SB 1750

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 1750 amends Section 12.106 of the Texas Education Code to revise the formula and conditions under which open-enrollment charter schools receive state funding for instructional facilities. Historically capped at a static $60 million statewide, the bill replaces that cap with a needs-based per-student formula that adjusts annually. The new formula ties funding to either the average interest and sinking (I&S) fund tax rate levied by traditional school districts, multiplied by a guaranteed state funding level, or a flat 6% of the basic per-student allotment—whichever is less. This change is intended to bring greater equity in funding between charter schools and traditional independent school districts.

A significant new accountability provision in the bill requires that the governing board of a charter school certify annually that no school administrator, board member, or employee receives personal financial benefit from real estate transactions involving the school. This is designed to prevent self-dealing and financial conflicts of interest in charter school facility development or leasing arrangements.

The bill also expands the list of permissible uses for the facility funding. Beyond leasing, acquiring, or maintaining instructional facilities, funds may now be used for technology purchases related to instruction, acquiring or updating school buses, and making safety or security improvements. The bill also permits funding to be applied to performing arts or athletic facilities, provided they are not stadiums with over 1,000 seats. These changes reflect an intent to allow charter schools greater flexibility in building out infrastructure that supports their educational missions while maintaining reasonable oversight.

The Committee Substitute for SB 1750 introduces several notable changes from the originally filed version, most significantly revising the proposed funding formula for open-enrollment charter schools. In the original bill, charter schools were to receive instructional facilities funding equal to the lesser of either a formula tied to local debt service tax rates or 15% of the basic allotment per student. The committee substitute lowers this upper threshold from 15% to 6% of the basic allotment, representing a substantial reduction in the maximum funding a charter school can receive per student. This shift likely reflects fiscal concerns or efforts to align the measure with budgetary constraints while still advancing charter school equity.

Another difference involves technical cleanup and renumbering. In the original bill, a new accountability requirement was added as Subsection (e-2), requiring charter school governing bodies to certify annually that no affiliated party personally benefits from real estate transactions with the school. In the Committee Substitute, this provision is retained but renumbered as Subsection (e-1) and integrated more cleanly into the existing statute. This requirement remained substantively unchanged, signaling consensus on the need for financial safeguards and transparency in the use of public funds by charter entities.

Both versions expand the permissible uses of facility funding beyond leasing and purchasing instructional space. They allow charter schools to use funds for transportation, instructional technology, school safety, and performing or athletic facilities (with a restriction on large stadiums). These additions were not revised between the original and substitute versions, indicating strong bipartisan or committee-level support for broadening how charter schools can invest in their infrastructure.

In summary, the Committee Substitute refines the original proposal by reducing the potential fiscal impact while preserving the accountability provisions and flexibility in funding usage. The lowered funding cap may reduce the overall amount available to charter schools but keeps the policy direction intact—supporting infrastructure development in charter schools while instituting anti-conflict safeguards.
Author (1)
Angela Paxton
Co-Author (1)
Adam Hinojosa
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 1750 are significant and ongoing. The bill eliminates the historical $60 million statewide cap on instructional facilities funding for open-enrollment charter schools and replaces it with a per-student allotment. This change is projected to increase state expenditures through the Foundation School Program (FSP), which distributes funding to public education entities. The Texas Education Agency estimates that the bill will result in a net negative impact to General Revenue-Related Funds of $193.2 million over the FY 2026–27 biennium.

Looking at the longer term, the cost of the bill increases each year. It is expected to cost the state approximately $92.8 million in FY 2026, growing steadily to nearly $125.7 million by FY 2030. These increases reflect growing enrollment in charter schools and the new funding formula’s structure, which ties the per-student allotment to either the statewide average interest and sinking (I&S) tax rate or a percentage (6%) of the basic allotment—whichever is lower. The design still caps individual allotments, but because it scales with enrollment and inflation, total costs rise annually.

Importantly, the fiscal note clarifies that while the bill does not make an appropriation itself, it provides the legal basis for one. The Texas Education Agency is expected to absorb any administrative costs related to implementing the bill within its current budget, indicating that the primary fiscal impact is from increased funding flowing directly to eligible charter schools.

