Relating to the creation of a temporary educator certificate for educators certified by other states.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
State Board for Educator Certification (SBEC) • Texas Education Agency (TEA)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Immediately effective due to supermajority passage).
Compliance Deadline: Immediate. HR protocols must be updated before processing any new out-of-state applicants.
Agency Rulemaking: SBEC is required to adopt rules "as soon as practicable."
*Regulatory Gray Zone:* The statute requires "immediate issuance" regardless of pending rules. You must operate under the statute's authority now, even before SBEC publishes specific procedural guidelines.
Immediate Action Plan
1.Revise Offer Letters: Add specific "Rescission and Conversion" contingencies to all out-of-state offers immediately.
2.Update Vetting Protocol: Instruct HR to verify the *originating* state license directly with that state's board; do not treat the new Texas Temporary Certificate as proof of vetting.
3.Audit Pending Hires: Review all currently pending out-of-state applicants to trigger the immediate issuance provision.
4.Set Hard Deadlines: Calendar a 10-month review for all new hires under this program to ensure they are on track to receive their standard certificate before the 12-month expiration.
Operational Changes Required
Contracts
Action Required: Amend employment agreements and offer letters for out-of-state hires.
Termination Clause: Insert language stating employment is contingent on the *maintenance* of the certificate. Explicitly include "rescission of temporary certification" as grounds for immediate termination without recourse.
Clawbacks: Include provisions to recoup signing or relocation bonuses if the employee fails to convert the temporary certificate to a standard certificate within the non-renewable one-year window.
Hiring/Training
Internal Vetting: HR teams must shift from relying on TEA status to independent verification. You must verify the validity of the *out-of-state* license and degree accreditation *before* making an offer, as the state will now issue the Texas certificate prior to full review.
Military Spouses: Train staff to identify military spouses immediately; their temporary certificate is valid for three years instead of one.
Reporting & Record-Keeping
Dual-Date Tracking: Your HRIS must track two distinct deadlines:
1. Expiration of the temporary certificate (1 year from issuance).
2. Issuance of the standard certificate (which supersedes the temporary one).
Evidence Retention: Retain certified copies of the applicant’s out-of-state license and official transcripts to mitigate negligent hiring liability in the event of a state rescission.
Fees & Costs
No New State Fees: The bill does not introduce new fees.
Administrative Cost: Expect a slight increase in administrative hours per hire due to the need for internal verification of out-of-state credentials.
Strategic Ambiguities & Considerations
"Immediate" vs. Chapter 22 (Fingerprinting): The statute commands immediate issuance, but Texas Education Code Chapter 22 requires background checks.
*Guidance:* Do not place an employee in the classroom until fingerprint results clear, even if they hold the physical temporary certificate. Safety statutes generally supersede administrative processing statutes.
Subject Matter Mapping: It is unclear how SBEC will map specific out-of-state subject codes (e.g., "Middle Grades Math") to Texas codes on the temporary certificate.
*Guidance:* Until rules are clarified, assume the temporary certificate is valid only for the specific subject areas listed on the originating license.
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The bill author has informed the committee that while Texas is facing a teacher shortage crisis, educators certified out of state cannot begin teaching until they have met Texas' examination and certification requirements. The bill author has also informed the committee that this can be a lengthy process, leaving these educators without work and keeping them from providing a quality education to Texas students. H.B. 1178 seeks to address this issue by providing for the immediate issuance of a one-year temporary educator certificate to out-of-state educators who apply for certification in Texas.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the State Board for Educator Certification in SECTION 1 of this bill.
ANALYSIS
H.B. 1178 repeals certain Education Code provisions relating to the temporary certificates issued to certain educators certified by another state and amends the Education Code to instead require the State Board for Educator Certification (SBEC) to create a temporary certificate for educators certified by other states and to immediately issue such a certificate to a person who applies for permanent certification and meets the following eligibility requirements for the temporary certificate:
·holds a valid, unexpired, non-temporary certificate or similar credential in another state that qualifies the person to be employed as an educator in that state; and
·holds a bachelor's degree from an institution of higher education that is, and at the time the person received the degree was, accredited.
The bill authorizes the SBEC to rescind a temporary certificate issued to a person if the SBEC determines as a result of a review of the person's credentials that the person does not meet the eligibility requirements.
H.B. 1178 prohibits the temporary certificate from being reissued or renewed and establishes that the certificate expires on one of the following dates:
·on the earlier of either the first anniversary of the date the certificate was issued or the date the person is issued a certification of educators from outside Texas; or
·for an educator who is the spouse of a person serving on active duty as a member of the U.S. armed forces, the third anniversary of the date the certificate was issued, or a later date specified by SBEC rule.
For purpose of the bill's provisions, U.S. armed forces means the army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces, and active duty means current full-time military service in those forces.
H.B. 1178 requires the SBEC to adopt rules necessary to implement the temporary certification as soon as practicable after the bill's effective date.
H.B. 1178 repeals Sections 21.052(c), (d), (d-1), and (e), Education Code, relating to temporary certifications for educators from outside Texas.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
Effective immediately, HB1178 mandates the State Board for Educator Certification (SBEC) to issue temporary certificates to qualified out-of-state educators upon application, bypassing previous processing delays. While this accelerates recruitment, it shifts the burden of initial credential verification to the employer; certificates are now "presumptive" and subject to immediate rescission if the agency later finds the applicant ineligible. Implementation Timeline Effective Date: June 20, 2025 (Immediately effective due to supermajority passage).
Q
Who authored HB1178?
HB1178 was authored by Texas Representative Charles Cunningham during the Regular Session.
Q
When was HB1178 signed into law?
HB1178 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB1178?
HB1178 is enforced by State Board for Educator Certification (SBEC) and Texas Education Agency (TEA).
Q
How urgent is compliance with HB1178?
The compliance urgency for HB1178 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB1178?
The cost impact of HB1178 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB1178 address?
HB1178 addresses topics including education, education--primary & secondary, education--primary & secondary--teachers, educator certification, state board for and intergovernmental relations.
Legislative data provided by LegiScanLast updated: November 25, 2025
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