89th Legislature Regular Session

HB 4359

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4359 proposes to amend Chapter 325 of the Texas Government Code to mandate that the Sunset Advisory Commission conduct periodic operational reviews and forensic audits of certain public school districts in Texas. Under this bill, each review cycle would involve the Commission selecting two school districts from a specific Education Service Center (ESC) region: one district with the highest instructional spending per student and one with the lowest, based on data from the Texas Education Agency.

The reviews are to be conducted as if the school district were a state agency, though with one crucial distinction: school districts reviewed under this section may not be abolished by the Commission. The purpose of the reviews is to evaluate the districts’ use of funds, identify inefficiencies or practices that detract from instructional spending, and assess areas such as governance, operating structure, and statutory compliance.

A report must be produced following each review, detailing findings and providing recommendations for improvement. These could include suggestions to redirect resources toward classroom instruction, streamline management, or correct legislative noncompliance. The bill establishes October 31 of each odd-numbered year as the deadline by which the Commission must choose the ESC region for that cycle’s reviews.

HB 4359 represents a novel application of the Sunset process to local education entities, emphasizing fiscal transparency and instructional prioritization in school district spending practices.

The substituted version of HB 4359 refines the original bill primarily through improved language clarity and technical drafting adjustments, rather than substantive policy changes. One of the key differences is the treatment of school districts subject to review by the Sunset Advisory Commission. The original bill refers to the districts in plural form, suggesting collective treatment under the statute. In contrast, the substitute version revises this phrasing to treat each district individually—“a school district… is subject to the requirements of this chapter…”—bringing the language in line with standard statutory interpretation and reducing ambiguity about how oversight provisions apply to each district.

Another noticeable change is the restructuring and streamlining of statutory subsections. While the substance remains consistent—requiring the Commission to select one Education Service Center region and audit the districts with the highest and lowest instructional spending per student—the substitute organizes the provisions more clearly. These edits include clearer subsection formatting and alignment with the Texas Legislative Council’s drafting guidelines. This helps ensure the bill is easier to read, interpret, and implement within existing administrative structures.

Finally, minor edits throughout the bill—such as punctuation, grammar, and word choice—demonstrate attention to legislative drafting standards without changing the bill’s intent. The substitute version, therefore, represents a cleaner, more precise articulation of the original policy goal: to enhance financial transparency and operational accountability in public education through targeted, recurring Sunset reviews of school districts. These changes reflect typical committee-level refinement to improve legal robustness and readability ahead of broader legislative consideration.
Author
Giovanni Capriglione
Janie Lopez
Carl Tepper
Mano DeAyala
Sponsor
Phil King
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 4359 reflect a modest but ongoing cost to the state, specifically to the General Revenue Fund. According to the Legislative Budget Board’s fiscal note, the bill is projected to result in a negative impact of approximately $1.2 million over the biennium ending August 31, 2027, with annual costs thereafter stabilizing around $596,040 per fiscal year.

The majority of the bill’s fiscal impact stems from staffing and operational costs incurred by the Sunset Advisory Commission to carry out the mandated forensic audits and reviews of two school districts per cycle. The Commission estimates the need to hire five full-time staff, including two auditors, one data analyst, and two policy analysts. These staff members would be tasked with executing the reviews, performing data analysis, and producing the required reports. Initial startup costs in FY 2026 are slightly higher due to hiring and program implementation expenses, totaling $621,040, while costs in subsequent years drop slightly to reflect stabilized operations.

In addition to personnel, the Commission anticipates incurring travel costs related to visiting school districts, many of which may be located in different Education Service Center regions across the state. Although the bill itself does not appropriate funds, it would create the legal framework to support future appropriations to cover these operational costs. On the local level, school districts selected for review may also experience administrative burden and resource strain as they are required to dedicate staff time and information to support the auditing process.

In summary, while the bill introduces new costs to the state budget, they are relatively contained and directed toward oversight and efficiency efforts. The investment is intended to yield long-term benefits in public school financial transparency and operational improvement.

Vote Recommendation Notes

The central aim of HB 4359 is to promote better fiscal management and instructional efficiency within Texas school districts by subjecting a small, targeted sample of districts to forensic audits and Sunset-style operational reviews. The bill responds to a legitimate policy concern: despite substantial state and local investment in public education, many districts vary widely in how much of their budget is devoted to actual classroom instruction. By requiring the Sunset Advisory Commission to examine both the highest- and lowest-spending districts within a selected education service center region each review cycle, the bill is structured to offer a non-punitive, balanced mechanism to uncover both inefficiencies and models of best practice.

From a liberty-oriented policy framework, HB 4359 reflects several core principles. It supports limited government by using existing oversight mechanisms (the Sunset Commission) without creating a new bureaucracy. It enhances individual liberty and personal responsibility by promoting fiscal transparency in how tax dollars are spent to educate students. While it introduces a modest cost to the state—an estimated $1.2 million over the first biennium—it also offers the potential for long-term savings by identifying and addressing inefficient school district practices.

Importantly, the bill does not grant the Sunset Commission authority to abolish school districts, thereby preserving local control while still fostering accountability. It is also tailored to have minimal rulemaking impact and does not create new criminal penalties or regulatory burdens. As such, HB 4359 represents a prudent, non-intrusive step toward better educational outcomes and public sector efficiency. As such, Texas Policy Research recommends that lawmakers vote YES on HB 4359.

  • Individual Liberty: The bill does not restrict or impose on individual rights. Instead, it enhances liberty by increasing transparency around how public funds are used in education. When taxpayers can clearly see how school districts spend their money—especially whether it's actually benefiting students in the classroom—they are more empowered to hold local officials accountable.
  • Personal Responsibility: This bill promotes greater accountability among school district leadership by shining a light on inefficient or wasteful practices. It encourages administrators to take responsibility for how they manage their budgets and rewards those who use resources effectively to improve student learning.
  • Free Enterprise: Although the bill doesn’t regulate private industry, its focus on efficient public sector management can reduce unnecessary government spending and taxation over time. That, in turn, supports a healthier economic environment and reduces distortions caused by inefficient public sector practices.
  • Private Property Rights: The bill does not directly affect property rights. However, since school funding is closely tied to local property taxes, any improvements in spending efficiency could reduce pressure for future tax increases, thereby indirectly respecting property owners’ financial interests.
  • Limited Government: The bill reinforces the principle of limited government by using an existing oversight body (the Sunset Advisory Commission) rather than creating a new agency. It imposes no new regulatory burdens and explicitly states that school districts cannot be abolished through the review process. The goal is not to expand state control but to ensure that public education funds are being used wisely and effectively.
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