89th Legislative Session Report: How Children Fared

Bill Highlights

It was a banner year for early childhood education policy. Several soon-to-be laws will raise the bar for quality in our state’s child care system.

• SB 599 (West/Davis et al.) restricts local governments and municipalities from imposing additional health and safety standards on Family Child Care Home Providers. 
• HB 2294 (Thompson et al./Zaffirini) allows local workforce development boards to pay Texas Rising Star (TRS) Program childcare providers the maximum rate for their quality rating, even if the provider’s listed rates are lower, as long as it does not lower the Texas Workforce Commission’s (TWC) goal for the average number of children served each day through subsidized child care in that area. 
• SB 1, the State’s budget for the upcoming biennium, includes an historic $100 million allocation for the Child Care Services program at the Texas Workforce Commission. Funded through unspent TANF dollars, this investment will expand access to child care scholarships for low-income working families and help address the current waiting list of approximately 95,000 children.
• SB 462 (Kolkhorst/Harris Davila et al.) requires the Texas Workforce Commission to establish a priority position on their waiting lists for the children of child care workers. 
• SB 1265 (Alvarado/Harris Davila et al.) requires the Texas Workforce Commission to display a link on their website that provides child care resources for employers across the state, demonstrating the various methods for offering child care benefits to their employees. 
• HB 4529 (Hefner/Hancock) exempts child-care facilities that operate on a military base or who serve military families from needing a state license to operate. Instead, these providers must obtain a certificate to operate from the United States Department of Defense.
• HB 2 (Buckley), reforms Texas school funding by improving how special education is funded, waiving teacher certification fees, and expanding early learning support. It increases pre-k funding, makes children of public school teachers eligible for pre-k in their parent’s district, and removes some barriers to pre-k partnerships. 
• HB 2310 (Ordaz et al./Parker) requires the Texas Education Agency (TEA), the Health and Human Services Commission (HHSC) and the Texas Workforce Commission (TWC) to work together to develop and implement a strategic plan for improving early learning and educational opportunities for young children with disabilities or developmental delays, regardless of if the child is in child care or prekindergarten classrooms in a school district. 
• HB 3963 (Capriglione et al./Paxton) will establish an early childhood workgroup and an early childhood integrated data system. 
• HB 4903 (Harris Davila et al./Birdwell) creates the Quad-Agency Child Care Initiative Commission, which includes the Texas Workforce Commission, the Department of Family and Protective Services, the Health and Human Services Commission, and the Texas Education Agency. 
• HB 117 (Schoolcraft/Campbell) establishes a task force on the governance of early childhood education (ECE) and child care. 

This session contributed significantly to ending human trafficking and child exploitation, while substantially improving supports for providers.

