Texas senators are considering a measure that would reinstate language barring members of the legislature from using school choice funds for their children.
Senate Bill 3061, filed by State Sen. Brandon Creighton (R-Conroe), was taken up Tuesday by members of the Senate Committee on Education K-16.
The measure would specifically prohibit the children of a “state representative, state senator, or statewide elected official” from utilizing Texas’ upcoming education savings account program.
Creighton, who also filed Senate Bill 2, had initially envisioned the measure to include that provision. However, the measure passed out of the House with an amendment removing it, and the Senate concurred with the change.
“Senate Bill 3061 is a clean-up bill that restores this eligibility clarification that passed off of the Senate floor multiple times,” said Creighton. “The protection reinforces, for the launch of the program, the fairness, integrity, and public trust in how the ESA program is initially administered.”
Creighton’s measure was left pending in committee until a later date.
School choice passed in the Texas House by a vote of 86-63 for the first time in history on April 17.
Along with the amendment to remove the prohibition on state officials’ children utilizing the program, representatives also passed amendments to significantly change how ESAs will be administered.
Under the Senate’s original version, funds provided in ESAs were planned to be distributed in fixed amounts for those who qualify. The final version, however, will distribute the funds based on the statewide average of state and local funding per student in average daily attendance.
Gov. Greg Abbott posted last week on X that “SB 2 is now on its way to my desk to be signed into law” and thanked Texas lawmakers for finally passing the measure.
The win was a long time coming for Abbott, who had seen school choice proposals fail in the House three times over the past two years, even after calling two special sessions in 2023 to address the issue.
The bill signing ceremony for SB 2 will take place on May 3.
