Monitoring the Session

HB 1249

bill letting districts swap test essays for writing portfolios

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Erin ZwienerDHouse 45

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to authorizing the use of a writing portfolio assessment to assess writing performance for public school students.

Caption from analyzed text · version I.

Summary

Districts design the portfolio with a college or university.

The bill lets a Texas school district swap the written-response part of the state reading test and the English I and II end-of-course tests for a writing portfolio assessment it designs with a college or university. The agency must approve a portfolio that the consulting school calls valid and reliable and that covers timed writing, growth over the year, the drafting process and more than one writing style. Districts that opt in can have campus teachers score the portfolios, skip the state written-response portion, and start in the 2025-2026 school year.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 83 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 83 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.ACROSS THE AISLE. Joint authors: 3 Republicans, 2 Democrats. Party as the Legislative Reference Library lists it for the 89th Legislature.GOT HALFWAY. Passed the House on May 16, 2025. Died in the Senate: never got out of the Education K-16 committee.

Receipt

The receipt

89R-HB1249 · 2024-11-12

SOLD BY

+ 2 more authors

ITEM

relating to authorizing the use of a writing portfolio assessment to assess writing performance for public school students.

WHAT IT DOES

Districts design the portfolio with a college or university.

The bill lets a Texas school district swap the written-response part of the state reading test and the English I and II end-of-course tests for a writing portfolio assessment it designs with a college or university. The agency must approve a portfolio that the consulting school calls valid and reliable and that covers timed writing, growth over the year, the drafting process and more than one writing style. Districts that opt in can have campus teachers score the portfolios, skip the state written-response portion, and start in the 2025-2026 school year.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 28, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Public Education
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in formal meeting
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
  13. Considered in Calendars
  14. Placed on General State Calendar
  15. Read 2nd time
  16. Passed to engrossment
  17. Record vote RV#2510
  18. Statement(s) of vote recorded in Journal
  19. Read 3rd time
  20. Postponed 5/16/25 9:00 AM
  21. Laid out as postponed business
  22. Passed
  23. Record vote RV#2921
  24. Statement(s) of vote recorded in Journal
  25. Reported engrossed
  26. Received from the House
  27. Read first time
  28. Referred to Education K-16
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 103 yea · 21 nay

Sources

House: Final passage · May 16, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$25,000.00

Texas Trial Lawyers Association PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012412, 101032309, 101061964, 101072091.

Texas Sands PAC$22,000.00

Texas Sands PAC

$22,000.00

Cash
$22,000.00
Paid by others
$0.00
Total
$22,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012412, 101032309, 101061964, 101072091.

Sandy Spears$11,545.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012412, 101032309, 101061964, 101072091.

×

Texas Sands PAC

$22,000.00

Cash
$22,000.00
Paid by others
$0.00
Total
$22,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012412, 101032309, 101061964, 101072091.

Votes2

House May 16, 2025

Yea
103
Nay
21
Present, not voting
1
Absent
3
Excused
22
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2921

HB 1249 was passed by (Record 2921): 103 Yeas, 21 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 103 (published)
  • Nay: 21 (published)
  • Present, not voting: 1 (published)
  • Absent: 3 (derived from named list)
  • Excused: 22 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 14, 2025

Yea
85
Nay
48
Present, not voting
2
Absent
7
Excused
8
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2510

HB 1249 was passed to engrossment by (Record 2510): 85 Yeas, 48 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 85 (published)
  • Nay: 48 (published)
  • Present, not voting: 2 (published)
  • Absent: 7 (derived from named list)
  • Excused: 8 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses33
For
29
Against
0
On
4
Names

For

  • Association of Texas Professional Educators (ATPE)1 registration
  • Self19 registrations
  • Self; ATPE1 registration
  • Self; Self-teacher1 registration
  • Self; Texas AFT1 registration
  • TASB1 registration
  • Texas Association of Community Schools1 registration
  • Texas Association of School Administrators1 registration
  • Texas Classroom Teachers Association1 registration
  • Texas PTA1 registration
  • Texas state teachers association1 registration

On

  • Self3 registrations
  • Texas Education Agency1 registration
Sources

33 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 28, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 83

by Rep. Zwiener, same lead author · Did not pass · same text

Introduced text

Last action, May 11, 2023: Placed on General State Calendar

Relating to authorizing the use of a writing portfolio assessment to assess writing performance for public school students.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

05/19/2025 S Referred to Education K-16

Texas Legislature Online · Introduced · House Committee Report · Engrossed

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Public Education · Committee vote 12 aye, 2 nay, 1 absent · Out of committee

Senate committee · Education K-16 · Final status: Died in committee

Subjects

Education--Primary & Secondary--Accountability

Education--Primary & Secondary--Testing

EDUCATION AGENCY, TEXAS

EDUCATION, COMMISSIONER OF

Text

The text as introduced · 494 words

89R3513 RDR-F

By: Zwiener
H.B. No. 1249

A BILL TO BE ENTITLED

AN ACT

relating to authorizing the use of a writing portfolio assessment

to assess writing performance for public school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 39, Education Code, is

amended by adding Section 39.02301 to read as follows:

Sec. 39.02301. OPTIONAL USE OF WRITING PORTFOLIO

ASSESSMENT. (a) A school district may elect to use a writing

portfolio assessment to assess writing performance for students

enrolled in the district as an alternative to administering the

portion of a reading assessment instrument under Section 39.023(a)

or English I or English II end-of-course assessment instrument

under Section 39.023(c) that is not presented in a multiple choice

format.

(b) A school district that elects to use a writing portfolio

assessment under this section shall design the assessment in

consultation with a public or private institution of higher

education and submit the assessment to the agency for approval. The

agency shall approve the assessment if the assessment is:

(1) determined by the public or private institution of

higher education that consulted on the design of the assessment to

be valid and reliable; and

(2) designed to assess:

(A) a student's mastery of the essential

knowledge and skills in writing through timed writing samples;

(B) improvement of a student's writing skills

from the beginning of the school year to the end of the school year;

(C) a student's ability to follow the writing

process from rough draft to final product; and

(D) a student's ability to produce more than one

type of writing style.

(c) A school district that elects to use a writing portfolio

assessment under this section may adopt a policy allowing the

assessment to be scored by a classroom teacher assigned to the same

campus as the student to whom the assessment is administered. The

district may coordinate with the regional education service center

for the district's region in grading the assessments.

(d) A school district that elects to use a writing portfolio

assessment under this section is not required to administer the

portion of a reading assessment instrument under Section 39.023(a)

or English I or English II end-of-course assessment instrument

under Section 39.023(c) that is not presented in a multiple choice

format during the period the district is administering the writing

portfolio assessment. The agency shall, to the greatest extent

practicable, apply cost savings that result from the exemption

under this subsection to offset the costs accrued under this

section.

(e) The commissioner shall adopt rules as necessary to

implement this section.

SECTION 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.