TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 1. AGENCY ADMINISTRATION
SUBCHAPTER
N.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 1, Subchapter N, §§1.180 - 1.184, General Education Curriculum Advisory Committee, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5520). The rules will not be republished.
The new sections establish the General Education Curriculum Advisory Committee, in accordance with statutory changes made by Senate Bill (SB) 37, 89th Texas Legislature, Regular Session, adopting new Texas Education Code (TEC), §61.0522.
Rule 1.180, Authority and Specific Purposes of the General Education Curriculum Advisory Committee, establishes the statutory authority for the new advisory committee, which comes from TEC, §61.0522, adopted in SB 37. It also states that the purpose of the new advisory committee is to provide advice to the Coordinating Board for its report to the Legislature about which courses should be included in the general education curriculum of Texas institutions of higher education, which courses might implement new TEC, §51.315, and how general education curriculum may be condensed, including methods for considering a shorter core curriculum.
Rule 1.181, Definitions, contains definitions for common terms used in this subchapter. These definitions parallel definitions used in the TEC and in other parts of the Texas Administrative Code and provide clarity to the reader by distinguishing between the governing board and the agency as a whole.
Rule 1.182, Committee Membership and Officers, states the membership requirements of the new committee and the appointment process. The membership requirements are designed to ensure the committee consists of members who represent the interests of two- and four-year institutions of higher education. The rule establishes an advisory committee of fourteen members, a majority of which shall constitute a quorum.
Rule 1.183, Duration of Meetings, states that the committee will continue until September 1, 2027, as required by SB 37. The rule provides for regular meetings of the committee, which shall meet not less than monthly and upon the call of the presiding officer.
Rule 1.184, Tasks Assigned to the Committee, sets out the tasks assigned to the committee, which include providing advice to the Coordinating Board on the items required by SB 37 related to the content and length of courses offered in the general education and core curriculum by institutions of higher education, and into inform the Coordinating Board's required report and recommendations to the Legislature in advance of the 90th legislative session.
No comments were received regarding the adoption of the new rule.
The new sections are adopted under Texas Education Code, Section 61.0522, and Texas Government Code, Chapter 2110.
The adopted new sections affect Texas Education Code, §§61.052, 61.0522, 61.059, and Chapter 61, Subchapter S; Texas Government Code, Chapter 2110; and Texas Administrative Code, Chapter 1, Subchapter N.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503827
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6182
SUBCHAPTER
P.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 1, Subchapter P, §1.195, Lower-Division Academic Course Guide Manual Advisory Committee, without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4158). The rules will not be republished.
This amendment continues the Lower-Division Academic Course Guide Manual Advisory Committee for four more years.
The Lower-Division Academic Course Guide Manual Advisory Committee provides the Coordinating Board with advice and recommendations. The amendment is adopted under Texas Government Code, §2110.008, which requires the Coordinating Board by rule to provide for a different abolishment date for advisory committees to continue in existence.
Rule 1.195, Duration, is amended to change the Lower-Division Academic Course Guide Manual Advisory Committee abolishment date from October 31, 2025, to no later than October 31, 2029.
No comments were received regarding the adoption of the amendments.
The amended section is adopted under Texas Government Code, Chapter 2110.008, which provides the Coordinating Board with the authority to provide for a different abolishment date for advisory committees to continue in existence.
The adopted amendment affects Texas Administrative Code, Chapter 1, Subchapter P.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503828
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6182
CHAPTER 2. ACADEMIC AND WORKFORCE EDUCATION
SUBCHAPTER
O.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 2, Subchapter O, §2.358, Effective Dates, with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4158). The rule will be republished. Section 2.357, Reporting of Approved Self-Supporting Courses, Certificates and Degree Programs, is adopted without changes and will not be republished.
Specifically, this amendment removes the requirement that public institutions of higher education report self-supporting courses to the Coordinating Board.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.
Section 2.358(b) is revised to correct the required reporting for §2.357 to begin in 2026 instead of 2025.
Texas Education Code, §61.0512(c), assigns the Coordinating Board the responsibility to ensure that proposed academic programs have adequate financing from legislative appropriations or other funding sources. Public institutions of higher education finance self-supporting programs solely through student tuition and fees, 2.3 without reliance on state funds. These institutions must report student enrollment, semester credit hours, graduates, and fees charged for each self-supporting course, certificate, degree program, or degree track offered. This amendment reduces the requirement for institutions to report each self-supporting course, reducing administrative reporting burdens.
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, Section 61.0512(c), which provides the Coordinating Board with the authority to ensure proposed academic programs have adequate financing.
The adopted amendment affects Texas Education Code, §61.0512(c).
§2.358.
(a) Sections 2.350 - 2.356 of this subchapter are effective May 15, 2025.
(b) Section 2.357 of this subchapter is effective January 1, 2026.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503830
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6182
CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER
B.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to, Title 19, Part 1, Chapter 4, Subchapter B §4.27, Resolution of Transfer Disputes for Lower-Division Courses, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5521). The rule will not be republished.
Texas Education Code, §61.826, authorizes the Board to adopt rules regarding the procedures for resolution of transfer disputes.
Section 4.27, Resolution of Transfer Disputes for Lower-Division Courses, is amended to clarify that the institution proposing to deny the credit must notify the Coordinating Board of the dispute if it is not resolved to the satisfaction of the student or the institution that awarded the credit, as required by statute.
No comments were received regarding the adoption of amendments.
The amendment is adopted under Texas Education Code, Section 61.826, which authorizes the Coordinating Board to adopt rules regarding the procedures for resolution of transfer disputes.
The adopted amendment affects Texas Education Code, Section 61.826, and Texas Administrative Code, Title 19, Part 1, §4.27
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503831
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6182
SUBCHAPTER
C.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to, Title 19, Part 1, Chapter 4, Subchapter C, §4.52, Texas Success Initiative, with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4159). The rule will be republished.
This amendment excludes students who are public officers and employees from the statutory requirements Texas Success Initiative.
The Coordinating Board is authorized to adopt rules as necessary by Texas Education Code, §51.334. The revisions implement statutory amendments passed by the 89th Texas Legislature. Specifically, this amendment will update Coordinating Board rules to accurately reflect changes made by Senate Bill (SB) 2786, 89th Texas Legislature, Regular Session. SB 2786, amended Texas Education Code, §51.332, to clarify that the requirements for assessing college readiness under the Texas Success Initiative does not apply to entering undergraduate students who are emergency medical technicians employed by a political subdivision, fire protection personnel, or peace officers.
Rule 4.52, Applicability, is amended to add three categories of students to whom TSI and college readiness requirements do not apply: emergency medical technicians employed by a political subdivision, fire protection personnel, and peace officers.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.
Rule 4.52(b) is amended to clarify when an institution should determine whether a student is required to meet the college readiness standards.
Rule 4.52(b)(7)(B) is amended to further clarify eligibility related to employment by a political subdivision. This criteria references the definition of "employment" in the Local Government Code.
The following comments were received regarding the adoption of the amendments.
Comment: Dallas College requested clarification on whether the exemption is determined as a one-time eligibility at initial enrollment based on certification and employment status at that time, or will institutions be required to verify continued certification and employment each semester or academic year to maintain the exemption.
Response: The Coordinating Board has provided clarity to verify qualifications for non-applicability based on the new categories as outlined in §4.52(b)(7) - (9), eligibility will need to be determined at each registration period.
Comment: Grayson College requested a clear application and definition in §4.52(7)(B) for "political subdivision."
Response: The Coordinating Board proposes language will reflect requested clarify language.
The amendment is adopted under Texas Education Code, Section 51.334, which provides the Coordinating Board with the authority to adopt rules as necessary to implement the program.
The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter C.
§4.52.
(a) Except as set out in subsection (b) of this section, this subchapter applies to each entering undergraduate student not otherwise exempt under §4.54 of this subchapter (relating to Exemption).
(b) This subchapter does not apply to the following students, and an institution shall not require these students to demonstrate college readiness pursuant to this subchapter. To verify qualification under §4.52(b)(7) - (9), eligibility should be determined at each registration period. The following figure contains the full list of student categories to whom this subchapter does not apply.
Figure: 19 TAC §4.52(b) (.pdf)
(1) A student who has earned an associate or baccalaureate degree from an institution of higher education;
(2) A student who transfers to an institution of higher education from a private or independent institution of higher education or an accredited out-of-state institution of higher education and who has satisfactorily completed college-level coursework in the corresponding subject area, as transcribed or otherwise determined by the receiving institution;
(3) A student who is enrolled in a certificate program of one year or less at a public junior college, a public technical institute, or a public state college;
(4) A student enrolled in high school who is a non-degree-seeking student as defined in §4.53(8) of this subchapter (relating to Definitions);
(5) A student who is serving on active duty as a member of the armed forces of the United States, the Texas National Guard, or as a member of a reserve component of the armed forces of the United States;
(6) A student who on or after August 1, 1990, was honorably discharged, retired, or released from active duty as a member of the armed forces of the United States or the Texas National Guard or service as a member of a reserve component of the armed forces of the United States; or
(7) A student who is:
(A) certified as an emergency medical technician under Chapter 773, Health and Safety Code; and
(B) employed more than 20 hours a week by a political subdivision, according to Texas Local Government Code, §172.003;
(8) A student who is employed more than 20 hours a week as fire protection personnel by Section 419.021, Government Code; or
(9) A student who is elected, appointed, or employed more than 20 hours a week to serve as a peace officer described by Article 2A.001, Code of Criminal Procedure, or other law.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503833
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6537
SUBCHAPTER
P.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 4, Subchapter P, §§4.250 - 4.254, Program or Study Institutional Requirements, without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4160). The rules will not be republished.
Specifically, the new section reconstitutes institutional guidance to higher education institutions regarding Program of Study processes for Certificate 1 credentials, replacing Chapter 26, Subchapter A - P, which is repealed in a separate rulemaking.
Rule 4.250, Authority and Purpose, indicates that the Coordinating Board is authorized to adopt rules and establish policies and procedures for the development, adoption, implementation, funding, and evaluation of career and technical education Program of Study Curricula under Texas Education Code, §61.8235. It indicates that this subchapter covers Program of Study structures and policies for Level 1 Certificates for the purpose of encouraging statewide credit portability for degree completion and supporting recognition and credit transfer for dual-credit achievement.
Rule 4.251, Definitions, provides definitions of words and terms used in the subchapter.
Rule 4.252, General Provisions, provides language concerning semester credit hour career and technical education Program of Study Level 1 certificates, including alignment with accreditor standards and the recording of those credits on student transcripts.
Rule 4.253, Program of Study Credit Transfer, provides language concerning recognition of credit in the cases of lateral transfer (higher education institution to higher education institution) and dual credit transfer (dual credit high school to higher education institution).
Rule 4.254, Effective Date of Rules, establishes an effective date of subchapter rules of November 1, 2025.
No comments were received regarding the adoption of the new rules.
The new section is adopted under Texas Education Code), Section 61.8235, which provides the Coordinating Board with the authority to adopt rules and establish policies and procedures for the development, adoption, implementation, funding, and evaluation of career and technical education Program of Study Curricula.
The adopted new section affects Texas Education Code, Sections 28.009 and 130.008.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503834
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6209
SUBCHAPTER
Z.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in, Title 19, Part 1, Chapter 4, Subchapter Z, §§4.390 - 4.393, Uniform Standards for Publication of Cost of Attendance and Financial Aid Information, without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4163). The rules will not be republished.
This new section establishes the authority and purpose, definitions, and substantive requirements of institutions relating to the publication of cost of attendance and financial aid information on their websites. The substance of this new subchapter consists of the reconstituted Chapter 21, Subchapter PP, which is repealed in a separate rulemaking.
The Coordinating Board is authorized by Texas Education Code, §61.0777, to adopt rules relating to uniform standard.
Rule 4.390, Authority and Purpose, notes the statutory authority for the subchapter's rules and outlines the purpose of the provisions of the subchapter. It is the reconstituted and simplified §21.2220.
Rule 4.391, Definitions, establishes definitions for relevant words and terms in the subchapter. It is the reconstituted §21.2221, with definitions removed that are unnecessary or duplicative with §4.3, which contains definitions that apply throughout Chapter 4.
Rule 4.392, Publication of Cost of Attendance and Financial Aid Information, establishes the substantive requirements relating to institutions of higher education publishing cost of attendance and financial aid information on their websites. Compared with existing §21.2222, this rule provides greater detail regarding what information institutions must publish relating to cost of attendance and student financial aid, improving overall transparency for students and families.
Rule 4.393, Net Price Information, establishes the substantive requirements relating to the Coordinating Board's Net Price Calculator tool and the related institutional reporting requirements, previously addressed by other sections of §21.2222. Subsection (a) sets forth the requirements in Texas Education Code, §61.0777(f), and subsection (b) establishes institutional requirements for reporting information that is used by the tool to make accurate calculations for students.
No comments were received regarding the adoption of new rule.
The new section is adopted under Texas Education Code, Section §61.0777, which provides the Coordinating Board with the authority to adopt rules relating to the provisions of that section.
The adopted new section affects Texas Administrative Code, Title 19, Part 1, Chapter 4.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503835
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
CHAPTER 6. HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS
SUBCHAPTER
A.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 6, Subchapter A, §§6.1 - 6.10, the Family Practice Residency Program, without changes to the proposed text as published in the July 25, 2025 issue of the Texas Register (50 TexReg 4165). The rule will not be republished.
This repeal removes existing rules that have been replaced with new rules in Chapter 10, Subchapter B.
The adopted repeal of Chapter 6, Subchapter A is part of an effort to consolidate grant program rules in Chapter 10, Grant Programs. The Coordinating Board is authorized by Texas Education Code, §§61.501- 61.506, to administer the Family Practice Residency Program.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Sections 61.501 - 61.506, which provides the Coordinating Board with the authority to administer the Family Practice Residency Program.
The adopted repeal affects Texas Education Code, §§61.501 - 61.506.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503836
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6182
CHAPTER 10. GRANT PROGRAMS
SUBCHAPTER
SS.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 10, Subchapter SS, §10.890 - 10.898, Texas Reskilling and Upskilling Through Education (TRUE) Grant Program, without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4165). The rules will not be republished.
Specifically, this new section consolidates grant program related rules in Chapter 10 and will replicate the legislative intent and necessary language found in Chapter 13, Subchapter N, which is repealed in a separate rulemaking.
The adopted new subchapter establishes processes for the TRUE Grant Program's organization and implementation. The Coordinating Board is authorized by Texas Education Code, Chapter 61, Subchapter T-2, §61.882(b), to adopt rules to carry out the purpose of this program.
Rule 10.890, Authority, identifies the section of the Texas Education Code that grants the Coordinating Board authority over the TRUE Grant Program.
Rule 10.891, Purpose, sets out the purpose of the subchapter as a whole, to establish processes for the TRUE Grant Program's organization and implementation.
Rule 10.892, Definitions, lists definitions broadly applicable to all sections of subchapter N. The definitions establish a common understanding of the meaning of key terms used in the rules.
Rule 10.893, Eligibility, identifies eligible entities that may apply for the TRUE grant as specified by statute. The TRUE Grant Program has three categories of eligible entities: (1) lower-division institution of higher education; (2) consortium of lower-division institutions of higher education; or (3) local chamber of commerce, trade association, or economic development corporation that partners with a lower-division institution of higher education or a consortium of lower-division institutions of higher education.
Rule 10.894, Application Procedures, identifies TRUE grant application procedures so that grant applicants understand high level requirements and refer to the TRUE Grant Program Request for Applications (RFA) for specifics. Grant application procedures described include the number of applications eligible entities may submit, the process of submitting applications to the Coordinating Board, the importance of adhering to grant program requirements, and the requirement for proper authorization and timely submission of applications.
Rule 10.895, Awards, identifies the size and provision of TRUE grant awards. TRUE Grant Program available funding is dependent on the legislative appropriation for the program for each biennial state budget. Consequently, award levels and estimated number of awards will be specified in the program's RFA. This section also provides reference on the establishment of processes for application approval and award sizes.
Rule 10.896, Review Criteria, provides TRUE grant application review procedures. This section describes how the Coordinating Board will utilize specific requirements and award criteria described in a TRUE Grant Program RFA to review applications. Award criteria will include, but may not be limited to, consideration of key factors and preferred application attributes described in the RFA.
Rule 10.897, Reporting Criteria, describes TRUE grant reporting requirements. The Coordinating Board will request data on TRUE Grant Program funded credential programs as well as data on students enrolled in those programs. Student level data will enable the Coordinating Board to track student enrollment, credential completion, and employment data through state education and workforce databases.
Rule 10.898, General Information, indicates general information concerning the cancellation or suspension of TRUE grant solicitations and the use of the Notice of Grant Award (NOGA).
No comments were received regarding the adoption of the new rules.
The new section is adopted under Texas Education Code, Chapter 61, Subchapter T-2, Section 61.882(b), which provides the Coordinating Board with the authority to adopt rules requiring eligible entities awarded a Texas Reskilling and Upskilling Through Education (TRUE) grant to report necessary information to the Coordinating Board.
The adopted new section affects Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter SS.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503837
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6209
CHAPTER 12. OPPORTUNITY HIGH SCHOOL DIPLOMA PROGRAM
SUBCHAPTER
A.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to, Title 19, Part 1, Chapter 12, Subchapter A, §12.5, Opportunity High School Diploma, with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4168). The rule will be republished.
The adopted amendment updates the list of approved assessments for the program. It also includes a technical correction to meet the intent of correct level of attainment for the STAAR EOC exams.
The Coordinating Board adopts an amendment to the Opportunity High School Diploma program rules to update the figure containing the list of approved assessments and documentation to determine student achievement for public junior colleges approved to offer the Opportunity High School Diploma. The adopted amendment also lists the minimum score for STAAR EOC exams as 'Approaches Grade Level' as this is the level that was determined appropriate for the attainment of credit based on Texas Education Agency's STAAR EOC Performance Level Categories and is the level in the currently approved rule. The rule was inadvertently published with the Texas Register listing the minimum score as "Meets Grade Level". The technical correction sets the minimum score as "Approaches Grade Level", which is the correct standard of attainment required for a high school student to receive course credit under the Foundation High School Program.
This amendment is proposed under Texas Education Code, §130.458, which provides the Coordinating Board with the authority to adopt rules as necessary to implement the Opportunity High School Diploma Program. The assessments listed in Figure 1 are required to be used by any two-year institution that is approved to offer the diploma program in determining a student's prior learning and successful program completion. The list was established following: an analysis of assessments used in alternative high school diploma program across the nation, the determination of cut scores for high school completion in each core competency, consultation with two-year institutions on potential content gaps in the assessments and potential action to remedy gaps, and consultation with the Texas Workforce Commission.
Rule 12.5, Program Requirements, is amended to update Figure 19 TAC in subsection (d)(4) to include new approved assessments and update documentation to measure competency mastery.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under Texas Education Code, Section 130.458, which provides the Coordinating Board with the authority to adopt rules as necessary to implement the Opportunity High School Diploma Program.
The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 12, Subchapter A, Section 12.5.
§12.5.
(a) General Requirements. The Opportunity High School Diploma Program is an alternative competency-based high school diploma program to be offered for concurrent enrollment to an adult student without a high school diploma who is concurrently enrolled in a career and technical education program at a public junior college. The program may include any combination of instruction, curriculum, internships, or other means by which a student may attain the knowledge sufficient to adequately prepare the student for postsecondary education or additional workforce education.