• HB 451 (Thompson et al./Paxton) requires that all foster care and juvenile justice involved children are screened for risk of commercial sexual exploitation using the Child Sexual Exploitation Identification tool, or the “CSE-IT”.
• HB 742 and 754 (Thompson et al./Parker) requires all first responders and medical
  assistants at healthcare facilities to complete a training course on identifying and assisting victims of human trafficking. 
• HB 2000 (Ashby, Nichols) requires an individual convicted of child grooming to register as a sex offender. Also known as Audrii’s Law, named in memory of 11- year-old Audrii Cunningham, this bill will reinforce protections for children all over Texas.
• SB 2167 (Paxton/Bumgarner et al.) remedies this by freezing an establishment’s ability to obtain a license while under investigation. Additionally, the bill allows for local
  government attorneys to collect penalty fees through civil suits for violations of Chapter 455 of the Texas Occupations Code. 
• SB 703 (Zaffirini/McLaughlin) bars anyone who has committed certain sexual offenses, such as as invasive video recording, indecency with a child, and sexual abuse, and sexual assault, from obtaining a massage establishment, school, or therapist license. 
• HB 1732 (Hernandez et al./Zaffirini) similarly tightens rules for massage therapy
  licenses by banning individuals with convictions or guilty pleas for human trafficking or sexual offenses from keeping or obtaining a license.
• HB 45 (Hull et al./Huffman) grants the attorney general jurisdiction to prosecute trafficking offenses if the local prosecutorial agency has not taken steps to do so after 180 days.
• HB 1776 (Thompson et al./Huffman) makes sweeping efforts to combat human trafficking and child sexual abuse material. This includes the creation of a statewide repository to collect and analyze trafficking data, required human trafficking training for piercing and tattoo studios, mandates stronger charges against continuous offenses of prostitution, and raises the legal penalty for the possession of sexual visual depictions.
• HB 2761 (Johnson et al./Parker) updates the Penal Code to make it easier to prosecute people for trafficking or forcing children or disabled individuals into prostitution, even if no sexual act happens or the victim lacks the mental capacity to knowingly consent.
• SB 1212 (Paxton/Kerwin et al.) raises all offenses of human trafficking under Section 20A.02(a), Penal Code to a first-degree felony.
• HB 2073 (Hull/Huffman) increases the criminal penalty for violating court orders in cases involving family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking. This bill is intended to protect victims by strengthening enforcement measures and deterring future harm.
• SB 958 (Parker/Thompson et al.) expands the eligibility of victims of trafficking or compelling prostitution to obtain an order of nondisclosure for their criminal records.
• SB 1804 (Alvarado/Thompson et al.) allows victims of trafficking to seek restitution
  for removal of tattoos the victim received under force or coercion during their trafficking.
• SB 535 (Huffman/Capriglione) expands Rule 412, which prohibits the introduction of evidence regarding a victim’s past sexual behavior or reputation, applying these protections to children and victims of human trafficking.
• HB 1422 (Hull/Huffman) allows victims of sexual abuse to have forensic DNA testing
  for a sexual assault without submitting a report to law enforcement. The bill also increases the penalty against certain sex crimes and establishes continuous sexual assault as a first degree felony.
• SB 20 (Flores et al./Capriglione) criminalizes the possession or promotion of obscene visual material depicting a minor, including animations and depictions generated using artificial intelligence.
• SB 1621 (Huffman et al./Fairly) prohibits the intentional or knowing possession or accessing with intent to view sexually explicit content depicting a minor that was computer or AI generated. 
• HB 581 (González, M. et al./Hughes) protects minors from viewing artificial sexual material by requiring that AI platform operators utilize an age verification system ensuring that any image used to create graphic material is of an adult and that any viewer of that material is also 18 or over.
• HB 2492 (Bowers et al./Hinojosa, J.) mandates that individuals arrested for family violence offenses remain in custody for four hours after posting bond if there is probable cause that the violence will continue.
• SB 761 (Hinojosa, J./Thompson et al.) strengthens the rights and protections of crime victims, with specific provisions for children who are victims of sexual assault or other offenses involving family violence.
• SB 836 (Paxton/Hull et al.) establishes provisions to protect the privacy and emotional well-being of victims of sex crimes.
• SB 1019 (Huffman/Hull) updates the Family Code to clarify when hearsay statements from a child or person with a disability (who is the alleged victim of certain sexual, assaultive, or trafficking offenses) can be admitted as evidence in juvenile delinquency hearings.
• HB 3153 (Kerwin/Kolkhorst) closes gaps in child safety by requiring criminal background checks and employment verification for individuals working with children at certain facilities, including juvenile detention centers, homeless shelters, and residential treatment centers.
• HB 166 (Capriglione/Hancock) expands protection for children, elderly, and disabled individuals by including fentanyl and its derivatives along with other controlled substances in the law that penalizes reckless exposure.
• HB 33 (McLaughlin et al./Flores), which implements new safety and security requirements related to active shooter events in K-12 schools.
• HB 908 (Spiller et al./Zaffirini) updates existing law to require law enforcement agencies to notify the National Center for Missing and Exploited Children (NCMEC) within two hours of receiving a report.
• SB 835 (Paxton/Leach et al.) prohibits perpetrators of child sexual abuse, assault, trafficking, or prostitution from entering into nondisclosure agreements with their victim that would bar that victim from disclosing the sexual acts that occurred.

One bill will increase the well-being of families and prevent child abuse through improved data practices and evidence-based prevention programs.

