AUSTIN (Nexstar) — Texas Senators voted Wednesday evening to approve Senate Bill 2, the piece of legislation carrying an education savings accounts (ESA) program recently declared an emergency by Gov. Greg Abbott.
Earlier in the evening, Senators gave initial approval to the bill after nearly seven hours of debate on the Senate floor. Senators then approved suspending the rules to clear the way for a final vote on the bill Wednesday night.
The final vote was 19 – 12. All 11 Democrats in the Senate voted against the bill. Republican Sen. Robert Nichols also voted no.
Before the vote, State Sen. Brandon Creighton, R-Conroe, the author of the bill, blasted opponents of the legislation. His impassioned speech on the Senate floor came after an hour of speeches by Senate Democrats, many raising concerns about the effect the bill could have on public schools.
“This bill does not jeopardize public schools. In fact, the data shows that public schools have done better in other states that have expanded school choice,” Creighton said.
Creighton took to the floor around 12:35 p.m., outlining the bill’s potential impact on 100,000 students across the state. He highlighted that 80% of positions in the program are reserved for income-vulnerable students and students with disabilities, while the remaining 20% are allocated by lottery to all other students. Budget proposals from both the Senate and House call for allocating $1 billion to education savings accounts.
Creighton argued that students are trapped in inadequate public education environments because of their zip code, and cited a recent poll that shows 67% of Texans support education savings accounts. He also noted that the bill’s funding does not come from public school funding—a key point of contention in the debate—but from budget surplus.
Although a momentous step for the legislation, it is not the first time we have seen this. Prior attempts to pass an ESA program came up short in the House of Representatives. The bill will likely face opposition from Texas Democrats.
State Sen. Molly Cook, D-Houston, said before the debate that she would not support the bill. She argued the bill will have unintentional consequences on public schools in Texas.
“What would benefit my constituents the most is fully funding our public schools,” Cook said before the vote.
Similarly, Sen. Royce West, D-Dallas, pushed back on the floor, questioning whether school choice will effectively prioritize students in disadvantaged schools or zip codes. He argued that a majority of private school students are white, and that the state must make sure that this program does not use state money to fund segregated schools. He questioned the low-income threshold, concerned that a student in need will have the same odds of getting a voucher as a wealthier student.
The ESA program would provide $10,000 a year to a student who attends an accredited private school in Texas. It would also provide $11,500 for students with disabilities and $2,000 for students who are homeschooled.
Opponents of the ESA plan questioned how the legislation defines low income families. Eighty percent of the funding from the program is set aside for students with special needs or from low income families. Sen. José Menéndez, D-San Antonio, noted that the bill defines low income as 500% of the federal poverty level.
“In the state of Texas, that would be over $160,000 for a family of four. Is there any other program in the state where we define low income as 500%?” Menéndez asked. He pointed out that the threshold for free school lunch funding is 130% of the federal poverty level.
“I don’t think we want to remove the middle class from an opportunity to be able to have a fighting chance,” Creighton replied, adding that the threshold roughly works out to the income of a family of four, with the parents working as a teacher and a firefighter.
Menéndez filed an amendment to create a tiered system that he said would prioritize economically disadvantaged students. Under his amendment, 50% of the available funding would be reserved for students at or below 185% of the federal poverty level, 30% for students between 185% and 500% of the level, 20% for students with disabilities, and 10% for any other applicant. The amendment failed.
Sen. Lois Kolkhorst, R-Brenham asked Creighton for a commitment that senators would also approve funding raises for public school teachers. Creighton said he would bring back legislation he called the Teacher Bill of Rights. Senators approved the legislation last session, but failed to get through the House amid the battle over education savings accounts.
“I’m coming back again as we stand for the safety of teachers, the validity of the opinions of teachers, a reasonable learning environment without disruption for teachers, and strong compensation increases for teachers,” Creighton said, noting that Governor Abbott announced teacher pay as an emergency item.
“But we’re not there yet,” Creighton added, bringing the focus back to SB 2.
Early in the afternoon, Lt. Gov. Dan Patrick noted that more than 40 amendments had been filed, suggesting the process could last late into Wednesday night. Senators started considering amendments shortly after 4 p.m.
“Set your clock for 4 a.m. this morning, so don’t plan dinner,” Patrick told senators.
Instead, the vote to pass the bill to engrossment happened shortly after 6:30 p.m., and immediately afterwards the Senate adjourned for two minutes. At 6:38 p.m. the Senate reconvened, with the intent of passing the bill on third and final reading.
The final vote came just before 8 p.m., moments after Creighton’s speech. Afterwards, Lt. Gov. Patrick offered congratulations and a look ahead.
“Senator Creighton, your bill has passed, and we now look for the House, after this being the sixth time we passed school choice, to finally step up and give this opportunity to every child in Texas,” Patrick said.