(b) A student shall be concurrently enrolled in a program that is defined as a CTE certificate in §2.262 of this title (relating to Certificate Titles, Length, and Program Content), other than a Level 2 Certificate, Enhanced Skills Certificate, or an Advanced Technical Certificate.
(c) Curricular Requirements. An approved public junior college shall embed required instructional outcomes and performance expectations in the program. A public junior college may also add curricular elements designed to meet regional employers' needs or specific workforce needs. Required instructional outcomes and performance expectations are detailed at https://reportcenter.highered.texas.gov/contracts/workforce-education/opportunity-high-school-diploma-instructional-outcomes-and-performance-expectations/ for the five core program competencies. Core program competencies shall include:
(1) Quantitative Reasoning, including the application of mathematics to the analysis and interpretation of theoretical and real-world problems to draw relevant conclusions or solutions.
(2) Communication Skills, including reading, writing, listening, speaking, and non-verbal communication.
(3) Civics, including the structure of government, processes to make laws and policies, constitutional principles of checks and balances, separation of powers, federalism, and rights and responsibilities of a citizen.
(4) Scientific Reasoning, including problem-solving that involves forming a hypothesis, testing the hypothesis, determining and analyzing evidence, and interpreting results.
(5) Workplace Success Skills, including dependability, adaptability, working with others, initiative, resilience, accountability, critical thinking, time management, organizing, planning, problem-solving, conflict resolution, and self-awareness.
(d) Prior Learning and Program Completions. A public junior college approved to offer this program shall determine each student's competence in each of the five core program competencies set out in subsection (c) of this section prior to enrolling the student in the program of instruction and upon the student's completion of the program of instruction.
(1) The program of instruction assigned to each student will be based on the student's prior learning and assessments of the student's competencies for each of the five core program competencies set out in subsection (c) of this section. An institution may determine that a student has satisfied required learning outcomes for one or more core program competencies based on the student's prior learning.
(2) An institution may use any of the following methods as documentation of a student's prior learning in the five core program competencies:
(A) transcripted high school grades;
(B) transcripted college credit;
(C) achievement on a national standardized test such as the SAT or ACT;
(D) credit earned through military service as recommended by the American Council on Education; or
(E) demonstrated success on pre-program assessments.
(3) The Commissioner shall identify, consider, and approve assessments, in consultation with the Texas Workforce Commission, to be used by a public junior college to determine a student's successful achievement of the five core program competencies and completion of the program.
(4) Assessments approved by the Commissioner are listed in Figure 1.
Figure: 19 TAC §12.5(d)(4) (.pdf)
(5) A public junior college that is approved to offer the program shall use an approved assessment to evaluate each student's competence in the five core program competencies as required under subsection (c) of this section.
(e) Instructional Outcomes. A public junior college that is approved to offer the program shall embed the required instructional outcomes into their curriculum as required under subsection (c) of this section.
(f) Performance Expectations. A public junior college that is approved to offer the program shall embed the performance expectations into their curriculum as required under subsection (c) of this section.
(g) Location of Program. Subject to approval under this subchapter, a public junior college may enter into agreement with one or more public junior colleges, general academic teaching institutions, public school districts, or nonprofit organizations to offer this program. The public junior college may offer this program at any campus of an entity subject to an agreement to offer this program.
(h) Award of High School Diploma. A public junior college participating in the program shall award a high school diploma to a student enrolled in this program if the student satisfactorily completes an approved assessment that provides evidence of competence in the five core program requirements as required under this rule. A high school diploma awarded under this program is equivalent to a high school diploma awarded under Texas Education Code, §28.025.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503838
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6344
CHAPTER 13. FINANCIAL PLANNING
SUBCHAPTER
K.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in, Title 19, Part 1, Chapter 13, Subchapter K, §§13.191, 13.192, 13.194 - 13.197, and 13.200, Determination of Resident Status, with changes to the proposed text as published in the September 5, 2025, issue of the Texas Register (50 TexReg 5861). The rules will be republished. Sections 13.193, 13.198, 13.199, and 13.201 - 13.203, are adopted without changes and will not be republished.
This new section consolidates existing rules relating to tuition and fees with the rules determining resident status, as the two concepts are inextricably linked, provide greater clarity to rules relating to determining resident status, and codify the current practices relating to documentation needed to establish domicile. The rules also incorporate the requirements of a court order interpreting federal law related to establishing lawful presence as a condition of eligibility for resident tuition. The Coordinating Board is authorized by Texas Education Code, §54.075, to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B, Tuition Rates.
Rule 13.191, Authority and Applicability, is the reconstituted §21.21, and establishes the general statutory authority, Texas Education Code (TEC), §54.075, for the provisions of the subchapter and makes it clear that this new chapter applies to public, private, and independent institutions of higher education when determining a person's entitlement to resident status under any provision of the TEC.
Rule 13.192, Definitions, is the reconstituted §21.22, and establishes definitions for words and terms used throughout the subchapter and adds new terms. Definitions that now appear in Chapter 13, Subchapter A, have been removed from this section. Definitions that are no longer relevant because the corresponding rules that used the term have been revised or removed, such as "clear and convincing evidence," have also been removed. New language was added to the definition of "private high school" to specify that it includes a homeschool. The definition of "temporary absence" was modified to make clear that the phrase "short duration" applies to the length of absence and not to the intent to return to Texas. When definitions are defined in TEC, §54.0501, reference was made to the statute. References to the Probate Code were deleted because the Probate Code no longer exists in Texas. Also, the concepts of "possessory conservator" and other similar terms have been removed. In addition, a new definition for "lawful presence" was added to comply with requirements of federal law and implement a court order effective for Fall 2025 resident tuition determinations.
Rule 13.193, Effective Date of this Subchapter, is the reconstituted §21.23, and makes clear when changes to this subchapter are effective as it relates to making resident status decisions and provides clarification to institutions who made resident status determinations before the effective date.
Rule 13.194, Determination of Resident Status, is the reconstituted §21.24(a) and (e) to reflect TEC, §54.052, and to reflect a recent court order implementing the requirements of federal law. A person must be able to demonstrate, and each institution must verify, that the person is lawfully present in the United States and also meets one of the three classifications of resident status defined in TEC, §54.052(a)(1) - (3). Subsection (a)(1) contains language to clarify that a person cannot be a dependent if they seek to qualify for resident status under TEC, §54.052(a)(1). Subsection (a)(3) contains language to comply with a recent court order implementing the requirements of federal law that, in order to be eligible for in-state tuition, a person must be lawfully present in the United States, in addition to meeting the other requirements set forth in the new rule. As to the separate requirement of domicile, subsection (b) captures the presumption stated in TEC, §54.052(b), that the domicile of a dependent's parent is presumed to be the domicile of the dependent. This presumption of domicile is reiterated in rule to specifically correlate to a person who seeks to establish resident status under TEC, §54.052(a)(2).
Rule 13.195, Core Residency Questions, reconstitutes §21.25, to reflect TEC, §54.053. The Coordinating Board promulgates the core residency questions, and each person who applies to a Texas institution must complete the Core Residency questions, either through the ApplyTexas application or with the institution directly. Institutions may not establish their own set of residency questions. The requirements outlined in TEC, §54.053(1) - (3) as they relate to the determination of resident status classifications are incorporated into the core residency questions. Furthermore, this rule provides that non-citizen students seeking resident status under TEC, §54.052(a)(3) shall also provide to the institution an affidavit attesting to lawful presence so that an institution can make an initial determination of the person's resident status. Institutions may request any documentation when that information is necessary to substantiate information a person has listed in the "general comments" section of the Core Residency Questions, which provides the opportunity for a person to provide additional information or background commentary to substantiate their resident status claim.
Rule 13.196, Information Needed to Document Resident Status, is the reconstituted §21.24(b) - (d) and (f) - (i). The rule details the documents a person must provide to demonstrate domicile as one condition of eligibility for resident status depending upon which of the two resident categories under TEC, §54.052(a)(1) - (2), for which the person is seeking to establish resident status, depending on whether the person is claiming domicile based on the person's own domicile or, in the case of a dependent, based on the domicile of the person's parent. The documentation, which must be at least one of the four options (significant gainful employment, residential real property, marriage, or ownership of a business), must be for the consecutive twelve-month period immediately preceding the census date of the academic term the person seeks to enroll at an institution.
Subsection (a) addresses the four categories of information a person may provide to demonstrate they are domiciled in Texas under TEC, §54.052(a)(1). The four categories are substantially similar to former rule §21.24(f). Demonstrating domicile through "significant gainful employment" which is a defined term, now requires the person to show the salary they earned in Texas. For a person who is self-employed, the person must show federal tax documentation showing domicile in Texas. For Subsection (a)(2), residential real property has been broadened to account for a person who leases or rents, in addition to owning property. Subsection (b) establishes that a person who has demonstrated domicile, as outlined in at least one of the four listed factors, and who resides in Texas, is considered to have been domiciled in Texas for that period of time.
Subsection (c) addresses the four categories of information a dependent may provide to an institution to demonstrate that their parents have established domicile in Texas under TEC, §54.052(a)(2). Subsection (d) establishes that a dependent whose parent has demonstrated domicile, as outlined in at least one of the four listed factors, and who resides in Texas, is considered to have been domiciled in Texas for that period of time.
The rule also details the documents a person must provide to demonstrate the person has maintained a residence as one condition of eligibility for resident status under TEC, §54.052(a)(3). The documentation, which must be at least one of the eight options (utility bills, Texas high school transcripts, Texas voter registration card, Texas vehicle registration that was issued at least twelve months immediately preceding the census date, valid Texas driver's license or Texas identification card, lease or rental of residential real property, or other documentation used by the student to establish eligibility to enroll in the school district where the student attended high school) must be for the consecutive twelve-month period immediately preceding the census date of the academic term the person seeks to enroll at an institution. The rule also establishes that once a person demonstrates domicile under at least one of the four categories, they are considered to have maintained domiciled for that time.
Subsection (e) specifies the necessary evidence a person may use to support a claim of residence under TEC, §54.052 (a)(3)(B)(i), which mentions the "three years preceding the date of graduation or receipt of the diploma equivalent." Subsection (f) outlines options institutions may use as the necessary evidence for a person to support a claim of residence under TEC, §54.052(a)(3)(B)(ii), which reconstitutes §21.24(b), with some changes. For example, "cancelled checks" was removed from the list to support a claim of residence under TEC, §54.052(a)(3)(B)(ii), because the use of checks is now minimal and no longer as relevant. Similarly, credit reports were also removed since reports can be delayed, there may be a cost, and the report may contain sensitive information that is not relevant to the demonstration of residency. Instead of these, the rule includes new categories of information, such as a Texas driver's license, and a broad category that allows for any other documentation used by the student to establish eligibility to enroll in the school district where the student attended high school.
Subsection (g) maintains the clause under §21.24(g), and applies to all persons, no matter which category they seek to establish resident status under TEC, §54.052 (a)(1) - (3), in asserting that a person whose initial reason is to attend higher education in Texas is presumed not to make Texas their domicile.
Subsection (h) maintains the clause under §21.24(h), and applies to all persons, no matter which category they seek to establish resident status under TEC, §54.052(a)(1) - (3), in asserting that a person that a person may not establish domicile by fulfilling an educational objection or other activities that are generally performed only by temporary residents of Texas.
Subsection (i) maintains the clause under §21.24(i), exactly regarding the rights of members of the United States Armed Forces for purposes of the determination of Texas resident status.
Subsection (j) reinforces TEC, §54.075(b), that an institution cannot require evidence of resident status beyond what is stated in administrative rules. Subsection (k) is a reconstitution of §21.30(a), which serves as a reminder to institutions that they must retain documentation provided to them according to their record retention schedule. Current §21.24(d)(1) - (7), is no longer included in the determination of resident status rules, and former guidance that THECB may have issued on this subject is no longer relevant.
Rule 13.197, Continuing Resident Status, reconstitutes §21.26, to reflect TEC, §54.054. Once an institution classifies a person as a resident of Texas, the person is entitled to continue to be classified as a resident without submitting additional information, unless information is identified that would lead to a reclassification or the correction of an error, or if a person is not enrolled in a Texas institution for two or more consecutive regular semesters. The rule clarifies that both the person and the institution may identify information that warrants a change in resident status. The rule also incorporates required compliance with the standard of lawfully present.
Rule 13.198, Reclassification Based on Changed or Additional Information, reconstitutes §21.27, to reflect TEC, §54.055. Reclassification is based on new or changed information. Errors in classification, including errors due to failure of a person to provide information, are addressed in subsequent sections. Institutions are permitted to reclassify a person's status from resident to nonresident, or vice-versa, based on additional or changed information. Individuals are required to provide timely information which may affect their resident or nonresident status. Such reclassification takes effect in the current semester if the reclassification occurs prior to the census date. Otherwise, it takes effect in the first succeeding academic term. A change in eligibility for resident tuition based on the June 2025, court order implementing federal law would require each institution to reclassify students and charge the correct tuition during the Fall 2025 semester.
Rule 13.199, Errors in Classification for Nonresident Tuition, reconstitutes aspects of §21.28(a), to better reflect TEC, §54.056(a). Institutions are responsible for charging a person nonresident tuition beginning with the first academic term that begins after the date the institution discovers that the institution erroneously classified a person as a Texas resident. Liability for unpaid tuition due to an error in classification is limited by §13.200, and an institution may not request payment of the unpaid tuition until the first day of the academic term after the error is discovered.
Rule 13.200, Liability for Errors in Classification, reconstitutes additional aspects of §21.28(a), to reflect TEC, §54.057 and aspects of §54.056(a). The rule outlines those situations when a person is liable for errors in classification. Persons are liable to pay the difference in resident and nonresident tuition resulting from an erroneous classification in situations where a person failed to provide new or changed information or provided false information that the person reasonably should have known would result in a change of classification. An institution may not require a person to pay unpaid tuition owed as a condition for any subsequent enrollment by the person in the institution. However, persons who do not pay the tuition for which they are liable are restricted from receiving a certificate, diploma, or transcript under certain circumstances. Persons who are entitled to have their nonresident tuition reduced to the level of resident tuition are not liable under this section.
Rule 13.201, Institutional Errors in Classification for Resident Tuition, reconstitutes §21.28(b), to reflect TEC, §54.056(b). An institution must begin charging resident tuition in the academic term in which the institution identifies that a person was erroneously classified as a nonresident and must immediately refund the amount the person paid in excess of resident tuition.
Rule 13.202, Resident Status Determination Official, reconstitutes §21.29. Each institution must employ at least one person to serve as the resident status determination official who shall be familiar with these rules and corresponding statutes, as well as applicable state and federal laws.
Rule 13.203, Required Notification Regarding Permanent Residency, reconstitutes rule §21.30(b). An institution must notify students who are not U.S. citizens or permanent residents, and who demonstrated lawful presence, of their duty to apply for permanent resident status as soon as they are able. Institutions must notify such students upon admission, annually while the student is enrolled, and upon graduation or separation from the institution.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rule.
Section 13.191(b) is amended, in response to a comment received, to more specifically describe the specific circumstances in which the subchapter's provisions would pertain to private and independent institutions of higher education.
Section 13.192 is amended to correct a drafting error that resulted in the definition of "Significant Gainful Employment" being listed out of alphabetical order, consistent with the Coordinating Board's usual rule formatting. This has been corrected, with "Significant Gainful Employment" now defined in 13.192(12), and the section is renumbered accordingly.
Section 13.192(6) is amended, in response to a comment received, to clarify in the definition of "Parent" that a stepparent is not considered a parent unless the stepparent is a natural or adoptive parent, managing or possessory conservator, or legal guardian of the person.
Section 13.192(11) is amended, in response to a comment received, to clarify in the definition of "Residential Real Property" that the purchase of unimproved land with no habitable dwelling structure ordinarily will not support a claim of domicile
Section 13.192(13) is amended, in response to a comment received, to clarify in the definition of "Temporary Absence" that the short duration limitation does not apply to certain absences.
Section 13.194(a) is amended, in response to a comment received, to clarify that applicants for resident status have the burden to prove by clear and convincing evidence both their lawful presence in the United States and their statutory entitlement to resident status.
Section 13.194(b) is amended, in response to a comment received, to clarify that an institution may require applicants to provide filed copies of their and/or their parents' tax returns in order to help the institution determine if the applicant is or is not a dependent of one or both parents, as provided by the federal tax code.
Section 13.194(c) is amended, in response to a comment received, to allow institutions sufficient flexibility in requesting relevant documentation or information to make resident status determinations under this subchapter.
Section 13.194(d) is amended to simplify and clarify the applicable legal burden of the student under this subchapter.
Section 13.195(c) is amended, in response to a comment received, to allow institutions sufficient flexibility in requesting relevant documentation or information to clarify student responses on the Core Residency Questions.
Section 13.196(a)(1)(A) is amended, in response to a comment received, to clarify that non-salary earnings must meet the same minimum threshold amounts as required for salary
earnings under the definition of "Significant Gainful Employment."
Section 13.196(a)(4) is amended, in response to a comment received, to specify that residency based on business ownership must be ongoing, continuous, substantial and more than de minimis for the purpose of establishing Texas residency.
Section 13.196(c)(1)(A) is amended, in response to a comment received, to clarify that non-salary earnings must meet the same minimum threshold amounts as required for salary
earnings under the definition of "Significant Gainful Employment."
Section 13.196(c)(4) is amended, in response to a comment received, to specify that residency based on a dependent's parent's business ownership must be ongoing, continuous, substantial and more than de minimis for the purpose of establishing Texas residency.
Section 13.196(d) is amended with clarifying edits to improve the readability of the rule.
Section 13.196(f) is amended with clarifying edits to improve the readability of the rule.
Section 13.196(j) is amended, in response to a comment received, to allow institutions sufficient flexibility in requesting relevant documentation or information to make resident status determinations.
Section 13.197(a) is amended to refer to new subsection (c), to clarify the proper application of the continuing status designation in the context of the lawfully present determination. This is necessary to ensure ongoing compliance with federal law.
Section 13.200(a)(2) is amended to eliminate the unintentional use of the word "knowingly" and more closely align the text with statute.
The following comments were received regarding the adoption of the new rules.
The Coordinating Board has proposed the adoption of new rules as necessary to comply with the order and final judgment entered June 4, 2025, by the United States District Court in United States of America v. State of Texas, 2025 WL 1583869, Civil No. 7:25-cv-00055 (N.D. Tex., Wichita Falls Div.), hereafter the "Federal Order." The Federal Order declared that Texas Education Code, §54.051(m) and §54.052(a), "as applied to aliens who are not lawfully present in the United States, violate the Supremacy Clause and are unconstitutional and invalid." The Federal Order also permanently enjoined the State of Texas from enforcing §54.051(m) and §54.052(a), "as applied to aliens who are not lawfully present in the United States.
Comment: The Coordinating Board received a number of comments that: set forth policy positions regarding the Texas Dream Act; object to the decision of the Court and interpretation of the applicable state and federal law as set forth in the Federal Order on policy, procedural, and substantive grounds; request that the Coordinating Board's rules depart from the Federal Order by allowing in-state tuition and other education benefits be extended to those not lawfully present; and request that the Coordinating Board's rules permit institutions to delay compliance with the Federal Order, including by "grandfathering" existing students, for a period of time, including while any appeals of the Federal Order are ongoing.