• HB 140 (Noble, Kolkherst) establishes the child protective investigations advisory committee which will research and make recommendations on the standards and best practices for investigations, as well as identify current barriers to consistent and effective investigations.
• HB 1211 (Lujan, Menendez) increase the accessibility of higher education to former Texan foster youth, by allowing those up to 27 years old to qualify for tuition and fee exemptions for higher education.
• HB 4655 (Hull/West) requires that foster child life-skills training to include important skills they otherwise might not learn, and will need to find economic independence and improved health outcomes. 
• HB 2071 (Hull et al./Kolkhorst) addresses child abuse and neglect by requiring that all medical information, tests, and analyses from the processes be released to the parent or guardian of the child, as well as their attorney. Parents are also able to seek a second opinion from a different healthcare professional and establishes that the physicians running the analysis must have no previous involvement in reviewing the case.
• SB 2165 (Parker/Johnson) requires that if a child subject to a suit affecting the parent-child relationship goes missing from the state’s substitute care provider, the court must schedule a new dismissal date at least 180 days after the last dismissal date. The court may not dismiss the suit while the child is still missing.
• HB 2789 (Frank et al./Sparks) streamlines and simplifies the regulatory requirements for foster care contractors with the hopes of increasing the number of contractors available in the state.
• HB 2809 (Rose et al./Johnson) amends the Department of Family and Protective Services’ annual report on child protection to include the number of children who attempted suicide while in the managing conservatorship of the department. It also expands the definition of “significant change in medical condition” to include a suicide attempt.
• SB 1141 (Miles/Campos et al.) requires the court to confirm with the alleged perpetrator that, before being interviewed, DFPS informed them of their rights concerning the interview. This includes their right to record the interview, request an administrative review of the findings, and—when first contacted following the beginning of the investigation— receive information about the investigative process and their rights within it.
• HB 116 (Dutton et al./Kolkhorst) ensures that families stay together by protecting parental rights unless there is a clear threat to the child’s safety, even if the parent fails to complete the entirety of the court ordered services. 
• HB 4129 (Davis, A. et al./Paxton) requires the Department of Family and Protective Services to implement formal measures to evaluate and assist the performance of Single Source Continuum Contractors (SSCCs), including quality improvement plans and financial interventions.
• SB 1398 (Kolkhorst) strengthens oversight of community-based care by requiring the Department of Family and Protective Services (DFPS) to conduct annual performance reviews of Single Source Continuum Contractors (SSCCs) and establishing community advisory committees in catchment areas. 
• SB 1589 (Hancock/Orr) gives the Department of Family and Protective Services (DFPS) authority to reclaim case management authority and functions for any or all cases from single source continuum contractors (SSCCs) or transfer it to another SSCC. This is a useful accountability measure that ensures DFPS can intervene when an SSCC is not meeting the needs of children in care.
• HB 694 (Gervin-Hawkins et al./Cook) shortens the timeframe that the Department of Family and Protective Services has to notify involved parties of a change in the placement or health of a child under the conservatorship of DFPS.
• SB 226 (West/Bernal) codifies the process of officiating and submitting a child’s new address and obtaining an admission into school. This bill will prevent a pause of a child’s education during the process of temporary placement.
• SB 513 (Sparks/Craddick) requires the Departments of Family and Protective Services to develop a rural Community-Based foster care pilot program.
• HB 5394 (Rose/West) prohibits single-source continuum providers and childplacing agencies from enforcing additional policies or procedures on relative and designated caregivers beyond those established by law or by the Department of Family and Protective Services or Health and Human Services Commission.
• SB 2032 (Paxton/Aicha) extends the length of time by which a single source continuum contractor must give notice to DFPS before terminating their contract to a minimum of 180 days.
• SB 2034 (Paxton/Davis) codifies the process for the court to appoint a receiver of a single-source continuum contract. The court can also appoint a receiver if there is immediate danger to children under the conservatorship.
• SB 2776 (Hinojosa, A./Lujan et al.) permits the Texas Juvenile Justice Department to disclose information concerning a person committed to the department, including personally identifiable information.
• SB 1728 (Perry/Lalani et al.) updates the Education Code to authorize the Texas Workforce Commission (TWC) to extend Jobs and Education for Texans (JET) grants to the Texas Juvenile Justice Department (TJJD), juvenile boards, and juvenile probation departments.

 There were many legislative changes related to children’s physical and mental health.

• SB 1316 (Cook/Cunningham et al.) adds E-cigarettes to the previously established ban on cigarette and tobacco product advertising within 1,000 feet of schools and churches.
  
• HB 1586 (Hull et al./Kolkhorst) changed the school immunization exemption process, requiring the Department of State Health Services to publish a simple blank affidavit as a template for parents to use. Exemption rates and data availability will need to be closely monitored to determine the impact this bill will have on school and community health and whether rates of infectious disease amongst children begin to rise.
  
