Overall Vote Recommendation

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 4893 establishes the Breakthrough program within the Texas Education Agency (TEA) to provide postsecondary advising for students who are the first in their families to pursue a postsecondary certificate or degree or who are educationally disadvantaged. Under the bill, the commissioner of education is required to establish the program through a collaboration between TEA and a nonprofit organization that will deliver advising and support services to eligible students.

The bill directs the commissioner to coordinate the program with social service organizations, public schools, and other partners to help students complete key milestones needed for high school graduation and successful enrollment in postsecondary education. It also requires the commissioner to establish and evaluate performance measures related to academic achievement, student promotion and graduation, and postsecondary enrollment. Additionally, TEA must assist participating communities in developing local funding sources, provide training and technical assistance, and adopt and annually update rules governing program administration and business participation.

The Committee Substitute requires each local Breakthrough program to develop a funding plan that maintains services if state funding is reduced and authorizes local programs to accept federal, state, grant, and private donation funding. It further requires TEA to perform all program functions assigned to the agency and prohibits contracting those responsibilities to a private entity.

The Committee Substitute for HB 4893 substantially restructures the originally filed bill by replacing a direct partnership with the existing Breakthrough organization with a broader state-administered program. Rather than defining "Breakthrough" as a specific postsecondary advising program and directing TEA to work directly with that entity, the substitute requires the commissioner of education to establish the Breakthrough program through a collaboration with a nonprofit organization. It also broadens eligibility by replacing the original criterion of students eligible for free or reduced-price lunch with students who are educationally disadvantaged, while continuing to serve first-generation postsecondary students.

The substitute also reorganizes the administration of the program. Instead of directing the commissioner to support and cooperate with an identified Breakthrough organization, the committee substitute places primary responsibility on the commissioner and TEA to establish the program, evaluate performance, support local implementation, and adopt rules governing program operations. It clarifies that the commissioner, not the nonprofit partner, must establish performance goals, evaluate progress toward those goals, and coordinate the program with social service organizations, schools, and local businesses.

The Committee Substitute also narrows and simplifies several operational provisions. The originally filed bill required TEA and the Breakthrough organization to work together to maximize program effectiveness and expressly authorized local programs to accept public and school district funds in addition to federal funds, state funds, private contributions, and grants. The substitute removes the separate cooperation provision, instead requiring TEA to support the development and implementation of local programs, and revises the funding language to authorize local programs to accept federal money, state money, donations, and grants, while omitting the specific references to public and school district funds. Additionally, references to a "Breakthrough State Office" are removed, leaving TEA directly responsible for carrying out all agency functions and prohibiting the agency from contracting those responsibilities to a private entity.

Author (5)

Rhetta Bowers

Armando Walle

John McQueeney

Rafael Anchia

Charles Cunningham

Co-Author (2)

Alma Allen

Penny Morales Shaw

Contact the Author

Rep. Rhetta Bowers

Capitol Phone:

(512) 463-0464

Capitol Office:

EXT E2.214

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the LBB, no significant fiscal implication to the state is anticipated from implementing the Committee Substitute for HB 4893. The LBB assumes that any administrative costs associated with establishing and operating the Breakthrough program can be absorbed using the Texas Education Agency's existing resources, indicating that the bill is not expected to require additional state appropriations or create a significant new financial obligation for the state.

The fiscal note also concludes that no significant fiscal implications for units of local government is anticipated. Although the bill requires participating local programs to develop funding plans and authorizes them to accept federal funds, state funds, donations, and grants, the LBB does not expect these provisions to impose meaningful costs on school districts or other local governmental entities.

Vote Recommendation Notes

While the stated objective of improving postsecondary advising for first-generation and educationally disadvantaged students is commendable, the Committee Substitute for HB 4893 accomplishes that objective by expanding the role of state government rather than relying on voluntary, local, or market-based solutions. The bill creates a new statutory program within the Texas Education Agency, assigns ongoing administrative responsibilities to the commissioner, requires annual rulemaking, establishes statewide performance metrics, and formalizes TEA's coordination with nonprofit organizations, schools, social service agencies, and local businesses. These changes increase the scope of state government even though they do not currently require a significant appropriation.

Although the LBB anticipates no significant fiscal impact, the bill nevertheless establishes a permanent state program that future legislatures could choose to expand. History suggests that new education initiatives often generate future requests for additional appropriations and administrative staff. The absence of a sunset provision, funding cap, or statutory limitation on future expansion leaves open the possibility of continued government growth despite the bill's modest initial fiscal impact.

The legislation also increases administrative discretion by authorizing the commissioner to adopt and annually update rules governing multiple aspects of the program, including "other aspects of the program the commissioner determines appropriate." From a limited-government perspective, policy decisions of this nature are better established directly in statute rather than delegated to an executive agency.

Finally, the bill addresses a need that is already served by numerous school districts, higher education institutions, private nonprofits, churches, scholarship organizations, and community groups across Texas. Rather than creating a new statewide program, lawmakers could encourage these existing efforts through deregulation, removal of barriers, or voluntary partnerships without expanding TEA's mission. For lawmakers who prioritize limited government, local control, and civil society over state-administered programs, these concerns outweigh the bill's potential benefits, which is ultimately why Texas Policy Research recommends that lawmakers vote NO.

Individual Liberty: The bill neither restricts nor expands individual rights. It does not create mandates, prohibitions, penalties, or new enforcement authority over individuals. Participation in the Breakthrough program is voluntary, and the bill primarily concerns the administration of educational advising services rather than individual freedoms.
Personal Responsibility: The bill shifts responsibility for navigating postsecondary education toward a state-administered program rather than leaving that role primarily to students, families, schools, private counselors, and community organizations. While intended to assist students facing educational barriers, it expands the state's role in providing guidance and support that could otherwise be supplied through voluntary or local initiatives.
Free Enterprise: The bill imposes no new regulations, licensing requirements, taxes, or mandates on businesses. Although TEA is directed to encourage local business participation in the program, participation remains voluntary, and the legislation does not materially affect market competition or private enterprise.
Private Property Rights: The bill does not affect ownership, use, transfer, or regulation of private property. It grants no eminent domain authority, creates no land-use restrictions, and imposes no property-related compliance requirements.
Limited Government: This is the bill's most significant liberty concern. It creates a new statutory statewide program within the Texas Education Agency, expands the commissioner's duties, grants ongoing rulemaking authority, establishes statewide performance measures, and formalizes TEA's role in coordinating educational advising with nonprofit organizations, schools, and community partners. Although the Legislative Budget Board anticipates no significant fiscal impact, the bill nevertheless expands the scope of state government and creates a permanent program without a sunset provision or statutory limitation on future growth.

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