The Coordinating Board received such comments from a number of individuals and organizations, including: FIEL Houston, IDRA, Texas Unitarian Universalist Justice Ministry, First Unitarian Universalist Church of Houston, Westside Unitarian Universalist Church of Fort Worth, National Council of Jewish Women - Greater Dallas Section, Eta Alpha Chapter of Sigma Lambda Beta International Fraternity at the University of Texas at Austin, Xi Chapter of Sigma Lambda Gamma National Sorority at the University of Texas at Austin, U.S. Africa Institute, Rooted Collective, Texas Citizen, TheDream.US, FWD.US, Texas Civil Rights Project, Children's Defense Fund, and Laredo Alliance, as well as Austin Community College.
Response: The Coordinating Board appreciates these comments. Although the Coordinating Board was not a party to the underlying litigation, it is legally bound by the judgment, as an agency of the State of Texas. Accordingly, the Coordinating Board must ensure that its rules comport with the Court's ruling and the construction of the applicable law set forth therein. Additionally, the Coordinating Board does not have the authority to permit any other person or institution that may be separately and independently bound by federal law and the Federal Order to delay or avoid compliance. The Coordinating Board takes no action as a result of this group of comments.
Comment: Texas Immigration Law Council (joined by IDRA, Fellowship Southwest, Every Texan, Breakthrough Central Texas, Texans for Economic Growth, Children's Defense Fund-Texas, Grantmakers Concerned with Immigrants and Refugees (GCIR), RISE for Immigrants, EdTrust in Texas, UnidosUS, Laredo Immigrant Alliance, Local Progress Texas, and Common Defense) commented that §13.191(b) extends the provisions of the subchapter to private and independent institutions of higher education in a nonspecific manner, recommending the rule be revised to note specific applications of the rule for these institutions.
Response: The Coordinating Board appreciates the comment and has considered the perspectives set forth, including the concern about potential confusion on the scope of application to private and independent institutions of higher education. Accordingly, §13.191(b) has been revised to clarify the limited circumstances in which the subchapter's provisions would pertain to private and independent institutions of higher education, namely, when a private or independent institution of higher education chooses to participate in a program or activity authorized by Texas Education Code, Title 3, that requires a determination of entitlement to resident status.
Comment: Several commenters have requested that the rules be amended to include a standardized definition of "lawful presence" and that the rules should include more guidance on the scope of the term to ensure consistent application and avoid confusion.
Additionally, several commenters expressed concern that institutions may be taking conflicting views concerning whether Deferred Action for Childhood Arrivals (DACA) students are eligible for Texas resident tuition because some institutions are classifying such students as not lawfully present while others are classifying such students as lawfully present. Commenters sought clarification as to whether the rule permits students who received DACA status to be categorized as lawfully present and thus eligible for Texas resident tuition.
The Coordinating Board received comments on this issue from: the Texas Immigration Law Council, Texas Civil Rights Project, IDRA, Fellowship Southwest, Every Texan, First Unitarian Universalist Justice Ministry, Westside Unitarian Universalist Church of Fort Worth, First Unitarian Universalist Church of Dallas, National Council of Jewish Women - Greater Dallas Section, Eta Alpha Chapter of Sigma Lambda Beta International Fraternity at the University of Texas at Austin, Xi Chapter of Sigma Lambda Gamma National Sorority at the University of Texas at Austin, Sigma Lambda Gamma National Sorority, Inc., U.S. Africa Institute, Rooted Collective, TheDream.US, FWD.US, and the Laredo Immigrant Alliance, as well as several individuals.
Response: The Coordinating Board appreciates the comments. The Federal Order pertains to persons who are "not lawfully present in the United States." The terms "lawfully present" and "not lawfully present" are complex and uniquely federal concepts, defined by Congress and implemented and interpreted by federal courts and agencies. The Coordinating Board, as a state agency, is not best positioned to create its own interpretation of these federal law terms or provide additional guidance. Each institution should confer with counsel to determine the status(es) that may be considered lawfully present during a given academic year. Accordingly, the Coordinating Board takes no action based on these comments.
With respect to DACA: The Coordinating Board appreciates these comments. Each institution of higher education is required to comply with federal court rulings in making determinations of lawful presence. As noted above, it is beyond the role of the Coordinating Board to attempt to provide a comprehensive definition of lawful presence, which is governed by federal law. Each institution must consult with its legal counsel to ensure that its determinations of eligibility for resident tuition reflect current law, including applicable case law and federal orders. See, e.g., Texas v. United States, 50 F.4th 498, 525 - 528 (5th Cir. 2022); Texas v. United States, 809 F.3d 134, 178 - 186 (5th Cir. 2015) (holding that DACA recipients are not lawfully present and thus ineligible to receive the benefit of Texas resident tuition on that basis), aff'd 579 U.S. 547, 548 (2016) (per curiam); see also Texas v. United States, 126 F.4th 392, 417 - 418, 420 (5th Cir. 2025) (holding that lawful presence is different from forbearance) (quoting DHS v. Regents of the Univ. of Cal., 591 U.S. 1, 26 n.5 (2020)).
Comment: The University of Texas at Austin proposed revising the definition of "Parent" to clarify that a stepparent who would otherwise satisfy the definition of "parent" (such as by being a child's legal guardian) is not disqualified solely by virtue of their stepparent status.
Response: The Coordinating Board appreciates and agrees with the comment. The definition of "Parent" in §13.192 has been revised to make this clarification.
Comment: The University of Texas at Austin proposed revising the definition of "Residential Real Property" to clarify that the purchase of unimproved land with no habitable dwelling structure ordinarily will not support a claim of domicile.
Response: The Coordinating Board appreciates and agrees with the comment. The definition of "Residential Real Property" in §13.192 has been revised to add this clarification.
Comment: The University of Texas at Austin proposed revising the definition of "Temporary Absence" to clarify that absences resulting from military and similar service to the federal government do not result in the loss of resident status for a person who otherwise has not
taken steps to change their Texas domicile.
Response: The Coordinating Board appreciates and agrees with the comment. The definition of "Temporary Absence" in §13.192 has been revised to add this clarification.
Comment: The University of Texas at Austin proposed revising §13.194(a) to clarify that applicants for resident status have the burden to prove by clear and convincing evidence both their lawful presence in the United States and their statutory entitlement to resident status.
Response: The Coordinating Board appreciates and agrees with the comment. The Coordinating Board has revised §13.194(a), to include the clear and convincing evidence standard.
Comment: The University of Texas at Austin proposed revising §13.194(b) to clarify that an institution may require applicants to provide filed copies of their and/or their parents' tax returns in order to help the institution determine if the applicant is or is not a dependent of one or both parents.
Response: The Coordinating Board appreciates and agrees with the comment. The Coordinating Board has revised §13.194(d) to clarify that an institution may collect information or documentation necessary to establish entitlement to resident tuition.
Comment: The University of Texas at Austin proposed revising §13.194(c) to clarify that institutions may require applicants to provide relevant documentation, including documents not specifically identified in the residency rules, in order to help universities make residency-related determinations contemplated under those rules.
Response: The Coordinating Board appreciates and agrees with the comment. While Texas Education Code, §54.075(b), limits institutions' ability to "require a person to provide evidence of resident status that is not required by Coordinating Board rule," the Coordinating Board recognizes that properly determining a student's resident status in accordance with applicable laws can be a complex and dynamic process. Accordingly, §13.194(c) has been revised to allow institutions sufficient flexibility in requesting relevant documentation or information to make resident status determinations.
Comment: The Coordinating Board received several comments expressing concerns about students' or potential students' data privacy, protection of their rights under FERPA (Family Education Rights and Privacy Act, see 34 C.F.R. 99), including requesting that THECB's rules prohibit or prevent institutions from sharing data with the U.S. government, specifically in relation to immigration enforcement.
These comments were received from: Texas Immigration Law Council, Texas Civil Rights Project, IDRA, First Unitarian Universalist Justice Ministry, Westside Unitarian Universalist Church of Fort Worth, First Unitarian Universalist Church of Dallas, Eta Alpha Chapter of Sigma Lambda Beta International Fraternity at the University of Texas at Austin, Xi Chapter of Sigma Lambda Gamma National Sorority at the University of Texas at Austin, U.S. Africa Institute, TheDream.US, and the Laredo Immigrant Alliance, as well as several individuals.
Response: The Coordinating Board appreciates the comments. The Coordinating Board and institutions are subject to state and federal privacy laws, including FERPA. The Coordinating Board does not have the authority, in its rules, to affect or restrict its own or any institution's obligations under applicable state or federal law. Institutions should in all circumstances consult with their own legal counsel to determine their legal obligations with respect to FERPA and other privacy laws and regulations. Accordingly, the Coordinating Board takes no action based on these comments.
Comment: The University of Texas at Austin proposed revising §13.195(c) to clarify that institutions may require applicants to provide relevant documentation, including documents not specifically identified in the residency rules, to help institutions make determinations contemplated under those rules.
Response: The Coordinating Board appreciates and agrees with the comment. While Texas Education Code, §54.075(b), limits institutions' ability to "require a person to provide evidence of resident status that is not required by Coordinating Board rule," the Coordinating Board recognizes that properly determining a student's resident status in accordance with applicable laws can be a complex and dynamic process. Accordingly, the Coordinating Board has revised §13.195(c) to allow institutions sufficient flexibility in requesting relevant documentation or information to clarify student responses on the Core Residency Questions.
Comment: The Coordinating Board received several comments raising concerns about proposed amendments to the core residency questionnaire as well as its use generally. Some commenters have recommended that it be modernized, amended to be clearer or reflect a different interpretation of the law, delayed in practice pending further rulings of the federal appeals court, or eliminated altogether.
These comments were received from: Texas Immigration Law Council, IDRA, Fellowship Southwest, Texas First Unitarian Universalist Justice Ministry, Eta Alpha Chapter of Sigma Lambda Beta International Fraternity at the University of Texas at Austin, Xi Chapter of Sigma Lambda Gamma National Sorority at the University of Texas at Austin, U.S. Africa Institute, and TheDream.US, as well as several individuals.
Response: The Coordinating Board appreciates this feedback. The Coordinating Board is reviewing and considering future potential action with respect to the core residency questionnaire; however, please note that, in addition to the attendant legal complexities, any such action would require adjustments to the Coordinating Board's information technology systems, which would require additional time and resources to undertake. The Coordinating Board will continue to evaluate what actions pertaining to the core residency questionnaire may be feasible or advisable in the future.
Comment: The University of Texas at Austin proposed revising §13.196(a)(1)(A) to clarify that non-salary earnings must meet the same minimum threshold amounts as required for salary
earnings under the definition of "Significant Gainful Employment."
Response: The Coordinating Board appreciates and agrees with the comment. The Coordinating Board will revise §13.196(a)(1)(A) to establish that non-salary earnings are held to the same threshold as salary earnings.
Comment: The University of Texas at Austin proposes revising §13.196(a)(2) to clarify that a rental or lease agreement covering time enrolled as a student would not qualify for resident status, consistent with the presumption in §13.196(g).
Response: The Coordinating Board appreciates the comment. The concept referenced in the comment is already present in the preceding language of the same section as well as the overarching application of §13.196(g). Accordingly, the Coordinating Board takes no action based on the comment.
Comment: The University of Texas at Austin proposes revising §13.196(a)(4) to clarify that a person's non-majority ownership interest in a business does not qualify for purposes of establishing domicile under this provision, and to provide an illustrative, non-exhaustive list of the kinds of documents a university may require applicants to provide to show customary management or continuous operation of a business.
Response: The Coordinating Board appreciates the comment. While the Coordinating Board agrees that business ownership should be more than de minimis for the purpose of establishing entitlement to resident status, the Coordinating Board believes that a majority ownership could be an overly burdensome standard in some cases. Accordingly, the Coordinating Board will revise §13.196 to provide that residency based on business ownership must be ongoing, continuous, substantial and more than de minimis for the purpose of establishing Texas residency.
Comment: The University of Texas at Austin proposes revising §13.196(c)(1)(A) and §13.196(c)(4) to make clarifications to the provisions for parental establishment of domicile parallel to the changes it proposed to the corresponding provisions of subsections §13.196(a)(1)(A) and §13.196(a)(4) describing establishment of domicile by non-dependent applicants.
Response: The Coordinating Board appreciates and agrees with the comment. Section 13.196(c)(1)(A) and §13.196(c)(4) are revised to mirror the changes in §13.196(a)(1)(A) and §13.196(a)(4).
Comment: The University of Texas at Austin proposed revising §13.196(j) to clarify that universities may require applicants to provide relevant documentation, including documents not specifically identified in the residency rules, in order to help universities make determinations contemplated under those rules.
Response: The Coordinating Board appreciates and agrees with the comment. While Texas Education Code, §54.075(b), limits institutions' ability to "require a person to provide evidence of resident status that is not required by Coordinating Board rule," the Coordinating Board recognizes that properly determining a student's resident status in accordance with applicable laws can be a complex and dynamic process. Accordingly, §13.196(j) has been revised to allow institutions sufficient flexibility in requesting relevant documentation or information to make resident status determinations.
Comment: The University of Texas at Austin proposed revising §13.203 to clarify that universities may discharge their duty to notify students who are lawfully present aliens of the students'
obligation to apply for Permanent Resident status at the earliest opportunity by posting notice of the application obligation in a prominent and appropriate location on an institutional webpage.
Response: The Coordinating Board appreciates the comment. Given the significance of the student's obligation to apply for Permanent Resident status at the earliest opportunity, the Coordinating Board has determined that requiring institutions to provide regular, direct notices to applicable students of their responsibilities does not present an undue administrative burden. Accordingly, the Coordinating Board takes no action based on this comment.
Comment: The Coordinating Board received several comments expressing objections to the adoption of the proposed rules due to the potential fiscal impact on individuals, communities, and institutions.
These comments were received from: Texas Civil Rights Project, IDRA, Texas First Unitarian Universalist Justice Ministry, First Unitarian Universalist Church of Houston, First Unitarian Universalist Church of Dallas, National Council of Jewish Women - Greater Dallas Section, U.S. Africa Institute, TheDream.US, and Laredo Immigrant Alliance, Texas Immigration Law Council (joined by IDRA, Fellowship Southwest, Every Texan, Breakthrough Central Texas, Texans for Economic Growth, Children's Defense Fund-Texas, Grantmakers Concerned with Immigrants and Refugees (GCIR), RISE for Immigrants, EdTrust in Texas, UnidosUS, Laredo Immigrant Alliance, Local Progress Texas, and Common Defense), as well as several individuals.
Response: The Coordinating Board appreciates these comments. As noted above, the promulgation of these rules is undertaken to comply with federal law. Additionally, the anticipated fiscal impact as set forth in comments is speculative at this point in time as it relates to the factors contemplated in Texas Government Code, Chapter 2001. Accordingly, the Coordinating Board takes no action based on these comments.
Comment: The Coordinating Board received comments expressing the desire that the proposed rules require additional steps and assistance from institutions in implementing the rules (and the underlying Federal Order), including that the process be made more accessible to students, that institutions provide specific administrative guidance and training and take the burden of completing necessary documents, with additional assistance for certain students.
Comments on this issue were received from: Texas Civil Rights Project, Fellowship Southwest, IDRA, Eta Alpha Chapter of Sigma Lambda Beta International Fraternity at the University of Texas at Austin, Xi Chapter of Sigma Lambda Gamma National Sorority at the University of Texas at Austin, Sigma Lambda Gamma National Sorority, Inc., U.S. Africa Institute, Rooted Collective, and Laredo Immigrant Alliance.
Response: The Coordinating Board appreciates the comments. Because the essence of such comments relates to the implementation at the institution level, and because the institutions are also subject to compliance with the Federal Order and must seek their own legal and compliance counsel regarding that obligation, the Coordinating Board has not amended its proposed rules to implement these particular recommendations into the rules but will consider these concerns for potential future action where deemed appropriate.
The new section is adopted under Texas Education Code, Section 54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.
The adopted new section affects Texas Education Code, Title 19, Part 1, Chapters 13 and 22.
§13.191.
(a) Authority. Texas Education Code, §54.075, authorizes the Board to adopt rules to carry out the purposes of Texas Education Code, chapter 54, subchapter B, concerning the determination of resident status.
(b) Applicability. Each institution of higher education shall use the provisions of this subchapter for the determination of the entitlement to resident status under any provision of the Texas Education Code, Title 3. To the extent that a private or independent institution of higher education chooses to participate in a program or activity authorized by Texas Education Code, Title 3 that requires a determination of entitlement to resident status, the institution shall use the provisions of this subchapter for that purpose.
§13.192.
In addition to the words and terms defined in §13.1 of this chapter (relating to Definitions), the following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise or the relevant subchapter specifies a different definition:
(1) Core Residency Questions--Board promulgated questions that a person completes for an institution's use in determining if the person is a Texas resident. The Core Residency Questions shall be included in the ApplyTexas Application and posted on the Board's website.
(2) Dependent--A person who:
(A) is less than 18 years of age and has not been emancipated by marriage or by court order; or
(B) is eligible to be claimed as a dependent of a parent of the person for purposes of determining the parent's income tax liability under the Internal Revenue Code of 1986 26 U.S. Code §152, regardless whether another person has claimed the dependent.
(3) Domicile--A person's principal, permanent residence to which the person intends to return after any temporary absence, as defined in Texas Education Code, §54.0501(3).
(4) Lawfully Present Alien--A non-U.S. citizen who seeks resident tuition and who proves by clear and convincing evidence that the alien is lawfully present in the United States as required by 8 U.S.C. §1623(a).
(5) Nonresident Tuition--The amount of tuition paid by a person who is not a Texas resident and who is not entitled or permitted to pay resident tuition under this subchapter and as defined in Texas Education Code, §54.0501(4).
(6) Parent--A natural or adoptive parent, managing or possessory conservator, or legal guardian of a person. Parent does not otherwise include a stepparent.
(7) Private High School--A private, parochial, or home school in Texas.
(8) Regular Semester--A fall or spring regular semester typically consisting of sixteen weeks.
(9) Residence--A person's home or other dwelling unit, as defined in Texas Education Code, §54.0501(6).
(10) Resident Tuition--The amount of tuition paid by a person who is a resident of Texas, as defined in Texas Education Code, §54.0501(7).
(11) Residential Real Property--Land and improvements that include a dwelling intended for long-term human habitation.
(12) Significant Gainful Employment--Employment, including self-employment, intended to provide an income to a person or allow a person to avoid the expense of paying another person to perform the tasks (as in child care) that is sufficient to provide at least one-half of the person's tuition, fees and living expenses as determined in keeping with the institution's student financial aid budget or that represents an average of at least twenty hours of employment per week. A person who is living off his/her earnings (present or past - such as pensions, veterans' benefits, social security, and savings from previous earnings) may be considered gainfully employed for purposes of establishing domicile, as may a person whose primary support is public assistance. Employment conditioned on student status, such as work study, internships, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment for purposes of resident determination.
(13) Temporary Absence--When a person who has previously met the criteria for resident status but is absent only for a short duration (i.e., less than one year) from the state of Texas and the person has the intention to return to the person's domicile in Texas. The short duration limitation on temporary absences does not apply to absences resulting from a person's or dependent's parent's service in the U.S. Armed Forces, U.S. Public Health Service, or U.S Department of State, due to employment assignment, or for educational purposes.
