89th Legislature Regular Session

SB 546

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 546 seeks to enhance student transportation safety by amending Section 547.701 of the Texas Transportation Code. The bill focuses on expanding and reinforcing requirements for three-point seat belts in school buses used to transport children. Under current law, school districts could opt out of the seat belt mandate for certain bus models based on financial constraints or vehicle warranties. This bill removes outdated model-year exemptions and revises the criteria for financial exemptions.

Specifically, the bill mandates that all school buses—whether owned or contracted by a district—be equipped with three-point seat belts for each passenger, including the operator. If a school board determines it cannot comply due to budget limitations, it must publicly vote on that determination and submit a detailed report to the Texas Education Agency (TEA). This report must include the number and types of buses with or without compliant seat belts and provide cost estimates for achieving compliance.

The legislation also directs TEA to compile statewide data from district reports and estimate the total funding needed to bring all school transportation into full compliance. These findings must be made available to key state leaders, including the Governor and legislative leadership. Additionally, school districts are explicitly authorized to accept private funding, including gifts, grants, and donations, to implement the requirements. Enforcement of the new provisions is delayed until September 1, 2029, allowing districts time to prepare.

The originally filed version of SB 546 focused primarily on modifying the existing seat belt requirements for school buses used to transport children by allowing two-point seat belts as an alternative when three-point belts are not deemed feasible by the local school board. Specifically, it permitted school districts to equip buses with two-point belts if the board determined—based on budget constraints and student needs—that three-point belts were not practical. This version also removed prior exemptions based on the model year of the bus (2017 and earlier), and allowed school districts to accept gifts, grants, and donations to support seat belt implementation.

In contrast, the Committee Substitute significantly strengthens the seat belt mandate. It eliminates the option for two-point belts entirely and instead reaffirms that all buses transporting schoolchildren must be equipped with three-point seat belts for every passenger, including the driver, unless specific exemptions are claimed. Notably, the substitute version tightens the process for claiming financial exemptions by requiring districts to publicly present and submit a formal report to the Texas Education Agency (TEA). This report must include the number of buses lacking three-point belts and an estimate of costs to upgrade, thus increasing transparency and oversight.

Furthermore, the Committee Substitute directs the TEA to collect data statewide, calculate the total cost of achieving compliance, and share findings with state leadership. It also delays full enforcement of the seat belt requirements until September 1, 2029, whereas the originally filed version contained no such transition period—its changes would have become effective in 2025. This delayed implementation provides school districts more time to prepare for compliance.

Overall, the Committee Substitute represents a more comprehensive and structured approach to implementation, with added transparency, data collection, and a defined compliance timeline, while the originally filed version provided greater short-term local flexibility.
Author
Jose Menendez
Co-Author
Sarah Eckhardt
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 546 is not expected to have any fiscal implications for the state. The analysis assumes that any administrative responsibilities required by the bill—such as the collection and reporting of school bus seat belt data by the Texas Education Agency (TEA)—can be managed with the agency’s existing resources and without the need for additional appropriations.

However, the bill does have notable implications for local governments, particularly public school districts. School districts will be required to conduct inventories of their transportation fleets and submit reports to TEA indicating how many buses are equipped with two-point, three-point, or no seat belts at all. In addition, they must estimate the cost of upgrading non-compliant buses to meet the new three-point seat belt standard. While the bill itself does not mandate immediate spending, it establishes a clear expectation of future compliance, which could result in significant local expenditures as districts work toward the 2029 deadline for full compliance.

The bill attempts to mitigate financial strain on local districts by permitting the acceptance of gifts, grants, and donations to offset the cost of compliance. Additionally, by delaying mandatory implementation until 2029, the legislation gives districts a longer horizon to plan for and budget these capital improvements. Ultimately, while the state budget remains unaffected, the fiscal burden of implementation rests with local school districts, many of which will likely experience moderate to substantial costs depending on their current bus fleet configurations and available resources.

Vote Recommendation Notes

SB 546, while well-intentioned in its focus on student safety, represents a case of legislative overreach without clear evidence of a widespread or urgent problem. The bill mandates that all school buses operated by or for school districts be equipped with three-point seat belts, removing prior exemptions tied to model year and increasing administrative obligations on local school boards. Though districts may claim a financial hardship exemption and the mandate is delayed until 2029, the bill still imposes significant costs and compliance burdens without any state funding. This positions the bill squarely in the category of an unfunded mandate, shifting responsibility to local governments with little practical support.

The requirement for reporting to the Texas Education Agency, combined with expectations for public presentations, imposes further obligations on districts already under strain. Importantly, the bill lacks compelling evidence to demonstrate that current law—already requiring seat belts in newer buses and allowing financial opt-outs—is failing. School buses remain statistically one of the safest forms of transportation for children, and the bill appears to be a reactive response to an isolated tragedy rather than a systemic policy gap.

From the perspective of core liberty principles, particularly limited government, local control, and fiscal responsibility, SB 546 raises concerns. It expands the regulatory scope of the state without providing funding, undermines district-level autonomy in decision-making, and increases bureaucratic obligations without a proven safety return. Therefore, while student safety is a vital concern, this legislation takes a heavy-handed approach where a lighter, more flexible framework is already in place.

For these reasons, Texas Policy Research recommends that lawmakers vote NO on SB 546.

  • Individual Liberty: The bill does not directly constrain individual rights in the traditional civil liberties sense, but it does limit the discretion of locally elected school boards to make safety decisions that reflect their community’s priorities and fiscal realities. By setting a statewide standard and imposing reporting requirements, the legislation substitutes state mandates for local decision-making, arguably reducing the freedom of communities to govern their own affairs.
  • Personal Responsibility: This principle emphasizes that individuals and local bodies should be responsible for their decisions and actions. Under current law, school boards already have the authority to evaluate their needs and budgets and determine whether seat belts are feasible. The bill undermines that judgment by requiring districts to formally justify opt-outs to the state. This shift diminishes trust in local responsibility and shifts accountability upward to state bureaucracies.
  • Free Enterprise: While the bill does not regulate or burden private business directly, it could have indirect effects on school bus manufacturers and service providers by increasing demand for retrofitting and new compliant vehicles. However, since the bill applies only to public school districts, it does not infringe on private market operations. The provision allowing school districts to seek private grants and donations is a nod toward market-based solutions, though this is voluntary and supplementary.
  • Private Property Rights: The bill does not involve the use of or interference with private property. It applies exclusively to publicly owned or contracted vehicles used by school districts. As such, there is no direct impact on private property rights.
  • Limited Government: This is where the bill most clearly diverges from liberty principles. The bill expands the role of state government by eliminating local flexibility in fleet safety decisions, imposing new administrative and reporting requirements on school districts, and tasking the Texas Education Agency with statewide data collection and analysis. Moreover, it does all of this without providing state funding, amounting to an unfunded mandate. This broadens the scope of state authority and oversight at the expense of local self-governance, contrary to the ideal of a restrained, limited government acting only where absolutely necessary.
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