weighting system and new service group allotments, with a $350 million increase over the baseline projected for that year alone. New programs such as parent-directed grants, day placement program support, and evaluation-based special education funding are estimated to cost hundreds of millions of dollars annually. Several of these programs are designed with future growth and flexibility based on legislative appropriations.

Beyond the Foundation School Program, the bill imposes operational costs on the Texas Education Agency (TEA) and other agencies, requiring new staff and information technology resources to support program implementation, oversight, and data reporting. TEA expects to hire more than 100 new employees and anticipates IT expenditures exceeding $13 million through FY 2027.

In summary, HB 2 represents a sweeping overhaul of public education finance, demanding considerable state investment to support expanded compensation, enhanced instruction, and stronger services for students with disabilities. While its fiscal footprint is large, its proponents frame it as a foundational investment in educational quality and teacher workforce sustainability across Texas.

Vote Recommendation Notes

HB 2, as substituted and reported from the Senate Committee on Education, significantly expands the scale and scope of state involvement in public education without enacting meaningful structural reforms. While the bill contains well-intentioned efforts to improve educator compensation, bolster support for special education, and increase funding parity for charter schools, the breadth of new programs, lack of prioritization, and sweeping centralization of power raise critical concerns regarding fiscal responsibility, accountability, and local control.

The bill commits over $7.8 billion in general revenue across the 2026–2027 biennium and authorizes numerous new funding allotments, grant programs, and administrative mandates—all coordinated centrally through the Texas Education Agency (TEA). Yet, there is insufficient assurance that these dollars will be spent effectively or reach the classroom in ways that directly benefit students. Only a fraction of the increased basic allotment is mandated for teacher pay, and even within that, much of the funding can be used for general compensation purposes across broader staff categories. This introduces a risk that funds may be absorbed into existing bureaucracies without materially improving instruction or outcomes.

Further, HB 2 expands the reach of TEA and the Commissioner of Education by granting extensive rulemaking and discretionary authority over funding formulas, program eligibility, and district compliance. This centralization of power not only weakens legislative oversight but also undermines local governance. For example, the bill allows the Commissioner to unilaterally designate "enhanced teacher incentive allotment schools" and modify special education funding mechanisms, effectively bypassing locally elected boards and community priorities.

On the charter school front, the bill redefines charter schools as equivalent to independent school districts for zoning and municipal regulatory purposes, removing prior requirements that ensured transparency and local input. This preemption of local authority diminishes community self-determination and raises potential equity concerns, particularly in densely populated municipalities where land-use planning is complex and contested.

The bill also adds or expands nearly two dozen grant and support programs, ranging from teacher pipelines to extended school years, many of which require new administrative structures, staff, and oversight mechanisms. Instead of simplifying or reforming existing systems, HB 2 builds layers of new bureaucracy, increasing operational complexity at the state level. This is particularly concerning given the longstanding challenges in managing the state’s public education bureaucracy effectively and transparently.

Even the bill’s promising components, such as performance-based teacher incentives and special education reforms, fall short in execution. The expanded Teacher Incentive Allotment remains difficult to implement in under-resourced districts that lack the capacity to manage designation systems. Meanwhile, special education reforms—though more equitable in concept—are left heavily dependent on future rulemaking and appropriations, leaving uncertainty about long-term viability and outcomes.

In totality, HB 2 represents a dramatic increase in public education spending, regulation, and administrative reach, without commensurate guarantees of improved student performance, efficient resource use, or respect for local decision-making. For these reasons, and in keeping with principles of limited government, fiscal prudence, and accountability to educators and taxpayers alike, Texas Policy Research recommends that lawmakers vote NO on HB 2.

  • Individual Liberty: The bill includes a few provisions that give a modest nod to individual liberty, particularly for parents and students. It expands access to certain education options by increasing state support for open-enrollment charter schools, establishes parent-directed special education service grants, and encourages public-private partnerships in prekindergarten delivery. However, these options are narrowly framed within state-defined systems. Parents are not given true control over per-pupil education dollars (such as through universal education savings accounts), and outside of special education, families still have limited ability to choose non-government schooling with public support. Thus, while there are incremental gains in choice within public schooling, individual liberty in education remains highly constrained by state-defined limits.
  • Personal Responsibility: The bill attempts to promote personal responsibility through performance-based teacher incentives, such as the expansion of the Teacher Incentive Allotment (TIA) and the designation of "acknowledged" teachers. These systems aim to reward educators based on effectiveness, and districts can gain enhanced status if they adopt rigorous evaluation systems. However, the implementation of these mechanisms is uneven. Many of the incentive programs depend on district-level administrative capacity, meaning teachers in rural or resource-limited areas may be excluded despite strong performance. Additionally, a large portion of the new funding is not tied to performance or merit, diluting the incentive structure. Personal responsibility is thus encouraged in rhetoric, but undercut in practice by systemic inequities and uneven resource distribution.
  • Free Enterprise: The bill takes limited steps to open education to market principles. It expands charter school access and facilities funding, supports partnerships with community-based pre-K providers. and it introduces competitive grant programs for teacher preparation. Yet the overall structure of the bill consolidates control within the Texas Education Agency (TEA) and directs most funding through state-administered programs. Many of these grants and initiatives are heavily regulated, with eligibility and administration dictated by state officials. This crowds out the potential for organic market-driven solutions and entrepreneurial innovation in education. In effect, the bill creates a state-managed educational market rather than a truly free one.

  • Private Property Rights: A key concern with the bill is its expanded regulatory preemption for charter schools. By amending Section 12.1058(d) of the Education Code, the bill exempts charter schools from many local zoning, permitting, and land-use regulations, without requiring them to certify educational use. While this may streamline construction and development for charters, it overrides local governments’ ability to manage community land use and safeguard neighborhood property rights. Additionally, the bill repeals certain transparency safeguards that previously prevented charter officials from profiting from real estate deals with their schools. These changes raise legitimate concerns about the potential for misuse of public resources and a weakening of local community governance.

  • Limited Government: The bill stands in direct opposition to the principle of limited government. It creates or expands at least two dozen state-administered funding allotments, grant programs, and technical assistance initiatives. The Texas Education Agency is granted expansive authority over implementation, compliance, and rulemaking, including the ability to designate funding criteria, approve or disqualify districts from program participation, and modify funding formulas based on administrative discretion. No major existing programs are repealed or consolidated. Rather than streamlining or decentralizing education governance, the bill builds a more complex, expensive, and centralized bureaucracy. It grows both the footprint and cost of the state in public education, while offering limited evidence that these interventions will produce meaningful improvements in outcomes.

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