§13.194.
(a) Persons Classified as Texas Residents. Subject to other applicable provisions of this subchapter, for an institution to classify a person as a resident of Texas, the person must demonstrate by clear and convincing evidence, and each institution shall verify, that the person is a U.S. citizen or lawfully present alien and falls within at least one of the following categories:
(1) a person, other than a dependent, who qualifies for resident status pursuant to Texas Education Code, §54.052(a)(1), and who:
(A) established a domicile in Texas not later than one year (12 months) before the census date of the academic term in which the person is enrolled in an institution; and
(B) maintained that domicile continuously for the year (12 months) preceding that census date;
(2) a dependent whose parent:
(A) established a domicile in Texas not later than one year (12 months) before the census date of the academic term in which the dependent is enrolled in an institution; and
(B) maintained the domicile continuously for the year (12 months) preceding the census date; or
(3) a person who:
(A) is a U.S. Citizen, permanent resident, or is otherwise lawfully present in the United States, and graduated from a public or private high school in Texas or received a State of Texas Certificate of High School Equivalency or other diploma or high school degree recognized by the state; and
(B) maintained a residence continuously in Texas for:
(i) the three years (36 months) preceding the date of graduation or receipt of the diploma equivalent, as applicable; and
(ii) the year (12 months) preceding the census date of the academic term in which the person is enrolled in an institution.
(b) Presumption of Domicile. Pursuant to Texas Education Code, §54.052(b), the domicile of a dependent's parent, as established in accordance with §13.196(c) of this subchapter (relating to Information Needed to Document Resident Status), is presumed to be the domicile of the dependent, except when the person establishes eligibility of resident status under subsection (a)(3) of this section. An institution may require copies of a person's (and/or one or both of their parents') filed tax returns as evidence that the person is or is not a dependent.
(c) Except as provided in subsection (d) of this section, an institution may not require a person to provide evidence of resident status beyond what is necessary to make determinations under this subchapter.
(d) A person seeking resident tuition has the burden of proof to show by clear and convincing evidence that the person is eligible for resident tuition.
(1) An institution may collect information necessary to determine that a person is eligible for resident tuition.
(2) An institution may request any additional information reasonably necessary to verify that a student seeking resident tuition pursuant to Texas Education Code, §54.052(a)(3), is lawfully present. An institution may verify lawful presence by confirming an applicant's eligibility with the United States Citizenship and Immigration Services (USCIS).
§13.195.
(a) In order for an institution to make an initial determination regarding a person's resident status under §13.194 of this subchapter (relating to Determination of Resident Status), the institution shall require each student who seeks resident tuition to complete the set of Core Residency Questions provided in Figure: 19 TAC §13.195(a), which is incorporated into this subchapter for all purposes, and evidence described in §13.196 of this subchapter (relating to Information Needed to Document Resident Status).
Figure: 19 TAC §13.195(a) (.pdf)
(b) Additionally, each student seeking resident tuition under §13.194(a)(3) of this subchapter shall also provide the institution with an affidavit in the form promulgated by the Board and provided in Figure: 19 TAC §13.195(b), which is incorporated into this subchapter for all purposes, stating that the person is able to demonstrate that he or she: is a lawfully present alien, can provide any documentation necessary for the institution to verify the contents of the affidavit required by this section, and will apply to become a permanent resident of the United States as soon as the person is eligible to do so.
Figure: 19 TAC §13.195(b) (.pdf)
(c) Clarifying Core Residency Questions. In instances where answers to the Core Residency Questions under "General Comments" are unclear, an institution may request information necessary to support or clarify a person's original answers, in accordance with §13.194(d).
§13.196.
(a) Evidence Supporting Domicile in Texas Pursuant to Texas Education Code, §54.052(a)(1). Each institution shall use the factors described by paragraphs (1) - (4) of this subsection for the consecutive twelve-month period immediately preceding the census date of the academic term in which a person seeks to enroll at an institution in determining a person's claim of domicile in Texas.
(1) Significant Gainful Employment:
(A) An employer's statement of dates of employment and salary earned in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls showing the salary the person earned or pay stubs for twelve consecutive months immediately preceding the census date, reflecting significant gainful employment in Texas or proof of other equivalent income earned such as pensions, veterans' benefits, social security, and savings from previous earnings for twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
(B) For a person who is unemployed and living on public assistance, written statements from the office of one or more social service agencies located in Texas that attest to the provision of services to the person for at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
(C) For a person who is self-employed, federal tax documents showing significant gainful employment and domicile in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
(2) Residential Real Property. Sole or joint marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, renting, or leasing, with the person having established and maintained domicile at that residence during at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
(3) Marriage. Marriage certificate or declaration of registration of informal marriage with documentation to support that the spouse has established and maintained domicile in Texas for the twelve consecutive months prior to the census date of the academic term in which the person enrolls.
(4) Ownership of a Business. Documents that evidence the organization of the business in Texas for twelve consecutive months prior to the census date of the academic term in which the person enrolls that reflect the person's continuous, substantial economic interest and customary management of the business with evidence of intended continuous operation for the foreseeable future. An institution may request any documents necessary to establish entitlement to resident tuition in accordance with Section 13.194(d).
(b) A person who has established domicile by satisfying at least one of the factors described in subsection (a)(1) - (4) of this section, and who continues to` reside in Texas, except for temporary absences, is considered to have maintained domicile for the period of time unless the person takes steps to the contrary.
(c) Evidence Supporting a Dependent Pursuant to Texas Education Code, §54.052(a)(2). Each institution shall use the factors described by paragraphs (1) - (4) of this subsection for the consecutive twelve-month period immediately preceding the census date of the academic term in which a dependent seeks to enroll at an institution in determining a dependent's parent's claim of domicile in Texas.
(1) Significant Gainful Employment of the Parent:
(A) An employer's statement of dates of employment and salary earned by the dependent's parent in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls showing the salary the dependent's parent earned or pay stubs for twelve consecutive months immediately preceding the census date, reflecting significant gainful employment in Texas or proof of other equivalent income such as pensions, veterans' benefits, social security, and savings from previous earnings for twelve consecutive months immediately preceding the census date the dependent enrolls.
(B) For a dependent's parent who is unemployed and living on public assistance, written statements from the office of one or more social service agencies located in Texas that attest to the provision of services to the dependent's parent for the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.
(C) For a dependent's parent who is self-employed, federal tax documents showing domicile in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.
(2) Residential Real Property of the Parent. Sole or joint marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, rental, and leasing with the dependent's parent having established and maintained domicile at that residence during at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.
(3) Marriage of the Parent. Marriage certificate or declaration of registration of informal marriage with documentation to support that the dependent's parent's spouse has established and maintained domicile in Texas for at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
(4) Ownership of a Business of the Parent. Documents that evidence the organization of the business in Texas for at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls, that reflect the dependent's parent's continuous, substantial economic interest and customary management of the business with evidence of intended continuous operation for the foreseeable future. Documents that may be used to show customary management or continuous operation of a business include client invoices, bank statements, receipts for sales or expenses, and tax documents.
(d) For a dependent whose parent who has demonstrated domicile by satisfying at least one of the factors described in subsection (c)(1) - (4) of this section and continues to reside in Texas, except for temporary absences, the dependent's parent is considered to have maintained domicile for the period of time unless the parent takes steps to the contrary.
(e) Evidence Supporting Residence Pursuant to Texas Education Code, §54.052(a)(3)(B)(i). Each institution should accept a person's high school transcript, GED, or receipt of diploma equivalent showing three years of attendance at a public or private high school in Texas before graduation or receipt of diploma equivalent as evidence supporting a person's claim of residence in Texas. In cases where there may be a gap between a person's high school transcript, GED, or receipt of diploma equivalent, and the person is seeking to establish continuous residence for the three-year period, the person shall use the factors listed in subsection (f) of this section.
(f) Evidence Supporting Residence Pursuant to Texas Education Code, §54.052(a)(3)(B)(ii). Each institution shall require at least one of the following types of evidence in determining a person's claim of residence in Texas:
(1) Utility bills for the twelve consecutive months immediately preceding the census date;
(2) Texas high school transcript(s) for the person's full senior year or twelve months immediately preceding the census date;
(3) Texas voter registration card that was issued at least twelve months preceding the census date;
(4) Texas vehicle registration that was issued at least twelve months immediately preceding the census date;
(5) Possession of a valid Texas driver's license or Texas identification card that was issued at least twelve months immediately preceding the census date;
(6) Lease or rental of residential real property in the name of the person for the twelve consecutive months immediately preceding the census date; or
(7) any other documentation used by the student to establish eligibility to enroll in the school district where the student attended high school.
(g) A person whose initial purpose for moving to Texas is to attend an institution as a full-time student will be presumed not to have the required intent to make Texas his or her domicile; however, the presumption may be overruled by clear and convincing evidence.
(h) A person shall not be able to establish domicile by performing acts which are directly related to fulfilling educational objectives or which are required or routinely performed by temporary residents of the State.
(i) Members of the United States Armed Forces. A member of the United States Armed Services whose Home of Record with the military is Texas is presumed to be a Texas resident, as are his or her spouse and dependent children. A member whose Home of Record is not Texas but who provides the institution Leave and Earnings Statements that show the member has claimed Texas as his or her place of residence for the twelve consecutive months prior to enrollment is presumed to be a Texas resident, as are his or her spouse and dependent children.
(j) An institution may not require a person to provide evidence of resident status beyond what is necessary to make determinations under this subchapter.
(k) Documentation provided to an institution in accordance with this subchapter, must be retained by the institution in paper or electronic format as required by the institution's record retention schedule.
§13.197.
(a) Except as provided under subsections (b) and (c) of this section, a person classified by an institution as a resident of Texas under this subchapter may, without submitting the information required by §13.195 and §13.196 of this subchapter (relating to Core Residency Questions and Information Needed to Document Resident Status, respectively), be classified as a resident by any institution in each subsequent academic term in which the person enrolls unless the person provides information to the institution, or the institution identifies information, including a change in fact or law, that indicates a change in resident status is appropriate or required as indicated in §13.198 or §13.199 of this subchapter (relating to Reclassification Based on Changed or Additional Information and Errors in Classification for Nonresident Tuition, respectively).
(b) If a person is not enrolled in an institution for two or more consecutive regular semesters, then the person must reapply for resident status and shall submit the information required in §13.195 and §13.196 of this subchapter and satisfy all the applicable requirements to establish resident status.
(c) Institutions shall not apply continuing resident status to students who are not lawfully present.
§13.200.
(a) The following persons are liable to pay the difference between resident and nonresident tuition for each academic term in which the person paid resident tuition as the result of an error in classification under this subchapter:
(1) A person who, upon receiving information that the person reasonably should have known would be relevant to or could lead to a correction or reclassification of the person's resident or nonresident classification status, failed to provide the information to the institution in a timely manner;
(2) A person who provided false information to the institution that the person reasonably knew or should have known could lead to an error in classification by the institution under this subchapter; or
(3) A person whose institution received or discovered information relevant to, or could lead to, a correction of a person's resident or nonresident classification status.
(b) The person liable under subsection (a) of this section shall pay the applicable amount to the institution not later than the 30th day after the date the institution notified a person of the person's liability for the amount owed. After receiving the notice and until the amount is paid in full, the person is not entitled to receive from the institution a certificate or diploma, if not yet awarded on the date of the notice, or official transcript that is based at least partially on or includes credit for courses taken while the person was erroneously classified as a Texas resident. An institution may not withhold a transcript if prohibited by federal law.
(c) Subsequent Enrollment. An institution may not require a person to pay unpaid tuition owed as a condition for any subsequent enrollment by the person in the institution.
(d) A person who an institution erroneously classified as a resident of Texas but who is entitled or permitted to have their nonresident tuition reduced to the same amount as resident tuition is not liable for the difference between resident and nonresident tuition under this section.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503859
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: September 5, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
L.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 13, Subchapter L, §§13.200 - 13.202, Engineering Summer Program without changes to the proposed text as published in the September 5, 2025, issue of the Texas Register (50 TexReg 5867). The rules will not be republished.
This repeal eliminates rules related to a program that is not currently funded and has not been funded in recent years.
The Coordinating Board is authorized by Texas Education Code, §61.027, to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.
No comments were received regarding the adoption of repeal.
The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter L.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503860
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: September 5, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
N.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 13, Subchapter N, §§13.400 - 13.408, Texas Reskilling and Upskilling through Education (TRUE) Grant Program, without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4169). The rules will not be republished.
Specifically, this repeal relocates this subchapter to Chapter 10, Subchapter SS.
The proposed repeal of Chapter 13, Subchapter N, is part of an effort to consolidate grant program rules in Chapter 10, Grant Programs. The Coordinating Board is authorized by Texas Education Code, Chapter 61, Subchapter T-2, §61.882(b), to adopt rules to carry out the purpose of this program.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under the Texas Education Code, Chapter 61, Subchapter T-2, Section 61.882(b), which provides the Coordinating Board with the authority to adopt rules requiring eligible entities awarded a Texas Reskilling and Upskilling Through Education (TRUE) grant to report necessary information to the Coordinating Board.
The adopted repeal affects Texas Administrative Code, Title, 19, Part 1, Chapter 13, Subchapter N, §§13.400 - 13.408.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503861
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6209
SUBCHAPTER
P.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in, Title 19, Part 1, Chapter 13, Subchapter P, §§13.463, 13.466 - 13.470, 13.472, and 13.477 - 13.479, Tuition Exemptions and Waivers, with changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5523). The rules will be republished. Sections 13.460 - 13.462, 13.464, 13.465, 13.471, and 13.473 - 13.476 are adopted without changes and will not be republished.
This new section consolidates all existing rules relating to tuition exemptions and waivers; apply general provisions relating to program classification, reporting, and administration; and establish new rules relating to the Economic Development and Diversification Waiver.
Rule 13.460, Definitions, provides common definitions used across multiple programs in the subchapter, including those for "exemption," "waiver," and "mandatory" and "discretionary" exemptions and waivers to be used for program classification and reporting. Exemptions are non-waiver programs that allow eligible students to pay a reduced amount of tuition and fees. Waivers, by contrast, allow eligible nonresident students to pay the resident tuition rate. Mandatory exemptions and waivers are those that institutions are obligated to offer to eligible students (subject to specific limitations), while institutions are merely authorized (but not obligated) to offer discretionary exemptions and waivers to eligible students.
Rule 13.461, Adoption by Reference, adopts by reference the Exemptions and Waivers Summary, a document published by the Coordinating Board that specifies whether each program authorized by statute is an exemption or a waiver, as well as whether each is mandatory or discretionary. The purpose of this document is to provide greater clarity to institutions regarding the status of the dozens of authorized exemptions and waivers, most of which do not require administrative rules, for reporting, accounting, and other business purposes.
Rule 13.462, Classifications and Reporting, directs institutions to use the Exemptions and Waivers Summary in making certain determinations related to exemptions and waivers. Subsection (b) codifies current practice in directing institutions to report exemptions and waivers as part of its Financial Aid Database, Integrated Fiscal Reporting System, and Annual Financial Reports submissions. To the extent that subsection (b) covers the reporting requirements included in current rules for exemption and waiver programs, those provisions have been eliminated in their respective sections in this subchapter.
Rule 13.463, Satisfactory Academic Progress, provides for the common eligibility requirement that a student receiving an exemption make sufficient progress toward the student's intended degree or certificate. This section aligns with provisions of Texas Education Code, §54.2001. Subsection (b) provides for how a student who does not meet satisfactory academic progress requirements may re-establish eligibility. Subsection (c) provides guidance to institutions regarding how to calculate student grade point averages for this purpose, and subsection (d) clarifies the applicability of the section.
Rule 13.464, Hardship Provisions, outlines the circumstances and procedures by which a student who fails to make satisfactory academic progress or who attempts an excessive number of semester credit hours may continue to receive an exemption. The section aligns both with Texas Education Code, §54.2001, as well as similar provisions in other financial aid programs.
Rule 13.465, Restrictions on Exemptions and Waivers, states two notable restrictions on the offering of exemptions and waivers to students. Subsection (a) aligns with Texas Education Code, §54.2002, and states that an exemption or waiver may not be offered for coursework for which the institution does not receive formula funding, and subsection (b) states the restrictions associated with undergraduate students who have completed an excessive number of semester credit hours. Subsection (c) clarifies that in order to be eligible for exemptions and waivers under this subchapter, a student must be lawfully present in the United States, pursuant to United States v. Texas, No. 7:25-cv-00055-O (N.D. Tex. June 4, 2025).
Rule 13.466, Children of Professional Nursing Program Faculty and Staff Exemption, provides for the mandatory exemption offered to eligible students whose parents are employed by the student's institution as faculty or staff of the professional nursing program. The rule is the reconstituted Chapter 21, Subchapter I, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability, except that erroneous references to the parent's full-time employment status have been removed to align with statute.
Rule 13.467, Clinical Preceptors and Children Exemption, provides for the mandatory exemption to eligible persons serving as clinical preceptors and their children attending institutions of higher education. It is the reconstituted Chapter 21, Subchapter L, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability. There are no substantive changes to the rule.
Rule 13.468, Peace Officers Enrolled in Law Enforcement or Criminal Justice Courses Exemption, provides for the mandatory exemption for eligible peace officers who enroll in coursework related to their employment. It is the reconstituted Chapter 21, Subchapter Q, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability. There are no substantive changes to the rule, except that, in response to a comment received, the existing restriction on general education core curriculum courses has been revised to allow for institutional determination about relevancy to the law enforcement or criminal justice curriculum, aligning with like provisions in similar programs.
Rule 13.469, Firefighters Enrolled in Fire Science Courses Exemption, provides for the mandatory exemption for eligible professional and volunteer firefighters who enroll in coursework related to their employment. It is the reconstituted Chapter 21, Subchapter Z, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability. There are no substantive changes to the rule.
Rule 13.470, Paramedics Enrolled in Emergency Medical Services Courses, provides for the mandatory exemption for eligible paramedics who enrolled in coursework related to their employment. This new rule implements the provisions of Texas Education Code, §54.3532, as established by House Bill 1105, 89th Texas Legislature, Regular Session. Subsection (a) provides for the statutory authority, and subsection (b) establishes the program as a mandatory exemption, with exceptions established in subsections (f) and (g). Subsection (c) provides for student eligibility, including a requirement in (c)(2) that the student must be certified or licensed as a paramedic by the Texas Department of State Health Services. Subsections (d) and (e) relate to institutions identifying, and the Coordinating Board publishing, a list of eligible emergency medical services degree and certificate programs in which an eligible student must be enrolled to receive an exemption. Subsection (f) outlines exceptions to the exemption as provided in Texas Education Code, §54.3532(d) and (e). Subsection (g) provides for a cap on exemptions offered in a certain number of eligible courses offered exclusively via distance education, as described in Texas Education Code, §54.3532(f) and (g)(1)(C).
Rule 13.471, Good Neighbor Program, provides for the discretionary exemption program offered to eligible students who are citizens or permanent residents of other nations in the Western Hemisphere. It is the reconstituted Chapter 21, Subchapter U, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability, except that subsection (f), which relates to the Coordinating Board's selection methodology for nominated students, has been substantively edited to more closely reflect current practice.
