Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE · CHAPTER 7. STATE ORGANIZATION
Texas Codes

Tex. Educ. Code § 7.003 (2026)

Limitation On Authority

✓ current as of May 2026
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Sec. 7.003. LIMITATION ON AUTHORITY. An educational function not specifically delegated to the agency or the board under this code is reserved to and shall be performed by school districts or open-enrollment charter schools.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Notes of Decisions
Cited in 7 cases, 1997–2019 · leading case: Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000).
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Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). “See Tex. Educ.Code §§ 7.003, 11.151(b); Ysleta Indep.”
San Antonio Indep. Sch. Dist. v. McKinney, 936 S.W.2d 279 (Tex. 1997). “TEX.EDUC.CODE §§ 7.003, 11.151(b). As a result, independent school districts have the "primary responsibility for implementing the [S]tate's system of public education and ensuring student performance in accordance with the code.”
United States v. Texas, 601 F.3d 354 (5th Cir. 2010). “Tex. Educ.Code §§ 7.003, 7.021(b)(1), 7.028, 11.”
Bonillas v. Harlandale Indep. Sch. Dist., 832 F. Supp. 2d 729 (W.D. Tex. 2011). “Furthermore, the funding scheme for independent school districts assures that no judgment against a district would have to be paid from the state’s treasury. McKinney, 936 S.W.”
Fort Worth Indep. Sch. Dist. v. Joseph Palazzolo (Tex. App. 2019). “151(b) (providing that the trustees of an independent school district “have the exclusive power and duty to govern and oversee the management of the public schools of the district,” that all powers and duties not specifically delegated by statute to the agency or State Board of…”
United States v. State of Texas (5th Cir. 2010). “TEX. EDUC. CODE §§ 7.003, 7.021(b)(1), 7.”
Herbert Friar v. Mike Moses, State Comm'r of Educ., in His Off. Capacity Only & Austin Indep. Sch. Dist. (Tex. App. 2000). “See Tex. Educ. Code Ann. § 7.003 ("An educational function not specifically delegated to the agency or the board under this code is reserved to and shall be performed by school districts or open-enrollment charter schools.”
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