The 89th Legislature adjourned sine die June 2 after passing many bills related to public education. In this multi-part series, ATPE is recapping these bills by first taking a look at major legislation relating to our four legislative priorities for the 2025 regular session.  

• SB 412 
• SB 571 
• HB 4623 
• SB 2330 – DID NOT PASS  
• HB 5019 – DID NOT PASS  

Coming soon: 

PART VI: Testing & Accountability 

We’ll share information about other public education legislation not considered high-priority bills in a subsequent post.  

Each bill includes ATPE’s position on the legislation, along with links to related ATPE Legislative Program categories and positions.  

PART V: Legal Issues & Liability 

Major Bills: 

• SB 412 – Displaying Harmful Instructional Materials 
• SB 571 – Do Not Hire Registry 
• HB 4623 – Educator Immunity 
• SB 2330 – Payroll Deduction (DID NOT PASS) 
• HB 5019 – Payroll Deduction / Liability Insurance (DID NOT PASS)  

SB 412 by Sen. Mayes Middleton (R–Galveston) – Displaying Harmful Instructional Materials  

Status: Signed into law  

SB 412 removes legal protections for educators or librarians for displaying instructional materials considered harmful to a minor under Texas Penal Code Section 43.24 by removing the affirmative defenses to prosecution. Specifically, it eliminates the defense that conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose.  

Additionally, SB 412 introduces a new affirmative defense: An individual may not be prosecuted under these sections if, at the time of the offense, they were a judicial or law enforcement officer discharging their official duties.  

ATPE provided written testimony against the bill expressing concern that legitimate works of art, literature, and scientific texts that serve an educational purpose could be caught up in this bill and educators unfairly targeted as a result.  

Related positions in the ATPE Legislative Program:  

Workplace issues: 

• Educator working conditions and schedules 
• Curriculum 

SB 571 by Sen. Paul Bettencourt (R–Houston) | et al. – Do Not Hire Registry  

Status: Signed into law 

SB 571 strengthens safeguards against educator misconduct by expanding the Do Not Hire registry to include all school-affiliated personnel, including contractors, subcontractors, and volunteers. It mandates that any individual who works on a school campus (including contractors, subcontractors, and volunteers) be subject to a background check.  

The bill broadens the definition of disqualifying behavior beyond criminal convictions to also cover inappropriate communications and violations of student teacher “boundaries” as determined by the Texas Education Agency (TEA) and the State Board for Educator Certification (SBEC).  

The bill mandates timely reporting of suspected misconduct to TEA and accelerates the process for adding names to the registry; for an educator accused but not yet convicted of an offense, this denial of employment access potentially infringes on their constitutional due process rights.  

The bill also allows contracted service providers access to the registry, ensuring they can vet individuals before placing them on campuses. By closing loopholes and ensuring more consistent oversight, SB 571 aims to prevent individuals with a history of misconduct from being rehired in Texas schools.  

ATPE supported the bill overall while pointing out concerns with some of the language.  

Related positions in the ATPE Legislative Program:  

Educator Compensation: 

• Contracts and due process 

School Accountability, Governance and Regulation:  

• School safety 

HB 4623 by Rep. Mitch Little (R–Lewisville) – Educator Immunity 

Status: Signed into law 

HB 4623 allows victims of sexual misconduct to file a civil suit against an educator who committed misconduct, educators who failed to discharge their legal duty to properly report the misconduct, and a school district or charter schools that, with gross negligence, recklessness or intentional misconduct, hired, supervises, or employed a professional school employee who committed or failed to report sexual misconduct against a student. The bill waives immunity from liability for educators and districts.  

ATPE submitted written testimony against the original bill when it was heard by a House committee. As initially filed, HB 4623’s scope went well beyond sexual misconduct, waiving immunity for an educator whose negligent, reckless, knowing, or intentional act or omission resulted in student injury or death, as well as creating strict liability for school districts. The bill was narrowed somewhat based on ATPE’s testimony, which pointed out that it unreasonably increased the legal risks for educators performing regular duties in addition to imperiling taxpayer funds even in instances where a district had exercised due diligence. ATPE also submitted written testimony at the Senate committee hearing on the bill. 

Related positions in the ATPE Legislative Program:  

Educator Compensation: 

• Contracts and due process 

School Accountability, Governance and Regulation:  

• School safety 

SB 2330 by Sen. Tan Parker (R–Plano) – Payroll Deduction  

Status: DID NOT PASS. 

SB 2330 would have eliminated educators’ ability to use payroll deduction for their professional association dues. This bill was a part of a larger political effort to significantly reduce the political influence of educators and their associations. Police, fire, and EMS employees were exempted from the bill.  

SB 2330 was passed by the Senate and sent to the House, but it did not get referred to a House committee. The bill’s companion, HB 4525, was referred to the House Committee on State Affairs but never heard. 

ATPE opposed SB 2330. ATPE Executive Director Shannon Holmes, Past State President Jayne Serna, and member Lena Angel testified against the bill when it was heard by a Senate committee. ATPE also provided written testimony.  

Related positions in the ATPE Legislative Program:  

School Accountability, Governance and Regulation  

• Payroll deduction 

HB 5019 by Rep. Giovanni Capriglione (R–Southlake) – Payroll Deduction/Liability Insurance 

Status: DID NOT PASS  

HB 5019 would have selectively banned payroll deduction for certain professional organizations serving Texas educators, including ATPE. Simultaneously, the bill would have created a taxpayer-subsidized, state-selected liability insurance provider for educators and required school districts to make payroll deductions for payments made by employees to the state-selected provider. Also, HB 5019 would have automatically transitioned all educators currently using payroll deduction to pay for liability insurance from their private provider of choice over to the state provider, unless the educator affirmatively acted to opt out of the state program.  

Additionally, the bill would have limited professional development on education advocacy and civic engagement for educators and school board members.  

HB 5019 would have also placed new restrictions on school districts’ use of purchasing cooperatives and investment pools.  

The bill was heard by a House committee but left pending. Although HB 5019 did not pass, a similar provision for state-subsidized professional liability insurance for teachers was included in HB 2, which did pass. 

ATPE opposed the bill and submitted written testimony. 

Related positions in the ATPE Legislative Program:  

School Accountability, Governance and Regulation  

• Payroll deduction