TITLE 19. EDUCATION
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 67. STATE REVIEW AND APPROVAL OF INSTRUCTIONAL MATERIALS
SUBCHAPTER
AA.
The Texas Education Agency (TEA) adopts an amendment to §67.1001, concerning the instructional materials and technology allotment. The amendment is adopted without changes to the proposed text as published in the September 12, 2025 issue of the Texas Register (50 TexReg 6001) and will not be republished. The adopted amendment implements Senate Bill (SB) 13, 89th Texas Legislature, Regular Session, 2025, and codifies a tacit allowable expense by updating the allowable expenditures from a district's instructional materials and technology allotment.
REASONED JUSTIFICATION: SB 13, 89th Texas Legislature, Regular Session, 2025, added Texas Education Code (TEC), §33.023(d), which requires school districts to adopt procedures for parental access to a school district's library catalog and access by the parent's child to certain library materials. The statute allows a school district to use funds from its instructional materials and technology allotment to comply with the requirement.
To implement SB 13, new §67.1001(e)(6) specifies that allotment funds may be used to pay for costs connected to parents' ability to access the library or for access by their child to certain materials.
New §67.1001(e)(5) specifies that allotment funds may be used to pay for software relating to analyzing content for its appropriateness to Texas Essential Knowledge and Skills content under TEC, §28.002. This addition codifies into rule a tacit allowable expense already in practice.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began September 12, 2025, and ended October 13, 2025. No public comments were received.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §31.003(b), which authorizes the commissioner of education to adopt rules consistent with TEC, Chapter 31, as necessary to implement a provision of the chapter that the commissioner or the agency is responsible for implementing; TEC, §31.0211, which permits the commissioner to adopt rules regarding the instructional materials and technology allotment, including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's allotment is calculated; TEC, §31.0212, which addresses the documentation required for requisitions and disbursements to be approved, districts' online instructional materials ordering system accounts, and school district submissions to the commissioner of the title and publication information for any materials the districts purchase with their allotments; TEC, §31.0215, which addresses allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the allotment; TEC, §31.071, which addresses state-developed open-source instructional materials; TEC, §31.076, which permits the commissioner to adopt rules necessary to implement TEC, Chapter 31, Subchapter B-1, and states that a decision made by the commissioner under the subchapter is final and may not be appealed; TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition; TEC, §33.023(d), as added by Senate Bill 13, 89th Texas Legislature, Regular Session, 2025, which authorizes school districts and open-enrollment charter schools to use funds from the district's or school's instructional materials and technology allotment under TEC, §31.0211, for costs associated with complying with statutes relating to parental access to library catalog and access by the parent's child to certain library materials; TEC, §48.004, which requires the commissioner to adopt rules, act, and require reports consistent with TEC, Chapter 48, as necessary to implement and administer the Foundation School Program.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§31.003(b); 31.0211; 31.0212; 31.0215; 31.029; 31.031; 31.071; 31.076; 31.104; 33.023(d), as added by Senate Bill 13, 89th Texas Legislature, Regular Session, 2025; and 48.004.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 17, 2025.
TRD-202504172
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: December 7, 2025
Proposal publication date: September 12, 2025
For further information, please call: (512) 475-1497