“The Damage One Teeny, Tiny Statement in TX SB 9 (HB 11) Could Do”

By Donna Garner

A wooden gavel sitting on top of a keyboard.

Once again Will Lutz is our hero!  He is this wonderful gentleman who takes the time to read CLOSELY the small print in these Texas Legislature bills.  Will Lutz has once again proved himself to be “the watchman on the wall.” 

Here is just how sneaky the teacher organizations and their lobbyists really are.

SB 9 has just cleared the Texas Senate where many good and decent Texas Senators voted for this bill without reading “the small print.”

Its companion is HB 11 which is now on the House calendar.

Of course teachers all over the state are probably ecstatic about SB 9/HB 11 because of the pay raise that is included in it.

However, quess what has been sneaked into the fine print!  One teeny, tiny sentence on p. 25, line 21 of the engrossed version of SB 9 -- https://capitol.texas.gov/tlodocs/88R/billtext/pdf/SB00009E.pdf#navpanes=0

Here is the sentence which I feel sure most of the Texas Senators who voted for this bill were not meant to notice:

SECTION 20.  The following provisions are repealed:

            (1) Section 21.042, Education Code;

Now guess what Sect. 21.042 states.

Needless to say, a person has to go to the long, complicated Texas Education Code to see what is to be repealed.  That is all part of the “game” that the leftists like to play.

Please remember that the following rule is what is to be repealed by SB 9/HB 11.

By repealing Sec. 21.042 (as stated in the teeny, tiny print) in SB 9 /HB 11, the ELECTED members of the Texas State Board of Education (SBOE) would no longer have the authority over the APPOINTED members of the State Board for Educator Certification (SBEC). In other words, the following provision would no longer exist:

Sec. 21.042. APPROVAL OF RULES. The State Board for Educator Certification must submit a written copy of each rule it proposes to adopt to the State Board of Education for review. The State Board of Education may reject a proposed rule by a vote of at least two-thirds of the members of the board present and voting. If the State Board of Education fails to reject a proposal before the 90th day after the date on which it receives the proposal, the proposal takes effect as a rule of the State Board for Educator Certification as provided by Chapter 2001, Government Code. The State Board of Education may not modify a rule proposed by the State Board for Educator Certification.

By repealing this one little provision in the Texas Education Code, the Texas Education Agency and an APPOINTED board (SBEC – State Board for Educator Certification) would have authority over the ELECTED members of the Texas State Board of Education (SBOE) that “We the People” elect.

SBEC members are tied to the teacher organizations (teacher establishment). 


Here is the zinger:  The ELECTED members of the SBOE on 4.14.23 just stopped an attempt by SBEC to impose the American Library Association’s “woke” ethics rules on Texas Public School Librarians: https://texasgop.org/sboe-rejects-woke-ala/

We who care about the health and well-being of our nation’s youth know that The American Library Association has completely sold out to the leftist, LGBTQ/social justice/CRT crowd and is recommending vile library books for our nation’s students.

What would have happened if the SBOE no longer had any authority over SBEC?

By REPEALING the SBOE’s authority over SBEC (which is intentionally buried up in this present SB9/HB 11 bill in one teeny, tiny sentence), the SBOE would lose its authority over SBEC. Through the years, many nefarious and questionable rules have come from SBEC and have been stopped by the elected members of the SBOE.  

Most public school, classroom teachers are working so hard that they probably do not even know what their teacher organization leaders are doing; but someone “at the top” figured out a very sneaky way to give SBEC unlimited control by inserting the teeny, tiny repealer provision in the midst of a huge, very popular bill.

For years, this same tactic has been used repeatedly; and Will Lutz has been our go-to person. “Thank you, Will, for your untiring service to our state and nation.”


Please contact any and all Texas Legislators and ask them to remove this repealer provision from SB 9/HB 11!

 SECTION 20.  The following provisions are repealed:

      (2) Section 21.042, Education Code;

The way to get the information on HB 11 is to go to this link at the top of the page where it says STAGES:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB11

Here is the link to Texas Legislature Online which is very helpful in tracking bills and in finding out contact information for the various members of the Texas Legislature:  https://capitol.texas.gov/

 Please do your part to get this repealer statement removed from SB 9/HB 11.