Tex. Education Code § 39.0263

(a) In this section, "benchmark assessment instrument" means a district-required or campus-required assessment instrument that is administered to all or most students for a subject or course in a particular grade level and that is not directly linked to instructional material recently covered in the classroom. The term includes an assessment instrument designed to prepare students for a corresponding state-administered assessment instrument, such as:

(1) a practice test;

(2) a nationally norm-referenced assessment instrument;

(3) a district-created standards assessment; or

(4) a vendor-created assessment of state standards.

(b) Except as provided by Subsection (c), a school district or campus may not administer to any student:

(1) in grades three through eight, a benchmark assessment instrument other than an alternative assessment instrument under Section 39.023(q); and

(2) in a grade other than the grades described by Subdivision (1), more than two benchmark assessment instruments during a school year before the administration of an end-of-year or end-of-course assessment instrument.

(c) The prohibition prescribed by this section does not apply to:

(1) the administration of a college preparation assessment instrument, including the PSAT, the PreACT, the SAT, or the ACT, an advanced placement test, or an international baccalaureate examination;

(2) an independent classroom examination designed or adopted and administered by a classroom teacher;

(3) a diagnostic assessment included in a screening or testing for dyslexia or a related disorder; or

(4) an assessment instrument required under state law, including under Chapter 28 or 29 or this chapter.

(d) A parent of or person standing in parental relation to a student who has special needs, as determined in accordance with commissioner rule, may request administration to the student of additional benchmark assessment instruments.