BILL ANALYSIS

C.S.H.B. 1325

By: Vasut

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that children of certain public servants often deal with frequent moves or safety concerns due to their parents' jobs, which can make it tough for them to maintain a consistent education and social life. The 88th Legislature passed legislation that sought to remedy this issue for peace officers and military servicemembers with school‑aged children by providing for the transfer of such students to another district campus or school district. C.S.H.B. 1325 seeks to further address this issue by extending to the children of certain judges, justices of the peace, judicial officers, and prosecuting attorneys the flexibility to attend a school that better meets the child's needs, ensuring that such children have an opportunity for a stable learning environment despite the demands of their parents' careers.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1325 amends the Education Code to make applicable to the children of a federal judge, state judge, county court judge, justice of the peace, or judicial officer subject to applicable state law and of prosecuting attorneys the following provisions currently applicable to the transfer to another campus of a public school district or to another district of students who are children of certain peace officers or who are children of servicemembers:

· on request of the applicable parent of a student, the board of trustees of a district must transfer the student to another district campus or to another school district under an agreement under state law governing transfers between districts or counties;

· such a transfer must be to the campus or district, as applicable, selected by the applicable parent making the request; and

· a district is not required to provide transportation to such a student who so transfers.

The bill provides the following:

· "prosecuting attorney" means a district attorney, criminal district attorney, or county attorney or the state prosecuting attorney; and

· "parent" includes a person standing in parental relation to a student.

To the extent of any conflict, the bill prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes. The bill applies beginning with the 2025-2026 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1325 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced extended the applicability of provisions regarding the transfer of students currently applicable to students who are children of certain peace officers or who are children of servicemembers to the children of a judge of the supreme court, court of criminal appeals, appellate court, district court, or statutory county court, as well as any associate judge of the same, the substitute extends the applicability of those provisions to the children of a federal judge, state judge, county court judge, justice of the peace, or judicial officer subject to applicable state law.

Whereas the introduced established that "prosecuting attorney" includes a county prosecutor, state prosecutor, or state prosecuting attorney, the substitute defines that term as a district attorney, criminal district attorney, or county attorney or the state prosecuting attorney. The substitute includes a definition of "parent" which did not appear in the introduced.

The substitute includes provisions absent from the introduced establishing that, to the extent of any conflict, the bill prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes and that the bill applies beginning with the 2025-2026 school year.

The substitute changes the bill's effective date to provide for its possible immediate effect, contingent on receiving the requisite constitutional vote, whereas the introduced provided only for the bill to take effect September 1, 2025, with no possibility for immediate effect.