In terms of local impact, the analysis assumes that open-enrollment charter schools would benefit directly from the increased funding but does not indicate new fiscal burdens on local governments or ISDs. Overall, while the bill supports charter school facility development, it also commits the state to a growing and unfunded fiscal obligation that will need to be addressed in future appropriations decisions.

Vote Recommendation Notes

SB 1750 represents a substantial but measured policy shift that supports the continued growth and competitiveness of open-enrollment charter schools in Texas. The bill responds to a clear funding disparity between traditional ISDs and charter schools, particularly in the area of instructional facilities—an area where charters have historically lacked access to local property tax revenue. The bill eliminates the $60 million statewide funding cap, which has not been adjusted since its establishment in 2017, despite significant increases in charter school enrollment and inflation. Instead, the bill introduces a needs-based, per-student formula that adjusts annually, ensuring a more equitable and scalable funding mechanism.

From a liberty perspective, SB 1750 upholds several key principles. It promotes individual liberty by expanding access to public charter schools, offering families more educational choices. It supports free enterprise and limited government by directing public funds through a transparent and accountable formula without creating new bureaucracies or expanding government authority. The inclusion of an anti-conflict provision requiring charter boards to annually certify that no personal financial gain is derived from real estate transactions adds a meaningful layer of personal responsibility and financial integrity.

While the fiscal impact is significant—with the Legislative Budget Board estimating over $193 million in new spending over the next biennium—the spending is targeted, bounded by a defined per-student cap, and directed solely toward infrastructure, transportation, safety, and instructional support. These are core operational needs for public schools and not areas of expansion or mission drift. Furthermore, the funding formula still includes a ceiling (6% of the basic allotment), which tempers the financial exposure and reflects a balanced policy approach.

In light of increasing charter school demand and stagnant capital funding, SB 1750 is a fiscally responsible modernization of the state’s charter school finance framework. It balances investment in public education infrastructure with safeguards to protect taxpayers. As such, Texas Policy Research recommends that lawmakers vote YES on SB 1750 as it represents an equitable education opportunity, fiscal prudence, and expanded school choice.

  • Individual Liberty: The bill enhances individual liberty by increasing access to educational options for families. Charter schools represent a form of public school choice, allowing families to opt out of traditional ISDs without forfeiting access to taxpayer-supported education. By removing the outdated $60 million cap and instituting a more equitable, enrollment-based funding model, the bill empowers more parents to access charter schools that better align with their children's needs and learning styles—especially those currently on long waitlists. It helps level the playing field, giving more families meaningful educational autonomy.
  • Personal Responsibility: The bill upholds personal responsibility through a new accountability provision that requires the governing bodies of charter schools to certify annually that no administrators or board members benefit financially from real estate transactions with the school. This anti-self-dealing safeguard reinforces ethical stewardship of public funds and discourages misuse or private enrichment from public education dollars. It places responsibility on school leadership to act in the public interest and increases transparency, reinforcing trust in charter governance.
  • Free Enterprise: Charter schools operate in a space that blends public accountability with entrepreneurial innovation. SB 1750 expands charter schools’ capacity to improve and grow by giving them access to infrastructure funding that is more comparable to what ISDs receive through local property taxes. This fosters healthy competition within the public education system, incentivizing innovation and responsiveness to student needs. Expanding allowable uses of funds—for technology, transportation, and facility improvements—also supports more efficient, mission-aligned investment decisions.
  • Private Property Rights: While the bill does not directly affect private property rights, it introduces a restriction on the financial relationships between charter school operators and real estate transactions involving the school. This is a narrowly tailored safeguard designed to prevent conflicts of interest, not an infringement on broader property rights. The bill maintains neutrality in this domain by ensuring that public funds are used responsibly without introducing new property-related regulations.
  • Limited Government: The bill advances the principle of limited government by making charter school funding more equitable through an existing mechanism—the Foundation School Program—without creating new agencies or regulatory frameworks. It sets clear bounds on how facility funds may be used and relies on existing administrative infrastructure at the Texas Education Agency for implementation. By reducing bureaucratic obstacles and ensuring funding is tied to per-student enrollment, SB 1750 reflects a lean, targeted approach to public spending that focuses on outcomes, not an expansion of government control.
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