Rule 13.472, Educational Aide Exemption, provides for the mandatory (subject to available appropriated funds) exemption program for eligible students who have worked as educational aides. It is the reconstituted Chapter 21, Subchapter II, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability. The only substantive change to the rule is to omit the rule directive to the Coordinating Board to publish an application form for the program annually, which was outdated given changes made to statute regarding institutional responsibility for making eligibility determinations.
Rule 13.473, Dependent Children of Armed Forces Members Deployed on Combat Duty Exemption, provides for the mandatory exemption for eligible students who are the dependent children of a member of the armed forces who is deployed on active duty outside the United States. It is the reconstituted Chapter 21, Subchapter TT, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability. There are no substantive changes to the rule.
Rule 13.474, Reciprocal Educational Exchange Program, provides for the discretionary waiver offered as part of institutions' reciprocity agreements with international institutions for exchange student programs. It is the reconstituted Chapter 21, Subchapter AA, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability. Current §21.909, was eliminated as it provided guidance to institutions that could be construed as a directive to institutions but is better presented as a recommendation in program informational materials.
Rule 13.475, Border County Waiver, provides for mandatory waivers offered to eligible students from Mexico who attend institutions in a county along the Texas-Mexico border. It is the reconstituted Chapter 21, Subchapter TT, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability. Provisions of that subchapter relating to the Citizens of Mexico Pilot Program, which is distinct from the Border County Waiver, have instead been moved into §13.476, for greater clarity. There are no substantive changes to the rule.
Rule 13.476, Citizens of Mexico Waiver Pilot Program, provides for the discretionary waiver pilot program authorized by Texas Education Code, §54.231(c). This program allows general academic teaching institutions and public technical institutions, regardless of geography, to offer a limited number of waivers to eligible students from Mexico who demonstrate financial need. This rule is the reconstituted applicable elements of current Chapter 21, Subchapter BB, condensed into a single section with nonsubstantive edits to improve rule clarity and readability. There are no substantive changes to the operation of the pilot program as a result of this rule change; however, the requirement of full-time enrollment has been removed to align with the authorizing statute.
Rule 13.477, Texas National Student Exchange Program Waiver, provides for discretionary waivers offered to nonresident students who attend Texas institutions as part of the National Student Exchange Program. It is the reconstituted Chapter 21, Subchapter EE, condensed into a single section, reorganized, and with nonsubstantive edits to improve rule clarity and readability. There are no substantive changes to the rule.
Rule 13.478, Competitive Scholarships Waiver, provides for discretionary waivers offered to nonresident students who receive a merit-based scholarship from their Texas institution. It is the reconstituted §21.2263, reorganized and with nonsubstantive changes to clarify eligibility requirements.
Rule 13.479, Economic Development and Diversification Waiver, provides for the mandatory waiver offered to nonresident students who have relocated to Texas due to the student's or the student's family's employment by a business that became established in Texas as part of a state economic development or diversification program. This is a new rule, authorized by Texas Education Code, §54.222. Subsection (b) establishes that all institutions of higher education shall offer this waiver to eligible students. Subsection (c) provides for student eligibility, including residency and Selective Service requirements, as well as the conditions of the student's or the student's family's relocation. Subsection (d) clarifies the family members whose relocation may confer eligibility for the waiver to the student. Subsection (e) codifies the Coordinating Board's current practice of publishing a list of relocated companies, the employees (and by extension, their families) of which may receive a waiver, as well as the date by which a student associated with that company must enroll to qualify for a waiver.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rule.
Section 13.463(b)(2) is amended to clarify the language through a non-substantive citation adjustment.
Section 13.466(f) is amended to clarify the language through a non-substantive citation adjustment.
Section 13.467(d)(4)(B) is amended to clarify the language through a non-substantive citation adjustment.
Section 13.467(e) is amended to clarify the language through a non-substantive citation adjustment.
Section 13.468(f)(2) is amended to state that courses making up the general education core curriculum are not subject to the exemption described by that section unless the institution identifies the courses as being part of the criminal justice or law enforcement curriculum, allowing for institutional flexibility in determining whether the exemption is administered at the program or course level.
Section 13.469(e)(2) is amended to state that courses making up the general education core curriculum are not subject to the exemption described by that section unless the institution identifies the courses as being part of the fire science curriculum, allowing for institutional flexibility in determining whether the exemption is administered at the program or course level.
Section 13.470(e)(2) is amended to state that courses making up the general education core curriculum are not subject to the exemption described by that section unless the institution identifies the courses as being part of the emergency medical services curriculum, allowing for institutional flexibility in determining whether the exemption is administered at the program or course level.
Section 13.472(c)(2)(B) is amended to clarify the language through a non-substantive citation adjustment.
Section 13.472(f)(2) is amended to clarify the language through a non-substantive citation adjustment.
Section 13.479(d) is amended to clarify the language through a non-substantive citation adjustment.
Section 13.477(e) is renumbered to 13.477(f) due to the addition set forth below.
Section 13.477 is amended to add 13.477(e) stating that a student participating in the Texas National Student Exchange Program Waiver from another state is exempt from Texas Education Code, chapter 51, subchapter F-1, unless such student becomes a degree -seeking undergraduate student at a Texas institution of higher education.
Section 13.478(c)(4) is amended to clarify that an eligible competitive scholarship must be available, rather than offered, to both residents and nonresidents. This is to ensure the rule reflects the Coordinating Board's existing understanding and practice that, for example, an otherwise eligible competitive scholarship for which there is only one recipient per year can qualify a student for the waiver, provided both resident and nonresident students could have received the scholarship.
The following comments were received regarding the adoption of the new rules.
The Coordinating Board has proposed amendments to these rules as necessary to comply with the order and final judgment entered June 4, 2025, by the United States District Court in United States of America v. State of Texas, 2025 WL 1583869, Civil No. 7:25-cv-00055 (N.D. Tex., Wichita Falls Div.), hereafter the "Federal Order." The Federal Order declared that Texas Education Code, §54.051(m) and §54.052(a), "as applied to aliens who are not lawfully present in the United States, violate the Supremacy Clause and are unconstitutional and invalid." The Federal Order also permanently enjoined the State of Texas from enforcing §54.051(m) and §54.052(a), "as applied to aliens who are not lawfully present in the United States."
Comment: The Coordinating Board received a number of comments that: set forth policy positions regarding the Texas Dream Act; object to the decision of the Court and interpretation of the applicable state and federal law as set forth in the Federal Order on policy, procedural, and substantive grounds; request that the Coordinating Board's rules depart from the Federal Order by allowing in-state tuition and other education benefits be extended to those not lawfully present; and request that Coordinating Board's rules permit institutions to delay compliance with the Federal Order, including by "grandfathering" existing students, for a period of time, including while any appeals of the Federal Order are ongoing.
The Coordinating Board received such comments from a number of individuals and organizations, including: FIEL Houston, IDRA, Texas Unitarian Universalist Justice Ministry, First Unitarian Universalist Church of Houston, Westside Unitarian Universalist Church of Fort Worth, National Council of Jewish Women - Greater Dallas Section, Eta Alpha Chapter of Sigma Lambda Beta International Fraternity at the University of Texas at Austin, Xi Chapter of Sigma Lambda Gamma National Sorority at the University of Texas at Austin, U.S. Africa Institute, Rooted Collective, Texas Citizen, TheDream.US, FWD.US, Texas Civil Rights Project, Children's Defense Fund, and Laredo Alliance, as well as Austin Community College.
Response: Although the Coordinating Board was not a party to the underlying litigation, it is legally bound by the judgment, as an agency of the State of Texas. Accordingly, the Coordinating Board must ensure that its rules comport with the Court's ruling and the construction of the applicable law set forth therein. Additionally, the Coordinating Board does not have the authority to permit any other person or institution that may be separately and independently bound by federal law and the Federal Order to delay or avoid compliance.
Comment: Several commenters have requested that the rules be amended to include a standardized definition of "lawful presence" and that the rules should include more guidance on the scope of the term to ensure consistent application and avoid confusion.
Additionally, several commenters expressed concern that institutions may be taking conflicting views concerning whether Deferred Action for Childhood Arrivals (DACA) students are eligible for Texas resident tuition because some institutions are classifying such students as not lawfully present while others are classifying such students as lawfully present. Commenters sought clarification as to whether the rule permits students who received DACA status to be categorized as lawfully present and thus eligible for Texas resident tuition.
The Coordinating Board received comments on this issue from: the Texas Immigration Law Council, Texas Civil Rights Project, IDRA, Fellowship Southwest, Every Texan, First Unitarian Universalist Justice Ministry, Westside Unitarian Universalist Church of Fort Worth, First Unitarian Universalist Church of Dallas, National Council of Jewish Women - Greater Dallas Section, Eta Alpha Chapter of Sigma Lambda Beta International Fraternity at the University of Texas at Austin, Xi Chapter of Sigma Lambda Gamma National Sorority at the University of Texas at Austin, Sigma Lambda Gamma National Sorority, Inc., U.S. Africa Institute, Rooted Collective, TheDream.US, FWD.US, and the Laredo Immigrant Alliance, as well as several individuals.
Response: The Coordinating Board appreciates the comments. The Federal Order pertains to persons who are "not lawfully present in the United States." The terms "lawfully present" and "not lawfully present" are complex and uniquely federal concepts, defined by Congress and implemented and interpreted by federal courts and agencies. THECB, as a state agency, is not best positioned to create its own interpretation of these federal law terms nor provide additional guidance. Accordingly, the Coordinating Board takes no action based on these comments.
With respect to DACA: The Coordinating Board appreciates these comments. Each institution of higher education is required to comply with federal court rulings in making determinations of lawful presence. As noted above, it is beyond the role of the Coordinating Board to attempt to provide a comprehensive definition of lawful presence, which is governed by federal law. Each institution must consult with its legal counsel to ensure that its determinations of eligibility for resident tuition reflect current law, including applicable case law and federal orders. See, e.g., Texas v. United States, 50 F.4th 498, 525-528 (5th Cir. 2022); Texas v. United States, 809 F.3d 134, 178 - 186 (5th Cir. 2015) (holding that DACA recipients are not lawfully present and thus ineligible to receive the benefit of Texas resident tuition on that basis), aff'd 579 U.S. 547, 548 (2016) (per curiam); see also Texas v. United States, 126 F.4th 392, 417 - 418, 420 (5th Cir. 2025) (holding that lawful presence is different from forbearance) (quoting DHS v. Regents of the Univ. of Cal., 591 U.S. 1, 26 n.5 (2020)).
Comment: The Coordinating Board received comments expressing the legal and policy position that the requirement in proposed rule §13.465 of lawful presence as a component of eligibility is contrary to or exceeds the spirit and scope of the Federal Order and the Coordinating Board's statutory authority to promulgate rules governing waivers and exemptions.
Comments on this matter were received from: The University of Texas at El Paso and the Texas Immigration Law Council (joined by IDRA, Fellowship Southwest, Every Texan, Breakthrough Central Texas, Texans for Economic Growth, Children's Defense Fund-Texas, Grantmakers Concerned with Immigrants and Refugees (GCIR), RISE for Immigrants, EdTrust in Texas, UnidosUS, Laredo Immigrant Alliance, Local Progress Texas, and Common Defense).
Response: The Coordinating Board appreciates the comments. The Coordinating Board has reviewed all of the concerns expressed but does believe that this eligibility requirement for exemptions and waivers (which allow a student to pay reduced or potentially no tuition) is in alignment with the text and intended scope of the Federal Order and the correct construction of the applicable authorities as set forth by the federal court in its rulings, and also falls within the Coordinating Board's authority under Texas law. In providing rules to govern the application of waivers and extensions, it is incumbent upon the Coordinating Board to ensure its rules are not only in alignment with state law but also federal law. The Coordinating Board takes no action as a result of these comments.
Comment: Texas Tech University commented regarding rule §13.470, requesting that the rule be revised to allow the exemption to be applied at program level, inclusive of core curriculum requirements, rather than being limited to isolated courses.
Response: The Coordinating Board appreciates the comment. The commentor correctly states that the rule as published deviated from existing rules relating to the Firefighters Enrolled in Fire Science Courses Exemption, on which the paramedic exemption was explicitly modeled. Accordingly, subsection (e)(2) of the rule is amended to align with the Firefighters Enrolled in Fire Science Courses Exemption rule that existed prior to adoption, to allow institutions to determine whether general education core curriculum courses are considered part of the emergency medical services curriculum, and thus subject to the exemption.
Moreover, as a result of the comment and in the interests of administrative consistency and flexibility, similar amendments were made to §13.468(f)(2) and §13.469(e)(2), corresponding rule provisions in the Peace Officers Enrolled in Law Enforcement or Criminal Justice Courses Exemption and Firefighters Enrolled in Fire Science Courses Exemption programs, respectively.
The new sections are adopted under Texas Education Code, Sections 51.930, 54.213, 54.222, 54.2031, 54.231, 54.331, 54.353, 54.3531, 54.3532, 54.355, 54.356, and 54.363, which provide the Coordinating Board with the authority to adopt rules relating to the exemption and waiver programs included in the subchapter.
The adopted new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 13.
§13.463.
(a) Satisfactory Academic Progress. A student who receives an exemption under this subchapter during a semester or term at an institution of higher education may continue to receive the exemption only if the student maintains a grade point average that satisfies the institution's grade point average requirement for making satisfactory academic progress toward a degree or certificate, unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).
(b) Re-Establishing Eligibility. If on the completion of any semester or term a student fails to meet the grade point average requirement described by subsection (a) of this section, the student may not receive the exemption during the following semester or term. The student may become eligible to receive an exemption in a subsequent semester or term if the student:
(1) completes a semester or term during which the student is not eligible for the exemption;
(2) meets the grade point average requirement described by paragraph (b)(1) of this section; and
(3) meets all other eligibility requirements for the exemption.
(c) The institution shall calculate a student's grade point average in accordance with §22.10 of this title (relating to Grade Point Average Calculations for Satisfactory Academic Progress).
(d) Applicability. The provisions of this section do not apply to waivers, as defined in §13.460 of this subchapter (relating to Definitions) or to the exemptions authorized by Texas Education Code, §§54.217; 54.341(a-2)(1)(A), (B), (C), or (D) and (b)(1)(A), (B), (C), or (D); 54.342; 54.366; or 54.367.
§13.466.
(a) Authority. Authority for this section is provided in the Texas Education Code, §54.355.
(b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Child--A child 25 years or younger, including an adopted child.
(2) Graduate Professional Nursing Program--An educational program of a public institution of higher education that prepares students for a master's or doctoral degree in nursing.
(3) Undergraduate Professional Nursing Program--A public educational program for preparing students for initial licensure as registered nurses.
(c) Participating Institutions. An institution of higher education, as defined by §13.1 of this chapter (relating to Definitions), that offers an undergraduate or graduate professional nursing program, as defined in subsection (b) of this section, shall provide an exemption to eligible students in accordance with this section.
(d) Eligible Students. To be eligible for an exemption under this section, a student must:
(1) be a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);
(2) not have been granted a baccalaureate degree;
(3) be enrolled at an institution of higher education that offers an undergraduate or graduate program of professional nursing;
(4) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);
(5) be the child of an individual who:
(A) at the beginning of the semester or other academic term for which an exemption is sought:
(i) holds a master's or doctoral degree in nursing, and who is employed by an undergraduate or graduate professional nursing program at a participating institution as a member of the faculty or staff, with duties that include teaching, performing research, serving as an administrator, or performing other professional services; or
(ii) holds a baccalaureate degree in nursing, and who is employed by a professional nursing program at a participating institution as a full-time teaching assistant; or
(B) during all or part of the semester or other academic term for which an exemption is sought:
(i) holds a master's or doctoral degree in nursing, and who has contracted with an undergraduate or graduate professional nursing program in this state to serve as a member of its faculty or staff with duties that include teaching, performing research, serving as an administrator, or performing other professional services; or
(ii) holds a baccalaureate degree in nursing, and who has contracted with a professional nursing program offered by a participating institution to serve as a teaching assistant;
(6) be enrolled at the same institution of higher education at which the student's parent is currently employed or with which the parent has contracted, as described in paragraph (5) of this subsection; and
(7) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).
(e) Discontinuation of Eligibility. In addition to the limitations on eligibility described by §13.465 of this subchapter (relating to Restrictions on Exemptions and Waivers), a person's eligibility for an exemption under this section ends after the person has received exemptions under this section for 10 semesters or summer sessions. For the purposes of this subsection, a summer session that is less than nine weeks in duration is considered one-half of a summer session.
(f) Proration of Exemption. If the student's parent described by paragraph (d)(5) of this section is employed on less than a full-time basis, the institution shall prorate the value of the exemption in accordance with the parent's employment load. Regardless of the employment load, the exemption shall not be for less than 25 percent of the student's tuition.
(g) Application. To apply for an exemption under this section, a student shall submit to his or her institution a completed Professional Nursing Faculty and Staff Exemption Application, which the Coordinating Board shall publish on its website.
§13.467.
(a) Authority. Authority for this section is provided in the Texas Education Code, §54.356.
(b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Child--A child 25 years or younger, including an adopted child.
(2) Clinical Preceptor or Preceptor--A registered nurse or other licensed health professional who meets the requirements below and who is not paid as a faculty member by an institution of higher education, but who directly supervises a nursing student's clinical learning experience in a manner prescribed by a signed written agreement between the educational institution, preceptor, and affiliating agency. A clinical preceptor has the following qualifications:
(A) competence in designated areas of practice;
(B) a philosophy of health care congruent with that of the nursing program;
(C) current licensure or privilege as a registered nurse in the State of Texas; and
(D) if not a registered nurse, holds a current license in Texas as a health care professional with a minimum of a bachelor's degree in that field.
(c) Participating Institutions. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) shall provide an exemption under this section to all eligible persons enrolled at the institution.
(d) Eligible Students. To be eligible for an exemption under this section, a student must:
(1) be a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);
(2) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);
(3) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions); and
(4) be one of the following:
(A) a registered nurse who serves, on average, at least one day per week under a written preceptor agreement with an undergraduate professional nursing program as a clinical preceptor for students enrolled in the program for:
(i) the time period the program conducts clinicals during the semester or other academic term for which the exemption is sought; or
(ii) the time period the program conducted clinicals during a semester or other academic term that ended less than one year prior to the beginning of the semester or term in which the exemption is to be used; or
(B) an undergraduate student who is the child of a clinical preceptor described by subparagraph (d)(4)(A) of this section, regardless of whether the preceptor also is receiving or has received an exemption based on the same period of service.
(e) Discontinuation of Eligibility. In addition to the limitations on eligibility described by §13.465 of this subchapter (relating to Restrictions on Exemptions and Waivers), a person described by subparagraph (d)(4)(B) of this section is no longer eligible to receive an exemption under this section if the person has:
(1) received a baccalaureate degree; or
(2) previously received exemptions under this section for 10 semesters or summer sessions. For the purpose of this subsection, a summer session that is less than nine weeks in duration is considered one-half of a summer session.
(f) Exemption Amount. The value of an exemption granted under this program is equal to $500 or the student's tuition, whichever is less.
(g) Application. To apply for an exemption under this section, a student shall submit to his or her institution a completed Clinical Preceptor Exemption Application, which the Coordinating Board shall publish on its website.
§13.468.
