Rating: Misleading. A Facebook post in House District 127 grades State Rep. Charles Cunningham on three words it says are his own standard for government: protect, punish and promote. It concludes he failed all three. The post gets some facts right, but its “punish” section leaves out legislation Cunningham filed twice, and several other claims are false or unsupported.
Lake Houston Today could not find a public record of Cunningham using the “protect, punish, promote” phrase. We checked the claims inside the post on their own merits.
Protect: "His flood bill expires 2027"
False. House Bill 1532 created the Lake Houston Dredging and Maintenance District as a permanent special district. What ends in 2027 is the Legislature’s authority to send the district direct appropriations, which the law allows up to $25 million per fiscal year only for fiscal years that start before September 1, 2027, according to the City of Houston’s summary of the district. The district itself does not expire. For a fuller review of that claim, see our fact check of the dredging district claims.
Protect: "It doesn't cover Cypress Creek"
True, by design. The dredging law was written for Lake Houston. The district works in the lake and specified reaches of the San Jacinto River’s forks, Luce Bayou and Caney Creek. Cypress Creek projects were funded separately in the same session. The 2025 state budget included $54 million for the Cypress Ditch Regional Flood Mitigation Project and $22.5 million for Cypress Creek Watershed Flood Mitigation Project No. 1, according to a Bayou City Waterkeeper review of the session.
Punish: "No mandatory penalties. No reclamation bonds. The offenders pay nothing."
Misleading. The post is right that the dredging law does not regulate sand mining. It is not a mining bill. But Cunningham has filed separate sand mining bills in both of his sessions, and they contain exactly what the post says is missing.
In 2023, he filed House Bill 1093, which would have required sand mines within 1,500 feet of the San Jacinto River to file restoration plans certified by a licensed engineer or geoscientist, according to the bill text. In 2025, he filed House Bill 1163, which would have required those operators to carry financial assurance, in effect a bond, covering both restoration of the river and reclamation of the mine. It also set administrative penalties of $25,000 to $40,000 for each year an operator went without it, according to the bill text. The Legislative Budget Board noted the bill would also create a state fund, paid for by penalties, to restore water bodies damaged by unauthorized discharges.
Neither bill became law. That is a fair criticism. “He didn’t try” is not.
Punish: "Average TCEQ fine: approximately $800" and "voluntary guidelines"
Outdated and inaccurate. The $800 figure covers violations from 2013 through 2017, according to ReduceFlooding.com, which first reported it. Cunningham took office in 2023. The “voluntary” claim is also wrong. A Texas Commission on Environmental Quality rule that took effect in 2022 requires registered sand mining operations in the San Jacinto River watershed to adopt best management practices, according to the Texas House Research Organization. Whether those rules and their enforcement go far enough is a legitimate debate.
Promote: "He co-sponsored a $1 billion voucher program"
Accurate. Cunningham is listed among the House sponsors of Senate Bill 2, which created the state’s education savings account program and capped spending at $1 billion for the 2026-27 budget period, according to Texas Policy Research. He serves on the House Public Education Committee.
Promote: The program is "pulling money from Humble ISD, Spring ISD, Aldine ISD, and Huffman ISD"
Disputed. The program is paid for through a separate fund in state general revenue, not out of school district allotments, according to the bill. The Senate author argued the money came from the budget surplus, not public school funding. Opponents argue any dollar spent on private tuition is a dollar not spent on public schools. Readers can weigh that argument. The post presents it as settled fact.
The same Legislature also passed House Bill 2, which added $8.5 billion in new public school funding for the two-year budget, according to Raise Your Hand Texas, a public education advocacy group.
Promote: "Schools are cutting budgets and closing campuses"
Missing context. Some Houston-area districts, including Aldine and Spring ISDs, have considered or approved closures for 2026-27. Reporting on those decisions points to declining enrollment, lower birth rates, competition from other school options and tight budgets. The education savings account program did not begin paying for students until the 2026-27 school year, so it could not have driven decisions made before it started.
Promote: "A private school program with zero accountability"
False. Private schools must be accredited and must have operated in Texas for at least two years to accept program students. Students in grades 3 through 12 must take a national norm-referenced test or the STAAR every year, according to Community Impact. A fairer criticism, made by Raise Your Hand Texas, is that private schools and vendors are not held to the same state academic and financial accountability systems as public schools.
The bottom line
The post is correct that Cunningham supported the voucher program and that the dredging law does not cover Cypress Creek or regulate sand mines. It is wrong that his flood law expires, wrong that the voucher program has no accountability, and it hides the two sand mining bills that would have delivered the bonds and penalties it says he never pursued.
Frequently asked questions
Did Rep. Charles Cunningham file legislation to regulate sand mining on the San Jacinto River?
Yes. He filed House Bill 1093 in 2023 and House Bill 1163 in 2025. Both would have required sand mines near the San Jacinto River to file restoration plans, and HB 1163 added financial assurance and penalties of $25,000 to $40,000 a year. Neither bill became law.
Do students in the Texas education savings account program have to take state or national tests?
Yes. Students in grades 3 through 12 who use the program must take a national norm-referenced test or the STAAR each year, and participating private schools must be accredited and have operated in Texas for at least two years.
Does the Lake Houston dredging district cover Cypress Creek?
No. The district was created for Lake Houston and specified reaches of the San Jacinto River forks, Luce Bayou and Caney Creek. Cypress Creek flood projects received separate funding in the 2025 state budget.
