According to the Legislative Budget Board (LBB) there are no anticipated fiscal implications for the state of Texas. The bill, authored by Representative Ashby, seeks to update the terminology used in the Education Code regarding assessment instruments administered to public school students, specifically replacing outdated references to the "ACT-Plan" with "PreACT" and clarifying the use of standardized tests like the PSAT and SAT for end-of-course assessment purposes.

The LBB's analysis indicates that the changes proposed in the bill do not require any additional state funding or adjustments to existing financial resources. This conclusion is based on input from the Texas Education Agency, which determined that updating the terminology and aligning assessment practices with current standards would not create new financial burdens or operational costs.

Furthermore, the LBB notes that there is no expected fiscal impact on local government entities. School districts and educational institutions are not anticipated to incur additional costs as a result of implementing the changes specified in HB 3797. As the bill primarily involves updating language rather than introducing new programs or mandates, it is considered fiscally neutral at both the state and local levels.

HB 3797 is a straightforward update to the Texas Education Code to reflect changes in standardized testing terminology. The bill replaces references to the discontinued "ACT-Plan" with "PreACT" throughout statutory provisions related to standardized testing and academic distinction for public school students. The need for this update arises from the fact that ACT, Inc. discontinued the ACT-Plan test in 2014 and replaced it with the PreACT in 2016. However, Texas statutes have not yet been updated to reflect this change, which can cause confusion in how assessments are recognized and used for academic distinction designations.

The bill ensures that students who take and pass the PreACT receive the same recognition for satisfactory end-of-course assessment as those who would have taken the now-obsolete ACT-Plan. This update will also help school districts accurately administer the appropriate number of benchmark tests and maintain clarity in how academic distinction designations are awarded. The bill analysis confirms that HB 3797 does not introduce any new criminal offenses, modify existing ones, or change eligibility for community supervision or parole. Additionally, it does not grant any new rulemaking authority to state agencies, keeping its focus solely on updating language for consistency with current standardized testing practices.

From a fiscal perspective, the Legislative Budget Board has stated that there is no anticipated fiscal impact on either the state or local governments, as the bill does not introduce new programs or mandates. The proposed changes are administrative and terminological in nature, ensuring that Texas law accurately reflects existing educational practices.

In terms of liberty principles, HB 3797 aligns with individual liberty by providing clarity for students who take the PreACT, ensuring their efforts are adequately recognized. It also promotes limited government by maintaining up-to-date and accurate statutory language without imposing additional regulations or requirements. Given the practical nature of the changes and the lack of fiscal impact, the bill warrants support, and Texas Policy Research recommends that lawmakers vote YES on HB 3797.

• Individual Liberty: HB 3797 supports individual liberty by ensuring that students who take the PreACT, a modern and widely recognized assessment, receive the same recognition as those who took the now-obsolete ACT-Plan. By modernizing the language in the Education Code, the bill affirms students’ right to have their academic achievements accurately acknowledged. This promotes educational fairness and ensures that students are not disadvantaged due to outdated terminology.
• Personal Responsibility: The bill indirectly promotes personal responsibility by clarifying which standardized tests can fulfill end-of-course requirements. Students who choose to take the PreACT, PSAT, SAT, or ACT as part of their college readiness preparation can be confident that their efforts will be properly recognized. This clarity encourages students to take ownership of their educational journey by selecting assessments that align with both college admissions and state requirements.
• Free Enterprise: HB 3797 indirectly supports free enterprise by recognizing standardized tests that are widely used in higher education admissions and by businesses seeking to assess college readiness. By maintaining alignment with current practices in standardized testing, the bill ensures that Texas students remain competitive within the broader educational landscape. This alignment helps schools and testing companies provide relevant, recognized assessments without navigating outdated regulations.
• Private Property Rights: The bill has no direct impact on private property rights. Its focus is on updating educational terminology rather than affecting property ownership or related liberties.
• Limited Government: The bill exemplifies limited government by modernizing statutory language without introducing new mandates or increasing bureaucratic complexity. Instead, it simply updates references to ensure clarity and accuracy, allowing existing education policies to function without the confusion caused by outdated terminology. This streamlined approach respects the principle of keeping government regulations minimal and relevant.

• SB 1418 (Same As)