(a) Authority. Authority for this section is provided in the Texas Education Code, §54.3531.
(b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), in this section, the term "undergraduate student" means a person who has not previously been awarded a baccalaureate degree.
(c) Participating Institutions. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) shall provide an exemption to an eligible student for tuition and laboratory fees associated with eligible courses in accordance with this section. The exemption does not apply to security deposits for the return or proper care of property loaned to the student.
(d) Eligible Student. To be eligible for an exemption under this section, a student must:
(1) be an undergraduate student enrolled in an eligible criminal justice or law enforcement-related degree or certificate program;
(2) be employed as a peace officer, as defined in Texas Code of Criminal Procedure, §2A.001, by this state or by a political subdivision of this state;
(3) apply for the exemption at least one week before the last day of the institution's regular registration period for that semester;
(4) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration); and
(5) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).
(e) Eligible Degree or Certificate Programs. Each institution of higher education shall identify criminal justice or law enforcement-related degree or certificate programs offered by the institution and submit a list of the identified programs to the Coordinating Board. The Coordinating Board shall compile and publish a list of all institutions' identified programs on its website.
(f) Eligible Courses.
(1) An exemption provided under this section applies only to courses pertaining to criminal justice or law enforcement-related degree or certificate programs published by the Coordinating Board in accordance with subsection (e) of this section.
(2) An institution shall not apply an exemption to courses that make up the general education core curriculum required for all degrees unless such courses are identified by the institution as being part of the criminal justice or law enforcement curriculum.
(3) For a given eligible course, not more than 20 percent of the maximum student enrollment designated by the institution may receive an exemption under this section.
(g) Report to Legislature. If the Legislature does not specifically appropriate funds to an institution of higher education in an amount sufficient to pay the institution's costs in complying with this section for a semester, the governing board of the institution shall report to the Senate Finance Committee and the House Appropriations Committee the cost to the institution of complying with this section for that semester.
§13.469.
(a) Authority. Authority for this section is provided in the Texas Education Code, §54.353.
(b) Participating Institutions. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) shall provide an exemption to an eligible student for tuition and laboratory fees associated with eligible courses in accordance with this section. The exemption does not apply to security deposits for the return or proper care of property loaned to the student.
(c) Eligible Students. To be eligible for an exemption under this section, a student must:
(1) be enrolled at a participating institution;
(2) be either:
(A) a paid firefighter employed by a political subdivision of the State of Texas; or
(B) a volunteer firefighter who:
(i) is currently, and has been for the past year, an active member of an organized volunteer fire department in this state that participates in the Texas Emergency Services Retirement System or a retirement system established under the Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes); and
(ii) holds one of the following credentials:
(I) an Accredited Advanced level of certification, or an equivalent successor certification, under the State Firemen's and Fire Marshals' Association of Texas volunteer certification program; or
(II) a Phase V (Firefighter II) certification, or an equivalent successor certification, under the Texas Commission on Fire Protection's voluntary certification program under Texas Government Code, §419.071;
(3) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration); and
(4) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).
(d) Eligible Degree or Certificate Program. Each institution of higher education shall identify fire science degree or certificate programs offered by the institution and submit a list of the identified programs to the Coordinating Board. The Coordinating Board shall compile and publish a list of all institutions' identified programs on its website.
(e) Eligible Courses.
(1) An exemption provided under this section applies only to courses pertaining to fire science degree or certificate programs published by the Coordinating Board in accordance with subsection (d) of this section.
(2) An institution shall not apply an exemption to courses that make up the general education core curriculum required for all degrees unless such courses are identified by the institution as being part of the fire science curriculum.
(f) Exception. Notwithstanding subsection (c) of this section, an exemption applied under this section does not apply to any amount of tuition the institution:
(1) elects to charge a resident undergraduate student under Texas Education Code, §54.014(a) or (f); or
(2) charges a graduate student in excess of the amount of tuition charged to similarly situated graduate students because the student has a number of semester credit hours of doctoral work in excess of the applicable number provided by Texas Education Code, §61.059(l)(1) or (2).
§13.470.
(a) Authority. Authority for this section is provided in the Texas Education Code, §54.3532.
(b) Participating Institutions. An institution of higher education, as defined in §13.1 of this chapter (relating to Definitions) shall provide an exemption to an eligible student for tuition and laboratory fees associated with eligible courses in accordance with this section. The exemption does not apply to security deposits for the return or proper care of property loaned to the student.
(c) Eligible Students. To be eligible for an exemption under this section a student must:
(1) be enrolled at a participating institution;
(2) hold an EMT-Paramedic certification or Paramedic license issued by the Texas Department of State Health Services;
(3) be employed as a paramedic by a political subdivision of this state;
(4) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration); and
(5) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions).
(d) Eligible Degree or Certificate Program. Each institution of higher education shall identify emergency medical services degree or certificate programs offered by the institution and submit a list of the identified programs to the Coordinating Board. The Coordinating Board shall compile and publish a list of all institutions' identified programs on its website.
(e) Eligible Courses.
(1) An exemption provided under this section applies only to courses pertaining to emergency medical services degree or certificate programs published by the Coordinating Board in accordance with subsection (d) of this section.
(2) An institution shall not apply an exemption to courses that make up the general education core curriculum required for all degrees unless such courses are identified by the institution as being part of the emergency medical services curriculum.
(f) Exceptions. Notwithstanding subsection (b) of this section, an exemption applied under this section does not apply to any amount of tuition the institution:
(1) elects to charge a resident undergraduate student under Texas Education Code, §54.014(a) or (f); or
(2) charges a graduate student in excess of the amount of tuition charged to similarly situated graduate students because the student has a number of semester credit hours of doctoral work in excess of the applicable number provided by Texas Education Code, §61.059(l)(1) or (2).
(g) Distance Education.
(1) Each semester or term, a participating institution may designate up to three eligible courses offered exclusively via distance education as excluded courses.
(2) Notwithstanding subsection (b) of this section, for excluded courses designated under paragraph (1) of this subsection, a participating institution is not required to offer exemptions to students enrolled in the course in excess of 20 percent of the maximum student enrollment designated by the institution for that course.
§13.472.
(a) Authority. Authority for this section is provided in the Texas Education Code, §54.363.
(b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Educational Aide--A person who has been employed by a public school district in Texas in a teaching capacity working in the classroom directly with the students for at least one year on a full-time basis. It may include substitute teachers who have been employed by a public school district in Texas for 180 or more full days in a teaching capacity working in the classroom directly with students.
(2) Program--The Educational Aide Exemption Program.
(c) Eligible Institutions.
(1) Eligibility. Any institution of higher education, as defined in §13.1 of this chapter (relating to Definitions), is eligible to participate in the Program.
(2) Participation.
(A) Agreement. Each eligible institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner, prior to indicating its intent to participate in the program.
(B) Intent to Participate. Subject to subsection (c)(2)(A), to receive an allocation for the forthcoming fiscal year, an eligible institution must indicate its intent to participate in the program in the applicable year in the manner prescribed and by the deadline established by the Coordinating Board.
(3) A participating institution shall offer an exemption under this section to a student meeting the eligibility requirements established in subsection (e) of this section, except that an institution is not required to offer exemptions beyond those funded through appropriations specifically designated for this purpose. An institution may establish criteria by which applicants are prioritized if appropriated funds are insufficient to offer an exemption to all eligible students for a given term.
(4) A participating institution shall use institutional matching funds to cover at least 10 percent of each recipient's exemption.
(d) Institutional Responsibilities. Institutions participating in the Program shall disburse funds in accordance with §22.2 of this title (relating to Timely Disbursement of Funds), retain records in accordance with §22.4 of this title (relating to Records Retention) and comply with the provisions of §22.9 of this title (relating to Institutional Responsibilities) with respect to the Program.
(e) Eligible Students. To be eligible to receive an exemption under this section, a student must:
(1) Submit a completed application for an exemption to the student's institution;
(2) Be a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);
(3) Have met the definition of Educational Aide established in subsection (b) of this section at some time during the last five years preceding the term or semester for which the student would receive an initial exemption;
(4) Be employed in any capacity by a school district or open-enrollment charter school in Texas during the full term for which the student would receive the exemption;
(5) Show financial need, as defined in §13.460 of this subchapter;
(6) be enrolled at an eligible institution in courses required for teacher certification in one or more subject areas determined by the Commissioner of Education to be experiencing a critical shortage at the public schools of this state;
(7) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions); and
(8) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration).
(f) Notwithstanding subsection (e)(6) of this section, a student who previously received an exemption under this section remain eligible if the student:
(1) is enrolled at an eligible institution in courses required for teacher certification; and
(2) meets the eligibility requirements of subsection (e) of this section other than the requirement in subsection (e)(6).
(g) Exemption Amount. A student receiving an exemption under this section is exempt from the payment of resident tuition and required fees, other than laboratory and class fees, taken during the relevant term.
(h) Allocations. Allocations are to be determined on an annual basis as follows:
(1) All eligible institutions will be invited annually to participate in the program allocation process, as described by subsection (c)(2)(B) of this section.
(2) The annual appropriation will be divided equally between all participating institutions.
(3) Allocation calculations will be shared with all eligible institutions for comment prior to final posting. Institutions will be given 10 business days, beginning the day of the notice's distribution and excluding state holidays, to confirm their interest in participating in the program.
(i) Exemption from Student Teaching. A person who has not previously received a baccalaureate degree and who receives a baccalaureate degree required for a teaching certificate on the basis of coursework completed while receiving an exemption under this section may not be required to participate in any field experience of internship consisting of student teaching to receive a teaching certificate.
§13.477.
(a) Authority. Authority for this section is provided in the Texas Education Code, §51.930.
(b) Eligible Institution. An institution may offer a waiver under this section to an eligible student if the institution is:
(1) a general academic teaching institution, as defined by §13.1 of this chapter (relating to Definitions); and
(2) under contract with the student exchange program administered by the National Student Exchange.
(c) Eligible Students. A student is eligible to receive a wavier under this section if the student:
(1) is not a Resident of Texas, as defined in §13.460 of this subchapter (relating to Definitions);
(2) is enrolled as an undergraduate student at an eligible institution as part of the student exchange program administered by the National Student Exchange; and
(3) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration).
(d) Limitation. A student may only receive a waiver under this section for one year.
(e) A student participating in the program from another state shall be exempt from the provisions of Texas Education Code, chapter 51, subchapter F-1, unless that student becomes a degree-seeking undergraduate student at an institution of higher education.
(f) Tuition Rate. A student receiving a waiver under this section shall pay the resident tuition rate.
§13.478.
(a) Authority. Authority for this section is provided in the Texas Education Code, §54.213.
(b) Eligible Institutions.
(1) Any institution of higher education, as defined in §13.1 of this chapter (relating to Definitions), may offer a waiver under the provisions of this section.
(2) A waiver received by a student under this section applies only to tuition paid to the institution that awarded the enabling scholarship unless the student is simultaneously enrolled in two or more institutions of higher education under a program offered jointly by the institutions under a partnership agreement, in which case the student may also be offered a waiver at the other institution(s).
(3) The total number of persons at an eligible institution receiving a waiver under this section in a given semester shall not exceed 5 percent of the total number of students enrolled at the institution in the same semester of the prior year.
(c) Eligible Students. A student enrolled at an eligible institution may be offered a waiver under this section if the student:
(1) is not a Resident of Texas, as defined by §13.460 of this subchapter (relating to Definitions);
(2) received an eligible competitive scholarship, as described in subsection (d) of this section; and
(3) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration).
(d) Eligible Competitive Scholarship. An otherwise eligible student may be offered a waiver under this section if the student receives a scholarship:
(1) of at least $1,000 for the 12-month academic year, regardless of how the scholarship funds are disbursed;
(2) awarded by a scholarship committee established and authorized by the institution to grant scholarships using institutional funds that permit the waiver authorized in this section;
(3) awarded according to criteria published and available to the public in advance of any application deadline;
(4) available to both resident and nonresident students.
(e) An otherwise eligible student may be offered a waiver under this section for any semester or term in an academic year in which the student receives an eligible competitive scholarship.
(f) Tuition Rate. A student receiving a waiver under this section shall pay the resident tuition rate.
(g) A student whose eligible competitive scholarship is terminated prior to the end of a semester or term for which it was awarded such that the student no longer meets the criteria in subsection (c) of this section shall pay nonresident tuition for any semester following the termination of the scholarship.
§13.479.
(a) Authority. Authority for this section is provided in the Texas Education Code, §54.222.
(b) Eligible Institutions. An institution of higher education, as defined by §13.1 of this chapter (relating to Definitions) shall offer a waiver to eligible students under the provisions of this section.
(c) Eligible Students. A student is eligible for a waiver under this section if the student:
(1) is not a Resident of Texas, as defined by §13.460 of this subchapter (relating to Definitions);
(2) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration);
(3) has relocated to Texas because of the student's or an eligible family member's employment by a business or organization that became established in this state as part of a state economic development and diversification program authorized by law not earlier than five years prior to the student's enrollment date; and
(4) files a letter of intent with the student's institution declaring the student's intention to establish residency in Texas.
(d) Eligible Family Member. A person is an eligible family member for the purposes of subsection (d)(3) of this section if the person:
(1) is 18 years of age or older;
(2) resides in the student's household; and
(3) is either:
(A) the student's parent or legal guardian; or
(B) the student's spouse.
(e) The Coordinating Board shall publish on its website:
(1) A list of qualifying businesses or organizations, by which employment of the student or an eligible family member of the student may qualify the student for a waiver under this section; and
(2) The date associated with each business listed under paragraph (1) of this subsection by which an otherwise eligible student must be enrolled to receive a waiver under this section.
(f) Tuition Rate. A student receiving a waiver under this section shall pay the resident tuition rate.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503862
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
CHAPTER 15. RESEARCH FUNDS
SUBCHAPTER
A.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Title 19, Part 1, Chapter 15, Subchapter A, §15.1 and §15.10, General Provisions, without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4170). The rules will not be republished.
Specifically, this repeal conforms with the repeal of the Texas Research Incentive Program (TRIP) in statute, in accordance with the provisions of Senate Bill (S.B.) 2066, 89th Texas Legislature, Regular Session.
Subchapter A, General Provisions, contains definitions and rules related to TRIP. Rule 15.1, defines the Commissioner and Coordinating Board or Board. Rule 15.10, establishes the purpose and authority of the program; provides definitions of terms; describes the distribution of matching grants, application requirements, returned gifts; and outlines the application review and certification processes. Prior to its repeal, Texas Education Code, §62.124, authorized the Board to adopt rules for the administration of the program.
With the enactment of S.B. 2066, the governing statute related to the TRIP program is repealed; therefore the repeal of TRIP-related rules are repealed.
No comments were received regarding the adoption of the repeal.
The repeal is adopted in accordance with changes made by Senate Bill 2066, 89th Texas Legislature, Regular Session, which repeals the TRIP program.
The adopted repeal affects Texas Education Code, Sections 62.121, 62.122, 62.123, and 62.124.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503863
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6495
CHAPTER 21. STUDENT SERVICES
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 21, Subchapter A, §21.8, General Provisions; Subchapter C, §§21.45 - 21.49, Student Indebtedness; Subchapter I, §§21.213 - 21.219, Exemption Program for Children of Professional Nursing Program Faculty and Staff; Subchapter L, §§21.309 - 21.316, Exemption Program for Clinical Preceptors and Their Children; Subchapter Q, §§21.518 - 21.526, Exemption for Peace Officers Enrolled in Law Enforcement or Criminal Justice Courses; Subchapter U, §§21.634 - 21.642, The Good Neighbor Scholarship Program; Subchapter Z, §§21.786 - 21.792, Exemption for Firefighters Enrolled in Fire Science Courses; Subchapter AA, §§21.901 - 21.910, Reciprocal Educational Exchange Program; Subchapter BB, §§21.931 - 21.938, Programs for Enrolling Students from Mexico; Subchapter EE, §§21.990 - 21.994, Texas National Student Exchange Program; Subchapter II, §§21.1080 - 21.1089, Educational Aide Exemption Program; Subchapter PP, §§21.2220 - 21.2222, Provisions for Uniform Standards for Publication of Cost of Attendance Information; Subchapter SS, §§21.2260 - 21.2263, Waiver Programs for Certain Nonresident Persons; and Subchapter TT, §§21.2270 - 21.2276, Exemption Program for Dependent Children of Persons Who Are Members of Armed Forces Deployed on Combat Duty, without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4170). The rules will not be republished.
Specifically, the repeal allows the relocation of the rules to more appropriate locations in Coordinating Board rules.
The Coordinating Board is authorized by Texas Education Code, §§51.930, 52.335, 54.213, 54.2031, 54.231, 54.331, 54.353, 54.3531, 54.355, 54.356, 54.363, 56.0035, and 61.0777, to adopt rules relating to the provisions of these sections.
Rule 21.8, Definition of Student Financial Need, is repealed. Because rules for any programs that are impacted by student financial need are removed from Chapter 21, and other chapters already include rule definitions for "financial need" that align with the provisions of the section, the rule is not to be relocated.
Chapter 21, Subchapter C, is repealed. The provisions of that subchapter, as revised, are relocated to the newly created Chapter 24, Subchapter C, Annual Student Loan Debt Disclosure.
Chapter 21, Subchapter PP, is repealed. The provisions of that subchapter, as revised, are relocated to the newly created Chapter 4, Subchapter Z, Uniform Standards for Publication of Cost of Attendance Information.
Chapter 21, Subchapters I, L, Q, U, Z, AA, BB, EE, II, SS, and TT are repealed. The provisions of these subchapters, as revised, are relocated to the newly created Chapter 13, Subchapter P, Tuition Exemptions and Waivers.
No comments were received regarding the adoption of the repeal.
SUBCHAPTER
A.
The repeal is adopted under Texas Education Code, Section 56.0035, which provides the Coordinating Board with the authority to adopt rules relating to the provisions of that chapter.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter A, §21.8.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503874
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
C.
The repeal is adopted under Texas Education Code, Section 52.335, which provides the Coordinating Board with the authority to adopt rules relating to the annual student loan debt disclosure.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter C, §§21.45 - 21.49.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503875
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
I.
The repeal is adopted under Texas Education Code, Section 54.355, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter I, §§21.213 - 21.219.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503876
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
L.
The repeal is adopted under Texas Education Code, Section 54.356, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter L, §§21.309 - 21.316.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503877
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
Q.
The repeal is adopted under Texas Education Code, Section 54.3531, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter Q, §§21.518 - 21.526.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503878
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
U.
The repeal is adopted under Texas Education Code, Section 54.331, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter U, §§21.634 - 21.642.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503879
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
Z.
The repeal is adopted under Texas Education Code, Section 54.353, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter Z, §§21.786 - 21.792.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503880
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
AA.
The repeal is adopted under Texas Education Code, Section 54.231, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter AA, §§21.901 - 21.910.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503881
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
BB.
The repeal is adopted under Texas Education Code, Section 54.231, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter BB, §§21.931 - 21.938.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503882
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
EE.
The repeal is adopted under Texas Education Code, Section 51.930, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter EE, §§21.990 - 21.994.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503883
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
II.
The repeal is adopted under Texas Education Code, Section 54.363, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter II, §§21.1080 - 21.1089.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503884
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
PP.