• SB 25 (Kolkhorst/Hull et al.) enhances physical education and nutrition curriculum requirements for school districts and charter schools to promote healthy living in Texas.
• SB 865 (Alvarado/Leach) establishes the requirement that specific school staff (including school nurses, athletic coaches, band directors, etc.) are CPR certified. It also requires school districts or private schools to create a cardiac emergency response plan.
• SB 2398 (Campbell et al./Cunningham) requires the Texas Education Agency to  compile and publish a list of academic nonmedical accommodations for students after receiving a concussion, as well as implementation policies. 
• HB 3062 (Guerra et al./Zaffirini) requires institutions of higher education to provide poisoning and fentanyl prevention education during students’ first semester. 
• HB 3151 (Hull/Cook) establishes an easier route for expedited credentialing of new health care centers or providers who are added to a Federally Qualified Health Center (FQHC).
• SB 815 (Schwertner/Spiller) disallows insurance claim denial decisions to be made with any use of AI or automated decision systems. It additionally permits the Commissioner to audit or inspect utilization review agents’ methods at any point to enforce this law.
• HB 18 (VanDeaver et al./Perry) seeks to strengthen and sustain rural hospitals in Texas by allocating over $200 million to establish a State Office of Rural Hospital Finance within the Health and Human Services Commission, also requiring the development of a statewide strategic plan that includes a rural hospital needs assessment and financial vulnerability index, and promotes workforce development aimed at nurses and OB-GYNs.
• HB 37 (Plesa et al./Huffman) requires that hospitals provide bereavement care for families in the cases of fetal demise, neonatal death, or stillbirth. It establishes a perinatal bereavement care initiative administered and established by the Department of State Health Services (DSHS), and a perinatal bereavement care hospital recognition program.
• HB 3940 (Johnson et al./Paxton) requires that written information and reminders are provided to parents of newborns and healthcare providers on the newborn child’s Medicaid right. 
• SB 31 (Hughes) further defines and clarifies the medical emergency exceptions within Texas abortion laws to guarantee that women with serious pregnancy complications can receive prompt and appropriate care.
• SB 896 (Blanco/Cole) extends the deadline for enrollment of a newborn in a private insurance plan from 31 days to 61 days, allowing parents more time to enroll their newborns. 
• SB 1044 (Parker/Capriglione et al.) adds Duchenne muscular dystrophy (DMD) to the list of diseases and disorders for which newborn screening is required. This eliminates late diagnoses and helps patient families make earlier and better informed medical decisions.
• HB 136 (Hull et al./Alvarado) states that lactation consulting is now a benefit for women who are recipients of Medicaid, allowing them to be reimbursed as healthcare providers.
• HB 713 (Howard et al./Cook) selectively removes misconduct reporting requirements when health care professionals are collecting and analyzing data for the Texas Maternal Mortality and Morbidity Review Committee, streamlining data collection and analysis.
• HB 26 (Hull et al./Kolkhorst) allows Medicaid managed care organizations to provide nutrition counseling and instruction services, services that will help additional populations suffering from diet-related chronic disease and other health conditions.
• SB 314 (Hughes/Harris Davila) prohibits public school districts participating in free or reduced-price meal programs from serving foods containing specific additives linked to health and behavioral issues in children (such as artificial dyes and brominated vegetable oil). 
• SB 541 (Kolkhorst/Hull) addresses food insecurity by prohibiting regulations for producers of cottage food, low risk food items produced in someone’s home or at a non-profit, by prohibiting local governments from requiring producers to obtain a license or permit. 
• SB 2069 (Zaffirini/Vo et al.) strives to work toward implementing a statewide psychiatric bed registry for inpatient psychiatric treatment by forming a workgroup consisting of industry and healthcare experts to conduct a feasibility study and produce a written report that summarizes the study’s results.
• SB 646 (West/Davis et al.) amends the Education Code and the 2015 mental health professional loan repayment program by broadening the scope of the definition of “mental health professional,” increases the caps for loan repayment assistance granted to individuals, and includes specific additional monetary awards for rural and bilingual mental health professionals, extending eligibility for repayment assistance to include those providing mental health services in public schools across the State.
• HB 5342 (Landgraf et al./Menéndez) creates a the 988 Suicide and Crisis Lifeline Trust Fund to support the operation of Texas’s 988 crisis contact centers. It also directs the Human Services Commission to study the feasibility of establishing a service fee on telecommunication services to provide additional funding for the 9-8-8 system.

Pre-K-12 public education arguably centered in the public eye this session, with major systemic shifts arising from new policy.

