Overall Vote Recommendation

Vote No; Amend

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 5261 designates the Windham School District as the entity responsible for administering postsecondary education programs for individuals incarcerated within the Texas Department of Criminal Justice (TDCJ). To implement this responsibility, the bill requires the Windham School District and TDCJ to enter into a memorandum of understanding governing the administration of these programs. The legislation formalizes the district's role in coordinating postsecondary educational opportunities within the correctional system but does not prescribe the specific types of programs or funding mechanisms.

The bill also requires the Windham School District to establish a Postsecondary Education Advisory Board to advise TDCJ regarding postsecondary education programs offered through the district. The advisory board must include representatives from the Texas Higher Education Coordinating Board, the Texas Department of Licensing and Regulation, the Texas Workforce Commission, public institutions of higher education on a rotating basis, an organization representing the families of Windham students, an organization advocating for inmate education, and a current or former Windham School District student. This structure is intended to provide input from higher education, workforce, regulatory, advocacy, and stakeholder perspectives in developing and improving correctional postsecondary education programs.

The bill amends Chapter 19 of the Education Code by adding new Sections 19.012 and 19.013.

The Committee Substitute for HB 5261 makes several targeted changes to the originally filed bill while retaining its overall purpose of designating the Windham School District to administer postsecondary education for individuals incarcerated in the Texas Department of Criminal Justice (TDCJ). The most significant substantive revision is that the Committee Substitute removes the requirement that the Windham School District administer postsecondary education programs through partnerships with postsecondary educational institutions. Instead, it simply requires the district and TDCJ to enter into a memorandum of understanding for postsecondary education programs to be administered by the district, providing greater flexibility in how those programs may be structured and delivered.

The Committee Substitute also revises the composition of the Postsecondary Education Advisory Board by changing several categories of membership from multiple representatives to a single representative. Specifically, the originally filed bill called for representatives of the Texas Higher Education Coordinating Board, the Texas Department of Licensing and Regulation, the Texas Workforce Commission, public institutions of higher education, organizations representing inmates' families, organizations advocating for inmate education, and current or former inmates. The substitute instead specifies a representative from each state agency, a representative from a rotating public institution of higher education, a representative from each stakeholder organization, and a current or former Windham School District student rather than a current or former inmate.

Finally, the Committee Substitute updates the terminology used to describe stakeholder groups to better align with the educational mission of the Windham School District. References to "inmates of the department" are replaced with references to "the district's students," including organizations representing students' families, organizations advocating for the education of students, and a current or former district student serving on the advisory board. These changes shift the focus from individuals' incarceration status to their status as students participating in correctional education programs, while leaving the bill's effective date unchanged.

Author (3)

Charles Cunningham Rafael Anchia Mano DeAyala

Contact the Author

Rep. Charles Cunningham

Capitol Phone:

(512) 463-0520

Capitol Office:

EXT E2.410

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the state is anticipated from HB 5261. The fiscal note indicates that implementation of the bill's provisions, requiring the Windham School District and the Texas Department of Criminal Justice to enter into a memorandum of understanding for postsecondary education programs and establishing a Postsecondary Education Advisory Board, can be absorbed within existing state resources and does not require a significant increase in state expenditures.

The LBB also concludes that no fiscal implication to units of local government is anticipated. This indicates that local governments are not expected to incur additional costs or realize savings as a result of the bill's enactment.

Overall, the fiscal analysis suggests that the bill's administrative requirements are expected to be implemented using existing personnel and operational resources, without creating a meaningful fiscal impact on either state or local government budgets.

Vote Recommendation Notes

HB 5261 seeks to improve the coordination of postsecondary education programs within the Texas Department of Criminal Justice by designating the Windham School District as the program administrator and creating a permanent Postsecondary Education Advisory Board. The bill responds to declining participation in prison-based higher education and attempts to provide clearer governance over existing educational opportunities.

While the legislation does not impose new regulatory requirements on individuals or businesses and the LBB anticipates no significant fiscal impact to state or local government, it nonetheless expands the statutory responsibilities of the Windham School District and establishes a new permanent advisory body in state law. These changes increase the administrative footprint of government and create institutional structures that could support future program expansion or requests for additional appropriations, even if those effects are not reflected in the current fiscal note.

Texas Policy Research recommends that lawmakers vote NO on HB 5261 unless amended to limit long-term government growth. Amendments should eliminate or sunset the advisory board absent legislative reauthorization, clearly limit the board to an advisory role without implied policymaking authority, require periodic legislative reporting on program outcomes, and ensure that future program expansion or funding remains subject to explicit legislative approval rather than administrative discretion. With these safeguards, the bill could advance correctional education while better protecting against mission creep, unnecessary administrative expansion, and future taxpayer exposure.

Individual Liberty: The bill neither expands nor restricts individual rights. It does not create new criminal offenses, penalties, surveillance, or mandates, nor does it materially alter the rights of incarcerated individuals. While it may expand educational opportunities, those opportunities are voluntary rather than coercive.
Personal Responsibility: The bill encourages education and workforce development that may improve self-sufficiency following release. By increasing access to postsecondary education, it supports rehabilitation through individual skill development rather than direct government assistance or entitlement programs. Participation remains voluntary, reinforcing personal initiative.
Free Enterprise: The bill does not regulate private businesses, alter market competition, or impose compliance requirements on employers or educational institutions. While it may indirectly benefit employers through a better-trained workforce, it neither expands nor restricts free-market activity.
Private Property Rights: The bill does not affect ownership, use, or regulation of private property. It creates no takings authority, land-use restrictions, or property-related compliance obligations.
Limited Government: The bill expands the statutory responsibilities of the Windham School District, requires a formal memorandum of understanding with TDCJ, and creates a permanent Postsecondary Education Advisory Board. Although the LBB found no significant fiscal impact and the bill grants no additional rulemaking authority, it nonetheless increases the administrative footprint of state government and establishes a new permanent governance structure that could facilitate future program expansion.

Related Legislation

SB 1649 (Similar To)

View Bill Text and Status