The repeal is adopted under Texas Education Code, Section 61.0777, which provides the Coordinating Board with the authority to adopt rules relating to the publication of cost of attendance information.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter PP, §§21.2220 - 21.2222.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503885
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
SS.
The repeal is adopted under Texas Education Code, Section 54.213, which provides the Coordinating Board with the authority to adopt rules relating to the competitive scholarship waiver.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter SS, §§21.2260 - 21.2263.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503886
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
TT.
The repeal is adopted under Texas Education Code, Section 54.2031, which provides the Coordinating Board with the authority to adopt rules as necessary relating to the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter TT, §§21.2270- 21.2276.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503887
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6365
CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 22, Subchapter C, §§22.42 and 22.44 - 22.55, Hinson-Hazlewood College Student Loan Program; Subchapter E, §§22.84, 22.85, 22.92, 22.93, 22.95, and 22.96, Hinson-Hazlewood College Student Loan Program: All Loans Made Before Fall Semester, 1971, Not Subject to the Federally Insured Student Loan Program; Subchapter I, §§22.171 - 22.174, Texas Armed Services Scholarship Program; Subchapter J, §§22.175 - 22.189, Future Occupations & Reskilling Workforce Advancement to Reach Demand (FORWARD) Loan Program; Subchapter Q, §§22.329, 22.330, and 22.337 - 22.342, Texas B-On-Time Loan Program; Subchapter X, §§22.625, 22.626, 22.631, and 22.633 - 22.641, Teach for Texas Conditional Grant Program; and Subchapter Y, §§22.663, 22.664, 22.668, and 22.670 - 22.677, Teach for Texas Alternative Certification Conditional Grant Program, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5535). The rules will not be republished.
Specifically, the repeal allows the relocation of the rules relating to the Coordinating Board's student loan programs to the newly created Chapter 24, Student Loan Programs.
The Coordinating Board is generally authorized by Texas Education Code, Chapter 52, Subchapter C (Student Loans), and specifically §§56.0092 (B-On-Time), 56.3575 (Teach for Texas), and 61.9774 (Armed Services Scholarship), to adopt rules relating to the provisions of these sections.
No comments were received regarding the adoption of the repeal.
SUBCHAPTER
C.
The repeal is adopted under Texas Education Code, Chapter 52, Subchapter C, which provides the Coordinating Board with the authority to adopt rules relating to student loan programs.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter C, §§22.42 and 22.44 - 22.55.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503888
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
E.
The repeal is adopted under Texas Education Code, Chapter 52, Subchapter C, which provides the Coordinating Board with the authority to adopt rules relating to student loan programs.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter E, §§22.84, 22.85, 22.92, 22.93, 22.95, and 22.96.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503889
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
I.
The repeal is adopted under Texas Education Code, Section 61.9774, which provides the Coordinating Board with the authority to adopt rules to administer the Texas Armed Services Scholarship Program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter I, §§22.171 - 22.174.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503890
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
J.
The repeal is adopted under Texas Education Code, Chapter 52, Subchapter C, which provides the Coordinating Board with the authority to adopt rules relating to student loan programs.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter J, §§22.175 - 22.189.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503891
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
Q.
The repeal is adopted under Texas Education Code, Section 56.0092, which provides the Coordinating Board with the authority to adopt rules relating to the Texas B-On-Time Loan Program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter Q, §§22.329, 22.330, and 22.337 - 22.342.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503892
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
X.
The repeal is adopted under Texas Education Code, Section 56.3575, which provides the Coordinating Board with the authority to adopt rules relating to the Teach for Texas program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter X, §§22.625, 22.626, 22.631, and 22.633 - 22.641.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503893
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
Y.
The repeal is adopted under Texas Education Code, Section 56.3575, which provides the Coordinating Board with the authority to adopt rules relating to the Teach for Texas program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter Y, §§22.663, 22.664, 22.668, and 22.670 - 22.677.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503894
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
I.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 22, Subchapter I, §§22.165, 22.168, and 22.170, Texas Armed Services Scholarship Program, with changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5537). The rules will be republished. Sections 22.163, 22.166, 22.167, and 22.169 are adopted without changes and will not be republished.
This amendment reflects and implements changes to scholarship amounts, appointments, program eligibility, and Program administration made by House Bill (H.B.) 300, 89th Texas Legislature, Regular Session, which became effective June 20, 2025.
The Coordinating Board is authorized by Texas Education Code (TEC), §61.9774, to adopt rules as necessary to administer the Program.
Rule 22.163, Authority and Purpose, is amended to remove the phrase "complete a baccalaureate degree" from the Program's purpose statement. The provisions of H.B. 300 amending TEC, §§61.9772(a) and 61.9773(a), now allow graduate students to qualify to receive a scholarship, thus expanding the Program's purpose beyond baccalaureate students.
Rule 22.165, Scholarship Amount, is amended to reflect updated annual scholarship amounts. Each year, the Coordinating Board will calculate the average cost of attendance at public institutions of higher education at which one or more scholarship recipients were enrolled in the prior year, and the maximum scholarship will be the greater of that figure or $30,000. Current subsection (b) is eliminated to align with statutory changes to TEC, §61.9771(b), and is replaced by a clarification that a student's scholarship may not exceed the student's cost of attendance. Subsection (c) is added to effectuate Texas Education Code, §61.9771(a)(2).
Rule 22.166, Appointment by Elected Officials, is amended to reflect the revised process for appointment included in H.B. 300's amendment of TEC, §61.9772. The amended rule implements the September 30 appointment deadline by all elected officials authorized to appoint students for the scholarship, with any remaining vacancies to be filled by the Lieutenant Governor (for senators) or the Speaker of the House (for representatives) or their designee(s). Current subsection (c) is relocated to §22.167, reflecting that the student's institution is better equipped to verify the student's academic qualifications for the scholarship than elected officials.
Rule 22.167, Eligible Students, is amended to implement the newly expanded eligibility for graduate students and additional pathways to establish eligibility and to allow for verification by the student's institution that an appointed student is academically qualified to receive a scholarship. Subsection (a)(2) provides for three pathways to eligibility: current enrollment in Reserve Officers' Training Corps (ROTC) or similar undergraduate officer commissioning program, prior completion of ROTC or similar as an undergraduate (for graduate students), and acceptance into the Texas State Guard officer commissioning program (added by H.B. 300, see amended TEC, §61.9772(a)(1)(C)). Subsection (b) is added to reflect updating academic criteria for an appointed student to receive an initial scholarship: for first-year undergraduates, a 3.0 or higher high school GPA or meeting the college readiness standard established in Coordinating Board rules; for undergraduates in their second or later years, a 3.0 or higher GPA in either high school or their postsecondary coursework or meeting the college readiness standard established in Coordinating Board rules; and for graduate students, an undergraduate GPA of 3.0 or higher.
Rule 22.168, Promissory Note, is amended to make corresponding changes to the promissory note for completion of the various eligibility pathways established in §22.167(a).
Rule 22.169, Discontinuation of Eligibility, is amended to reflect the simplified eligibility limitations established by H.B. 300: a student may receive a scholarship under the programs for no more than four years, regardless of degree program or credit hours completed. See TEC, §61.9775.
Rule 22.170, Conversion of the Scholarship to a Loan, is amended to align the monitoring period for scholarship recipients who enter the armed forces and those who enter one of the state guards. Subsection (a)(3)(A) is amended to allow for honorable discharge prior to completion of a four-year commitment as a means of fulfilling the recipient's contract with the Coordinating Board, and subsection (b) is added to reflect that a recipient who becomes a commissioned officer in the armed services is considered to have fulfilled a contract to serve, for the purposes of the program, after four years of service or honorable discharge. This change aligns the service monitoring for all recipients and precludes situations in which some recipients enter contracts to serve of indeterminate length and cannot be considered to have fulfilled their contracts for an extended period. Current subsection (b) is amended to substitute a reference to baccalaureate degree to the student's intended degree to conform with expanded eligibility for the program.
Subsection (g) is added to provide for circumstances, such as physical inability or other extraordinary circumstances, in which a student's scholarship would not convert to a loan. The extraordinary circumstances provision reflects statutory changes from H.B. 300, amending Education Code, §61.9773(b), and this language mirrors a similar provision in the new Chapter 24, Subchapter F, which provides for the cancellation of already-converted loans for similar reasons. Subchapter (h) is added to effectuate Texas Education Code, §61.9773(c). Subsection (i) is added to note that scholarships converted to loans are subject to the applicable requirements in the newly created Chapter 24, relating to Student Loan Programs.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.
Section 22.165(a) is amended to specify that the Coordinating Board shall determine and announce the scholarship amount each year before the last day of January.
Section 22.165(a)(2) is amended to add greater specificity in describing the method by which the Coordinating Board will calculate the maximum scholarship amount. The amount will equal the average undergraduate cost of attendance at public institutions of higher education at which one or more scholarship recipients were enrolled in the prior year. This change will narrow the scope of the calculation to institutions that actually enroll students in the program and more closely align with the legislative intent for this provision, which was to allow the annual scholarship maximum to adjust over time in relation to cost of attendance at public universities.
Section 22.165(b) is amended to clarify that a student's scholarship should not exceed the student's cost of attendance, rather than the institution's cost of attendance. This change acknowledges that scholarship recipients may encounter costs (e.g. uniform maintenance for ROTC students) that generally are not reflected in the institutional average cost of attendance yet are relevant to the student's success in the program.
Section 22.165(c) is added to describe the means by which the Coordinating Board would effectuate Texas Education Code, §61.9771(b)(2) in the event that appropriations for the program are insufficient to provide maximum scholarships to all eligible students.
Section 22.168(b)(1) is amended to specify that the student must submit required documentation relating to the student's participation or completion of ROTC activities or acceptance into the Texas State Guard officer commissioning program to the student's institution to satisfy the requirements of Texas Education Code, §61.9773(a)(1).
Section 22.170(a)(2) is amended to correct an erroneous omission from the posted rule. Withdrawal or removal from the officer commissioning program of the Texas State Guard is added as subsection (a)(2)(B) as a means by which a recipient's scholarship may convert to a loan.
Section 22.170(g) is amended to clarify that the determination of whether an exceptional circumstance beyond the recipient's control exists will be made by the Coordinating Board.
Section 22.170(h) is added to correct an erroneous omission. The subsection effectuates the provisions of Texas Education Code, §61.9773(c).
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, §61.9774, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Texas Armed Services Scholarship Program.
The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22.
§22.165.
(a) The Coordinating Board shall determine and announce the amount of a scholarship not later than the final day of January prior to the start of each fiscal year. The amount shall not exceed the greater of:
(1) $30,000; or
(2) an amount equal to the average undergraduate cost of attendance at public institutions of higher education in this state at which one or more scholarship recipients were enrolled in the prior year.
(b) Notwithstanding subsection (a) of this section, a student may not receive a scholarship under this subchapter in an amount that exceeds the student's cost of attendance.
(c) Notwithstanding subsection (a) of this section, if the Coordinating Board determines that insufficient appropriations are available to offer scholarships to all eligible students at the amount described by subsection (a) of this section in a given fiscal year, then the Coordinating Board may instead calculate and publish a maximum scholarship amount that ensures all eligible students receive an equitable portion of available funds.
§22.168.
(a) The Coordinating Board shall require a recipient to sign a promissory note acknowledging the conditional nature of the scholarship and promising to repay the amount of the scholarship plus applicable interest, late charges, and any collection costs, including attorneys' fees, if the recipient fails to meet certain conditions of the scholarship, set forth in §22.170 of this subchapter (Conversion of the Scholarship to a Loan).
(b) Recipients agree to:
(1) Complete, or submit documentation to the student's institution demonstrating prior completion of:
(A) one year of ROTC training for each year that the student receives a scholarship, or the equivalent of one year of ROTC training if the institution of higher education awards ROTC credit for prior service in any branch of the U.S. Armed Services or the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine;
(B) Complete, or submit documentation to the student's institution demonstrating prior completion of, another undergraduate officer commissioning program; or
(C) Submit documentation to the student's institution that the student has been accepted into the officer commissioning program for the Texas State Guard, as defined by Texas Government Code, §437.001.
(2) Graduate no later than six years after the date the student first enrolls in an institution of higher education after having received a high school diploma or a General Educational Diploma or its equivalent;
(3) After graduation, enter into and provide the Coordinating Board with verification of:
(A) A four-year commitment to be a member of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine; or
(B) A contract to serve as a commissioned officer in any branch of the armed services of the United States;
(4) Meet the physical examination requirements and all other prescreening requirements of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine, or the branch of the armed services with which the student enters into a contract.
§22.170.
(a) A scholarship will become a loan if the recipient:
(1) Fails to maintain satisfactory academic progress as described in §22.167 of this subchapter (relating to Eligible Students);
(2) Withdraws from the scholarship program, as indicated through:
(A) withdrawal or removal from the institution of higher education or private or independent institution of higher education or that institution's ROTC program or other undergraduate officer commissioning program, without subsequent enrollment in another institution of higher education or private or independent institution of higher education and that subsequent institution's ROTC program or other undergraduate officer commissioning program; or
(B) withdrawal or removal from the officer commissioning program of the Texas State Guard; or
(3) Fails to fulfill one of the following:
(A) a four-year commitment or honorable discharge as a member of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine; or
(B) a contract to serve as a commissioned officer in any branch of the armed services of the United States.
(b) For the purposes of subsection (a)(3)(B) of this section, a recipient is considered to have fulfilled a contract to serve after four years of service or upon honorable discharge.
(c) A scholarship converts to a loan if documentation of the contract or commitment outlined in subsection (a)(3) of this section is not submitted to the Coordinating Board within twelve months of graduation with the student's intended degree while receiving a scholarship under this subchapter. Subsequent filing of this documentation will revert the loan back to a scholarship.
(d) If a recipient's scholarship converts to a loan, the recipient cannot regain eligibility for the Scholarship in any subsequent academic year.
(e) If a recipient requires a temporary leave of absence from the institution of higher education, private or independent institution of higher education, and/or the ROTC program or another undergraduate officer commissioning program for personal reasons or to provide service for the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine for fewer than twelve months, the Coordinating Board may agree to not convert the scholarship to a loan during that time.
(f) If a recipient is required to provide more than twelve months of service in the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine as a result of a national emergency, the Coordinating Board shall grant that recipient additional time to meet the graduation and service requirements specified in the scholarship agreement.
(g) Notwithstanding subsection (a) of this section, a scholarship does not convert to a loan if the recipient is unable to meet the obligations of the agreement solely as a result of:
(1) a physical inability, subject to appropriate verification to the satisfaction of the Coordinating Board; or
(2) an exceptional circumstance beyond the recipient's control, as determined by the Coordinating Board.
(h) If the Coordinating Board determines that a student who entered into an agreement with the Board under this subchapter was erroneously removed from the scholarship program established under this subchapter, the Coordinating Board shall reinstate the student's scholarship if the student is currently enrolled in a public or private institution of higher education in this state.
(i) Scholarships that convert to loans under this section are subject to the applicable requirements of chapter 24 of this title (relating to Student Loan Servicing).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503864
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
CHAPTER 23. EDUCATION LOAN REPAYMENT PROGRAMS
SUBCHAPTER
D.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 23, Subchapter D, §§23.94, 23.96, 23.97, and 23.100 - 23.102, and new §23.103, Mental Health Professionals Loan Repayment Assistance Program, with changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5540). The rules will be republished.
The amendments and new section amend definitions, eligibility criteria, and program limitations to align with statutory changes made by Senate Bill (SB) 646, 89th Texas Legislature, Regular Session. The Coordinating Board is authorized by Texas Education Code (TEC), §61.608, to adopt rules as necessary to administer the program.
Rule 23.94, Definitions, is amended by adding a new definition for "public school," which includes open-enrollment charter schools and aligns with definitions of that term in other loan repayment assistance programs. The definition of "service period" is amended to eliminate a specific reference to school psychologists, conforming to a legislative change that also made public schools a qualifying practice venue for any eligible profession. Both changes are necessitated by SB 646.
Rule 23.96, Applicant Eligibility, is amended to add four new eligible professions, as included in SB 646, in subsection (a)(3). Public schools are added as a qualifying practice venue in subsection (a)(4)(D), and current subsection (b) is eliminated as unnecessary after the change. A new subsection (b) is added to provide for limited additional eligibility for a fourth and fifth service period, as allowed in TEC, §61.607(b-1)(3), as added by SB 646. The subsection further clarifies that these providers are not considered renewal applicants for the purposes of prioritization in the following section.
Rule 23.97, Applicant Ranking Priorities, is amended to eliminate the de-prioritization of family and marriage therapists, conforming to the repeal of its corresponding statutory provision. Applications from providers practicing in public schools are added as subsection (b)(5), and applications from providers using the new, extended eligibility for a fourth and fifth service period are added as subsection (b)(7). These revisions are necessitated by the repeal of TEC, §61.604(e), in Section 6 of SB 646. In response to a comment received, a new subsection (b)(5) is added to the priority ranking to acknowledge applications received from providers providing service through a local mental health authority. Remaining subsections have been renumbered accordingly.
Rule 23.100, Amount of Repayment Assistance, is amended by adding two one-time bonus payments, both created by SB 646 in TEC, §61.607(b-1). Subsection (d) allows for a one-time increase, subject to other limitations, of $5,000 to an award for providers whose employers certify their fluency is a language of need for their profession, as published by the Coordinating Board. Subsection (e) allows for a one-time, $10,000 increase for providers practicing in counties with populations of fewer than 150,000 persons. Subsection (f) provides that the persons qualifying for extended eligibility into the fourth and fifth service periods are eligible for up to $15,000 per service period, subject to other limitations.
Rule 23.101, Limitations, is amended to update maximum total assistance amounts for various professions, conforming with changes made by SB 646. Paragraph (4) is updated to align with TEC, §61.607(b-2), added by SB 646, which clarifies that a provider's total amount of assistance under the program (including one-time bonus payments and the extended eligibility provisions) cannot exceed the applicable maximum total assistance amount for the provider's profession, plus 10 percent.
Rule 23.102, Provisions Specific to Mental Health Professionals Who Established Eligibility for the Program Before September 1, 2023, is amended to update a citation in subsection (c) to conform with other rule amendments.
Rule 23.103, Provisions Specific to Mental Health Professionals Who Established Eligibility for the Program On or After September 1, 2023 and Before September 1, 2025, is created to provide for the implementation of SB 646. Many of the changes made in that legislation- notably, to eligibility and maximum total assistance amounts - apply to persons who establish eligibility after September 1, 2025, necessitating the preservation of applicable rule provisions as they existed for persons who established eligibility for the program before that date until they have exhausted their eligibility.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.
Section 23.94(7) is revised, in response to a comment received, to amend the definition of psychiatrist to allow for post-graduate training through both residencies and fellowships and to indicate appropriate accreditation expectations for the post-graduate medical training in psychiatry.
Section 23.96(a)(2) is revised to disaggregate two unrelated concepts that staff identified as being included in the same subsection. Licensing requirements have been removed from subsection (a)(2) and added in a new subsection (a)(3). Remaining subsections have been renumbered accordingly.
Section 23.96(a)(5)(D) is revised to correct a drafting error affecting the readability of the rule.
Section 23.97(b)(5) has been added to the priority ranking to acknowledge applications received from providers providing service through a local mental health authority. Remaining subsections have been renumbered accordingly.