• HB 2 (Buckley et al./Creighton) was an $8.5 billion comprehensive school finance bill the Legislature approved. 
• SB 2 (Creighton et al./Buckley et al.) creates a universal Education Savings Account (ESA) program. This allocates $1 billion for the 2026–2027 biennium to fund various academic expenses such as technology, tutoring, private tuition for schools or childcare providers, online programs, transportation, and homeschool expenses. 
• SB 569 (Bettencourt et al./Bell et al.) permits school districts and charter schools to directly offer hybrid and virtual courses. The bill ties school funding to average daily attendance rather than course completion.
• SB 2185 (Hinojosa, A./Dutton) allows Texas school districts to receive funding for bilingual education even if they lack certified bilingual teachers as long as schools offer TEA-approved alternative language education methods. 
• SB 260 (Huffman/Bonnen) raises school safety allotments. Funding is increased from $10 to $20 per student in average daily attendance and from $15,000 to $33,540 per campus. 
• SB 1490 (Bettencourt/Gerdes et al.) increases the calculated average daily attendance rate for adult high school programs, correcting an omission in previous legislation that led to funding shortfalls. 
• SB 991 (Bettencourt/González, M et al. ) defines a chronically absent student as a student who is absent from school for more than 10 percent of the academic year or a 30 day enrollment period, and requires schools to report the number of chronically absent students and make that data publicly available. 
• SB 207 (Paxton et al./Leo Wilson) requires school districts to excuse student absences for appointments with mental health care professionals, provided the student returns to school on the same day. 
• HB 367 (Rosenthal et al./Menéndez) simplifies the process for excusing a student from attending school due to a serious or life-threatening illness or related treatment. The bill requires school districts to use a standardized form for a physician’s certification, and districts cannot demand additional documentation.
• HB 6 (Leach et al./Perry) revises disciplinary processes in schools with the aim of addressing student misconduct and disruptive behavior. 
• HB 1178 (Cunningham et al/Campbell) creates a temporary educator certificate for out-of-state certified teachers. The certificate is non-renewable and is available to applicants who hold a valid, non-temporary teaching credential from another U.S. state and a bachelor’s degree from an accredited institution. 
  
• HB 1188 (Manuel et al./Zaffirini) requires school districts, at the first individualized education program meeting, to provide the families of students with intellectual disabilities or developmental delays information about services and public benefits provided by the local intellectual and developmental disability authority. 
• HB 1481 (Fairly et al./Creighton) requires school districts to implement a written policy that prohibits students from using a personal communication device (such as phones, smartwatches, or tablets) during the school day. The plan must include disciplinary measures for violations.

Texas also invested heavily in improving access to Higher Education and Workforce Development.

• SB 365 (Eckhardt et al./Howard et al.) makes applicants eligible for an academic fresh start after 5 years. 
• SB 530 (Sparks/Shofner) aligns state law with changes in federal regulations so that postsecondary institutions in Texas can utilize and maximize financial aid programs, providing them with flexibility to use any nationally recognized accreditor.
• SB 1409 (Parker/Johnson) provides a statutory framework for educational institutions to offer health benefits to enrolled students and their families, a move towards addressing the burden of rising health care costs that many students face.
• SB 2231 (Hinojosa, A./Wilson) designates the second week in October as Free College Application Week for all public colleges and universities in Texas, allowing individuals to apply for undergraduate admission without paying an application fee.
• HB 2081 (Bucy et al./ Menéndez) establishes the Building Better Futures program to provide education and occupational skills training at public and private institutions of higher education. 
• SB 1786 (Creighton/Van Deaver et al.) enhances the alignment between college programs and workforce demands by ensuring institutions offer pathways to highwage, in-demand jobs. 
• HB 3041 (Paul et al./Middleton) aims to create easier pathways to college for nontraditional secondary school students (such as homeschooled students) by making them eligible for a TEXAS grant and other state funded scholarships. 
• HB 4848 (Harris Davila et al./Hinojosa, A.) requires each public higher education system in Texas to offer at least one competency-based bachelor’s degree in a high-demand field, with approval from the Texas Higher Education Coordinating Board (THECB). 
• HB 20 (Gates et al./Schwertner) creates the Applied Sciences Pathway program. This program forms partnerships between high schools and institutions of higher education to allow high school students to enroll in a certificate program for skilled labor. 
• H.B 120 (Bell et al./Schwertner) seeks to strengthen college and career readiness in Texas high schools by expanding access to job training, financial aid, and free college courses.
• HB 3800 (Orr et al./Sparks) requires the Texas Workforce Commission to create an advisory board, whose goal is to develop a resource guide that supports collaboration between health care providers and institutions of higher education to address local health care workforce needs. 
• HB 2856 (Howard et al./Zaffirini) requires the Texas Higher Education Coordinating Board (THECB) to study the feasibility of creating regional online portals to help students at colleges and universities secure clinical rotation placements at health care facilities. 
• HB 322 (Guillen/Zaffirini) permits schools to use Jobs and Education for Texans (JET) grant funds to purchase, implement, and maintain technology tools such as virtual reality training systems and design software. 
• SB 1401 (West/Davis et al.) establishes a Texan Mental Health Profession Pipeline Program, with the goal of creating a clear, guided pathway for public junior college students to be able to easily transfer into Bachelor-degree seeking programs and complete the required certifications and licensures.