The Senate Committee on Education K-16 voted along party lines Tuesday to advance the upper chamber’s priority voucher bill Senate Bill (SB) 2 just two weeks after the start of session. 

Chairman Brandon Creighton (R–Conroe) convened the newly reorganized committee and heard more than eight hours of testimony, most of which was in opposition to the bill.  

Following testimony, the committee voted by a 9-2 vote to advance SB 2 without further debate or modification, with all Republicans voting for the bill and the committee’s two Democrats voting against it. 

Sens. Creighton, Donna Campbell (R–New Braunfels), Paul Bettencourt (R–Houston), Brent Hagenbuch (R–Denton), Adam Hinojosa (R–Corpus Christi), Phil King (R–Weatherford), Mayes Middleton (R–Galveston), Tan Parker (R–Flower Mound), and Angela Paxton (R–McKinney) voted for the voucher. Sens. Jose Menendez (D–San Antonio) and Royce West (D–Dallas) voted in opposition. 

It is unusual for committees outside of those related to the state budget to meet, much less vote, in January of a legislative session. The Texas Constitution prohibits the Texas Legislature from passing bills other than emergency items during the first 60 days of session. Emergency items may only be set by the governor, who is expected to designate vouchers as such but has yet to issue a formal declaration. 

The decision to advance SB 2 as the first bill reported from a Senate committee this session signifies the priority assigned by Lt. Gov. Dan Patrick (R) to passing a voucher. 

West cautioned the committee to look at the history of vouchers and take into account the disastrous consequences in states that have implemented voucher programs. 

Creighton laid out SB 2, arguing against using the term “voucher,” despite the term accurately describing the education savings account (ESA) established by SB 2. Creighton noted the committee has repeatedly tried and failed to pass similar legislation.  

In describing the $1 billion proposed price tag of SB 2, Creighton touted that this latest voucher attempt is the most expensive ever and “would be larger than any other state’s school choice program in the first year.”  

Creighton spent much of his layout lobbing a series of false allegations casting aspersion on public schools and public school advocates, including parents and teachers, as well as mischaracterizing numerous aspects of the bill—such as the idea it will not take funding away from public schools. In fact, the bill’s fiscal note projects its price tag will balloon to $4.5 billion in the first four years. This is funding that would no longer be available to address the gaping deficits facing public schools. 

West pointed out the bill does not prioritize students from low-income backgrounds or failing schools. The acceptance lottery system under SB 2 sets aside up to 80% of available slots for families earning up to 500% of federal poverty guidelines, which translates to $160,750 per year for a family of four—twice the median household income in Texas. The remaining slots have no income limitations. 

The committee heard invited testimony from national voucher proponents, including the American Federation for Children, which was founded by former education secretary and billionaire voucher supporter Betsy DeVos. No public school representatives were invited. 

Private schools are not subject to the same laws as public schools that guarantee the rights of students with disabilities. Steven Aleman with Disability Rights Texas testified in opposition to SB  2, pointing out that private schools are not required to provide testing accommodations for students with disabilities, potentially penalizing those students’ test results. 

ATPE submitted testimony in opposition to SB 2, pointing to the ATPE Legislative Program adopted unanimously by the House of Delegates in July 2024, which states: “ATPE opposes any voucher program, including a tuition tax credit, education savings account, or any other such program that would direct public funds to private, home, or for-profit virtual schools.” 

ATPE also pointed to the current public school funding crisis and urged legislators to prioritize improving overall funding for public schools, as well as making targeted investments in the areas facing the most significant challenges, instead of establishing a parallel system with less transparency and accountability.  

ATPE noted that as with previously proposed voucher legislation, SB 2 offers up tax dollars without any mechanism to provide accountability back to taxpayers, including not providing taxpayers with the ability to compare the academic performance of voucher students with that of the public school population.   

Public testimony included Republican elected officials, members of conservative advocacy groups, pastors, and dozens of parents, grandparents, and teachers testifying against SB 2. Many expressed similar concerns over diverting public funds while schools are experiencing staff reductions and closures due to the Legislature’s decision, at the behest of Gov. Greg Abbott (R), to deny public school funding in the 2023 legislative session.