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HB100

Regular Session

Relating to the purchase, adoption, and use of instructional materials by public schools.

Moderate
Medium Cost
Effective:2025-06-20
HB100
Relating to the purchase, adoption, and use of instructional materials by public schools.
Moderate Urgency
Heavily Contested
House Vote103 - 42
YEA
NAY
71% in favor145 voting
Senate Vote27 - 4
YEA
87% in favor31 voting
46
Total Opposition Votes
Cost Impact
Medium
Effective
2025-06-20
Enforcing Agencies
SBOETEA
Primary Author: Rep. Terri Leo-Wilson
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025
  • Compliance Deadline: August 2026 (Start of 2026-2027 School Year). While the law is effective immediately, the statutory prohibition on "use" and the inventory requirements apply beginning with this school year.
  • Agency Rulemaking: The SBOE must establish the administrative process for the "Proposed Rejected List" and the specific submission mechanics for the 45-day cure period prior to the 2026 adoption cycle.

Immediate Action Plan

  • Audit Inventory: Immediately cross-reference all current district inventory (including OER and locally funded materials) against the current SBOE rejected list.
  • Update Vendor Agreements: Draft and deploy contract amendments regarding "buy-back" and "termination" rights for all renewals occurring after June 20, 2025.
  • Establish Monitoring: Vendors must subscribe to SBOE notifications immediately; missing the "Proposed Rejected List" publication forfeits the right to cure.
  • Segregate Non-Compliant Materials: Districts should physically quarantine any materials currently on the rejected list to prevent accidental distribution in the 2026 school year.

Operational Changes Required

Contracts

  • Regulatory Riders: All Master Services Agreements (MSAs) extending into 2026 must include a "Regulatory Change Rider."
  • Termination Rights: Districts must insert "Termination for Cause" clauses triggered specifically by placement on the SBOE Rejected List.
  • Refund/Buy-Back: Contracts must mandate that vendors refund pro-rated costs or provide compliant replacement materials at no cost if the original product is banned mid-contract.

Hiring/Training

  • SBOE Monitoring: Vendors must assign regulatory liaisons to monitor SBOE agendas for the "Proposed Rejected List" to utilize the 45-day cure window effectively.
  • Rapid Response Teams: Publishers require an editorial/legal task force capable of reviewing objections, modifying content, and resubmitting within 45 days.
  • Strict Liability Training: District staff must be trained that "legacy" materials or personal teacher resources found on the rejected list are banned from classrooms, regardless of when they were acquired.

Reporting & Record-Keeping

  • Pre-Purchase Vetting: Procurement systems must integrate with the SBOE Rejected List to automatically flag prohibited ISBNs before Purchase Orders are generated.
  • Audit Trails: Districts must retain documentation proving materials were not on the rejected list at the time of adoption to defend against potential funding clawbacks.

Fees & Costs

  • Inventory Replacement: Districts face unbudgeted costs to replace "local fund" materials that are currently in use but appear on the SBOE rejected list.
  • Indemnification: Vendors should anticipate higher E&O insurance premiums to cover expanded indemnification requirements from districts.

Strategic Ambiguities & Considerations

  • Definition of "Use": The statute prohibits "adoption or use." It is currently unclear if this extends to incidental possession (e.g., a book in a library archive) or strictly classroom instruction. Rulemaking will likely clarify the scope of "possession" vs. "instruction."
  • Technical Standards for "Cure": The law allows for revision within 45 days but does not define an acceptable format. It is unclear if digital patches, physical stickers, or full reprints will be required to satisfy the SBOE.
  • "Harmful" Content Thresholds: While linked to the Penal Code, the SBOE has discretion in applying these standards. Expect shifting goalposts on what constitutes "harmful" until the first few test cases are decided.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 20, 2025
Passed House
Apr 16, 2025
Passed Senate
May 27, 2025
Signed
Jun 20, 2025
TopicsEducationEducation--primary & SecondaryEducation--primary & Secondary--textbooksEducation--school DistrictsEducation, State Board of
03

House Authors

Rep. Terri Leo-WilsonRepublican · Primary Author
Joint Authors
Coauthors (39)

Senate Sponsor

Sen. Mayes MiddletonRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Terri Leo-Wilson

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB100

Q

What does Texas HB100 do?

HB100 eliminates the "local control" loophole for instructional materials, prohibiting Texas public schools from using—not just purchasing—any content rejected by the State Board of Education (SBOE), regardless of the funding source. For vendors, the law introduces a critical 45-day statutory "cure period" to revise flagged content before a final ban, necessitating immediate changes to editorial workflows and contract liability terms. Implementation Timeline Effective Date: June 20, 2025 Compliance Deadline: August 2026 (Start of 2026-2027 School Year).

Q

Who authored HB100?

HB100 was authored by Texas Representative Terri Leo-Wilson during the Regular Session.

Q

When was HB100 signed into law?

HB100 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB100?

HB100 is enforced by State Board of Education (SBOE) and Texas Education Agency (TEA).

Q

How urgent is compliance with HB100?

The compliance urgency for HB100 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB100?

The cost impact of HB100 is estimated as "medium". This may vary based on industry and implementation requirements.

Q

What topics does HB100 address?

HB100 addresses topics including education, education--primary & secondary, education--primary & secondary--textbooks, education--school districts and education, state board of.

Legislative data provided by LegiScanLast updated: November 25, 2025

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