Section 23.100(f) is revised to correct an errant rule reference discovered by staff.
Section 23.101(3)(F) is revised to correct an errant rule reference discovered by staff. Remaining subsections have been renumbered accordingly.
Section 23.102(a)(2) is revised to disaggregate two unrelated concepts that staff identified as being included in the same subsection. Remaining subsections have been renumbered accordingly.
Section 23.103(a)(2) is revised to disaggregate two unrelated concepts that staff identified as being included in the same subsection. Remaining subsections have been renumbered accordingly.
The following comments were received regarding the adoption of the amendment.
Comment: The Texas Medical Association commented that the definition of psychiatrist in §23.94(7) may unintentionally exclude psychiatrists whose post-graduate medical training was obtained through a fellowship, rather than a residency. The Texas Medical Association also commented that the definition should include appropriate expectations for accreditation of post-graduate medical training in psychiatry.
Response: The Coordinating Board appreciates and agrees with the comments received and has revised the definition in §23.94(7) to capture these concepts.
Comment: The Texas Medical Association commented that the applicant ranking priorities in §23.97 do not mention applicants providing mental health services to individuals receiving community-based mental health services from a local mental health authority.
Response: The Coordinating Board appreciates the comment and acknowledges the omission. §23.97 has been revised to include this population in the priority rankings.
The amendments and new section are adopted under Texas Education Code, Section 61.608, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the program.
The adopted amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 23.
§23.94.
In addition to the words and terms defined in §23.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) CHIP--The Children's Health Insurance Program, authorized by the Texas Health and Safety Code, Chapter 62.
(2) Community-Based Mental Health Services--The services found under the Texas Health and Safety Code, Chapter 534, Subchapter B.
(3) Full-time Service--Employed or contracted full-time (at least 32 hours per week for providers participating only in the state-funded program, or at least 40 hours per week for providers participating in both the state funded program and the SLRP) by an agency or facility for the primary purpose of providing direct mental health services.
(4) Medicaid--The medical assistance program authorized by the Texas Human Resources Code, Chapter 32.
(5) MHPSAs--Mental Health Professional Shortage Areas (MHPSAs) are designated by the U.S. Department of Health and Human Services (HHS) as having shortages of mental health providers and may be geographic (a county or service area), demographic (low income population), or institutional (comprehensive health center, federally qualified health center, or other public facility). Designations meet the requirements of Sec. 332 of the Public Health Service Act, 90 Stat. 2270-2272 (42 U.S.C. 254e).
(6) Program--Mental Health Professionals Loan Repayment Assistance Program.
(7) Psychiatrist--A licensed physician who is a graduate of a residency training program or fellowship program in psychiatry accredited by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA).
(8) Public school--A school in a Texas school district or a public charter school authorized to operate under Texas Education Code, chapter 12.
(9) Service Period--A period of:
(A) twelve (12) consecutive months qualifying a mental health professional for loan repayment assistance; or
(B) for a mental health professional employed by a public school, at least nine (9) months of a 12-month academic year qualifying the professional for loan repayment assistance.
(10) SLRP--A grant provided by the Health Resources and Services Administration to assist states in operating their own State Loan Repayment Program (SLRP) for primary care providers working in Health Professional Shortage Areas (HPSA).
(11) State Hospital--Facilities found under the Texas Health and Safety Code, §552.0011.
§23.96.
(a) To be eligible to receive loan repayment assistance, an applicant must:
(1) submit a completed application to the Coordinating Board by the established deadline, which will be posted on the program web page;
(2) be a U.S. citizen or a Legal Permanent Resident;
(3) at the time of application, hold a full license with no restrictions from the state of Texas for the applicant's practice specialty;
(4) currently be employed as one of the following eligible practice specialties:
(A) a psychiatrist;
(B) a psychologist, as defined by §501.002, Texas Occupations Code;
(C) a licensed professional counselor, as defined by §503.002, Texas Occupations Code;
(D) an advanced practice registered nurse, as defined by §301.152, Texas Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing;
(E) a licensed clinical social worker, as defined by §505.002, Texas Occupations Code;
(F) a licensed specialist in school psychology, as defined by §501.002, Texas Occupations Code;
(G) a licensed chemical dependency counselor, as defined by §504.001, Texas Occupations Code;
(H) a licensed marriage and family therapist, as defined by §502.002, Texas Occupations Code;
(I) a licensed master social worker, as defined by §505.002, Texas Occupations Code;
(J) a licensed professional counselor associate, as indicated by holding a licensed professional counselor associate license issued by the Texas State Board of Examiners of Professional Counselors;
(K) a licensed marriage and family therapist associate, as defined by §502.002, Texas Occupations Code; or
(L) a school counselor certified under Texas Education Code, chapter 21, subchapter B, who has earned at least a master's degree relating to counseling from any public or accredited private institution of higher education; and
(5) have completed one, two, or three consecutive service periods:
(A) in an MHPSA, providing direct patient care to:
(i) Medicaid enrollees;
(ii) CHIP enrollees, if the practice serves children;
(iii) persons in a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor; or
(iv) persons in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;
(B) in a state hospital, providing mental health services to patients;
(C) providing mental health services to individuals receiving community-based mental health services from a local mental health authority, as defined in Texas Health and Safety Code, §531.002; or
(D) providing mental health services to students enrolled in a public school.
(b) Notwithstanding the number of consecutive service periods that qualify an applicant for eligibility described in subsection (a)(4) of this section, an otherwise eligible applicant who receives repayment assistance under this subchapter for three consecutive service periods is eligible to receive repayment assistance for a fourth and fifth consecutive service period in an amount described by §23.100(f) of this subchapter (relating to Amount of Repayment Assistance) and subject to the limitations established in §23.101 of this subchapter (relating to Limitations). An applicant who establishes eligibility under this subsection is not considered a renewal applicant for the purposes of §23.97 of this subchapter (relating to Applicant Ranking Priorities).
§23.97.
(a) Each fiscal year an application deadline will be posted on the program web page.
(b) If there are not sufficient funds to offer loan repayment assistance for all eligible providers, then applications shall be ranked using priority determinations in the following order:
(1) renewal applications;
(2) applications from providers who sign SLRP contracts;
(3) applications from providers whose employers are located in an MPHSA, prioritizing higher MHPSA scores. If a provider works for an agency located in an MHPSA that has satellite clinics and the provider works in more than one of the clinics, the highest MHPSA score where the provider works shall apply. If a provider travels to make home visits, the provider's agency base location and its MHPSA score shall apply. If a provider works for different employers in multiple MHPSAs having different degrees of shortage, the location having the highest MHPSA score shall apply;
(4) applications from providers in state hospitals;
(5) applications from providers in a local mental health authority;
(6) applications from providers in public schools;
(7) applications from providers whose employers are located in counties with a population of less than 50,000 persons. In the case of providers serving at multiple sites, at least 75 percent of their work hours are spent serving in counties with a population of less than 50,000 persons;
(8) applications from providers described by §23.96(b) of this subchapter (relating to Applicant Eligibility); and
(9) applications received on the earliest dates.
(c) If state funds are not sufficient to allow for maximum loan repayment assistance amounts stated in §23.100 of this subchapter (relating to Amount of Repayment Assistance) for all eligible applicants described by subsection (b)(1) of this section, the Coordinating Board shall adjust in an equitable manner the state-funded distribution amounts for a fiscal year, in accordance with Texas Education Code, §61.607(d).
§23.100.
(a) Repayment assistance for each service period will be determined by applying the following applicable percentage to the lesser of the maximum total amount of assistance allowed for the provider's practice specialty, as established by §23.101 of this subchapter (relating to Limitations), or the total student loan debt owed at the time the provider established eligibility for the program:
(1) for the first service period, 33.33 percent;
(2) for the second service period, 33.33 percent; and
(3) for the third service period, 33.34 percent.
(b) An eligible provider may receive prorated loan repayment assistance based on the percentage of full-time service provided for each service period, for a minimum of twenty (20) hours per week.
(c) Failure to meet the program requirements will result in non-payment for the applicable service period(s) and, except under circumstances determined by the Coordinating Board to constitute good cause, removal from the program.
(d) One-Time Increase for Fluency in Language of Need.
(1) Each biennium, the Coordinating Board shall publish for each profession described by §23.96(a)(3) of this subchapter (relating to Applicant Eligibility) a list of languages other than English for which there is a critical need for fluent providers in Texas.
(2) Subject to the limitations established in §23.101 of this subchapter, a provider whose employer certifies that the provider is fluent in a language listed by the Coordinating Board under paragraph (1) of this subsection shall receive an increase of $5,000 to the amount of repayment assistance described by subsection (a) of this section.
(3) A provider may receive an increased amount of repayment assistance under this subsection only once. The increase will be applied to assistance received for the first service period during which the provider meets the criteria described in paragraph (2) of this subsection.
(4) This subsection applies only to providers who first establish eligibility for the program on or after September 1, 2025.
(e) One-Time Increase for Service in Less Populous Counties.
(1) Subject to the limitations established in §23.101 of this subchapter, a provider who practices in a county with a population of 150,000 or fewer persons shall receive an increase of $10,000 to the amount of repayment assistance described by subsection (a) of this section.
(2) A provider may receive an increased amount of repayment assistance under this subsection only once. The increase will be applied to assistance received for the first service period during which the provider meets the criteria described in paragraph (1) of this subsection.
(3) This subsection applies only to providers who first establish eligibility for the program on or after September 1, 2025.
(f) Subject to the limitations established in §23.101 of this subchapter, a provider who first established eligibility for the program on or after September 1, 2025, and who establishes eligibility under §23.96(b) of this subchapter (relating to Applicant Eligibility) may receive up to $15,000 per service period for a maximum of two consecutive service periods.
§23.101.
In addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to the Mental Health Professionals Loan Repayment Assistance Program.
(1) Not more than 10 percent of the number of loan repayment assistance grants paid under this subchapter each year may be offered to providers providing mental health services to persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice. Applications from these providers will be selected in the order they were submitted.
(2) Not more than 30 percent of the number of loan repayment assistance grants paid under this subchapter each fiscal year may be offered to providers in any one of the eligible practice specialties, unless excess funds remain available after the 30 percent maximum has been met.
(3) Except as provided by paragraph (4) of this section, the total amount of state appropriated repayment assistance received by a provider under this subchapter may not exceed:
(A) $180,000, for a psychiatrist;
(B) $100,000, for:
(i) a psychologist;
(ii) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work;
(iii) a licensed professional counselor, if the counselor has received a doctoral degree related to counseling; or
(iv) a licensed marriage and family therapist, if the marriage and family therapist had received a doctoral degree related to marriage and family therapy;
(C) $80,000, for an advanced practice registered nurse;
(D) $60,000, for:
(i) a licensed specialist in school psychology;
(ii) a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional counselor who has not received a doctoral degree related to social work or counseling;
(iii) a licensed master social worker;
(iv) a licensed professional counselor associate;
(v) a licensed marriage and family therapist associate; or
(vi) a certified school counselor described by §23.96(a)(3)(L) of this subchapter (relating to Applicant Eligibility); and
(E) $50,000, for a licensed chemical dependency counselor who became licensed within the same 12-month period as receiving the counselor's most recent degree applicable to the profession's licensing requirements; and
(F) $15,000, for assistance received by a licensed chemical dependency counselor, if the chemical dependency counselor has received at least an associate degree related to chemical dependency counseling or behavioral science and is not described by paragraph (3)(E) of this section.
(4) A provider's loan repayment assistance amount, including any increases or additional payments as described by §23.100(d), (e), or (f) of this subchapter (relating to Amount of Repayment Assistance) may not exceed the lesser of:
(A) the provider's unpaid principal and interest owed on one or more eligible education loans, as described in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan); or
(B) the applicable maximum amount for the provider listed in paragraph (3) of this section, plus 10 percent.
§23.102.
(a) Applicant Eligibility. Notwithstanding §23.96(a) of this subchapter (relating to Applicant Eligibility), to be eligible to receive loan repayment assistance, a provider who first established eligibility for the program before September 1, 2023, must:
(1) submit a completed application to the Coordinating Board by the established deadline, which will be posted on the program web page;
(2) be a U.S. citizen or a Legal Permanent Resident;
(3) at the time of application, hold a full license with no restrictions from the state of Texas for the applicant's practice specialty;
(4) currently be employed as one of the eligible practice specialties listed in §23.96(a)(3)(A) - (H); and
(5) have completed one, two, three, four, or five consecutive service periods practicing in an MHPSA providing direct patient care to Medicaid enrollees and/or CHIP enrollees, if the practice serves children, or to persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor.
(b) Notwithstanding subsection (a)(4) of this section, a psychiatrist who first established eligibility for the program before September 1, 2023, must have earned certification from the American Board of Psychiatry and Neurology or the American Osteopathic Board of Psychiatry and Neurology to qualify for loan repayment assistance for a fourth or fifth consecutive service period.
(c) Amount of Repayment Assistance. Notwithstanding §23.100(a) of this subchapter (relating to Amount of Repayment Assistance), for providers who first established eligibility for the program before September 1, 2023, repayment assistance for each service period will be determined by applying the following applicable percentage to the lesser of the maximum total amount of assistance allowed for the provider's practice specialty, as established by §23.103 of this subchapter (relating to Provisions Specific to Mental Health Professionals Who Initially Established Eligibility for the Program On or After September 1, 2023 and Before September 1, 2025), or the total student loan debt owed at the time the provider established eligibility for the program:
(1) for the first service period, 10 percent;
(2) for the second service period, 15 percent;
(3) for the third service period, 20 percent;
(4) for the fourth service period, 25 percent; and
(5) for the fifth service period, 30 percent.
§23.103.
(a) Notwithstanding §23.97 of this subchapter (relating to Applicant Eligibility), to be eligible to receive loan repayment assistance, an applicant who first established eligibility for the program on or after September 1, 2023, but before September 1, 2025, must:
(1) submit a completed application to the Coordinating Board by the established deadline, which will be posted on the program web page;
(2) be a U.S. citizen or a Legal Permanent Resident;
(3) at the time of application, hold a full license with no restrictions from the state of Texas for the applicant's practice specialty;
(4) currently be employed as one of the following eligible practice specialties:
(A) a psychiatrist;
(B) a psychologist, as defined by §501.002, Texas Occupations Code;
(C) a licensed professional counselor, as defined by §503.002, Texas Occupations Code;
(D) an advanced practice registered nurse, as defined by §301.152, Texas Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing;
(E) a licensed clinical social worker, as defined by §505.002, Texas Occupations Code;
(F) a licensed specialist in school psychology, as defined by §501.002, Texas Occupations Code;
(G) a licensed chemical dependency counselor, as defined by §504.001, Texas Occupations Code; or
(H) a licensed marriage and family therapist, as defined by §502.002, Texas Occupations Code; and
(5) have completed one, two, or three consecutive service periods:
(A) in an MHPSA, providing direct patient care to:
(i) Medicaid enrollees;
(ii) CHIP enrollees, if the practice serves children;
(iii) persons in a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor; or
(iv) persons in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;
(B) in a state hospital, providing mental health services to patients; or
(C) providing mental health services to individuals receiving community-based mental health services from a local mental health authority, as defined in Texas Health and Safety Code, §531.002.
(b) Notwithstanding §23.97 of this subchapter or subsection (a)(4) of this section, to be eligible to receive loan repayment assistance as a specialist in school psychology as outlined under subsection (a)(4)(F) of this section, an applicant who first established eligibility for the program on or after September 1, 2023, but before September 1, 2025, must:
(1) have completed one, two, or three consecutive service periods of employment in:
(A) a school district which is located partially or completely in a MHPSA;
(B) an open-enrollment charter school located in a MHPSA; or
(C) a Texas public school that receives federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. §6301 et seq.); and
(2) have provided mental health services to students enrolled in that district or school during that time of employment.
(c) Limitations. Notwithstanding §23.101(3) and (4) of this subchapter (relating to Limitations), and in addition to the limitations associated with eligible education loans established in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan), the following limitations apply to providers who first established eligibility for the program on or after September 1, 2023, but before September 1, 2025.
(1) The total amount of state appropriated repayment assistance received by a provider under this subchapter may not exceed:
(A) $160,000, for a psychiatrist;
(B) $80,000, for:
(i) a psychologist;
(ii) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work;
(iii) a licensed professional counselor, if the counselor has received a doctoral degree related to counseling; or
(iv) a licensed marriage and family therapist, if the marriage and family therapist had received a doctoral degree related to marriage and family therapy;
(C) $60,000, for an advanced practice registered nurse;
(D) $40,000, for a licensed specialist in school psychology, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional counselor who has not received a doctoral degree related to social work or counseling; and
(E) $10,000, for assistance received by a licensed chemical dependency counselor, if the chemical dependency counselor has received an associate degree related to chemical dependency counseling or behavioral science.
(2) A provider's loan repayment assistance amount may not exceed the unpaid principal and interest owed on one or more eligible education loans, as described in §23.2 of this chapter (relating to Eligible Lender and Eligible Education Loan).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503865
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
CHAPTER 24. STUDENT LOAN PROGRAMS
SUBCHAPTER
A.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 24, Subchapter A, §§24.1 - 24.4, General Provisions, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5545). The rules will not be republished.
This new section establishes definitions, delegation of authority, and disbursement provisions for the Coordinating Board's student loan programs, as well as provisions relating to the appropriation of funds from the former B-On-Time Student Loan Account. The Coordinating Board is authorized by Texas Education Code, Chapter 52, Subchapter C, to adopt rules relating to its student loan programs, and by Texas Education Code, §56.0092 to adopt rules relating to the former B-On-Time Student Loan Account. The overwhelming majority of the substantive provisions of the proposed rules consist of mirroring or reconstituted rules from other existing chapters. A small number of provisions are newly proposed for rulemaking, where appropriate to codify existing procedures and provide additional transparency to stakeholders.
Rule 24.1, Definitions, provides definitions for common terms and phrases used throughout Chapter 24. Most definitions mirror those in §22.1, in the General Provisions currently applicable to all student financial aid programs, or have simply been centralized from the programs' subchapters. Added to these are new definitions for "favorable credit report evaluation," "insufficient resources to finance education" (a statutory term of art in Texas Education Code, §52.32), "manageable debt," and "repayment period," which codify various aspects of the Coordinating Board's current practice. The creation of these definitions does not represent a change in the administration of the Coordinating Board's student loan programs.
Rule 24.2, Delegation of Powers and Duties, codifies the governing board of the agency's delegation to the Commissioner of Higher Education the powers, duties, and functions authorized by Texas Education Code, Chapter 52, Subchapter C, except those relating to the sale of bonds and the letting of contracts for insurance. It is comprised of reconstituted §22.85 and §22.189 and does not represent a change in the administration of the Coordinating Board's student loan programs.
Rule 24.3, Loan Disbursement to Students, establishes the means by which institutions participating in the Coordinating Board's loan programs may disburse loan funds to their students. Subsection (a) cites back to §22.2, relating to Timely Disbursement of Funds, for circumstances other than late disbursements. Subsection (b) establishes that no disbursement should be made until the student and cosigner (if applicable) have executed a promissory note, as required by Texas Education Code, §52.34. Subsection (c) addresses late disbursements of loans, i.e., disbursements made after the student's period of enrollment has concluded. In these cases, the student must have applied for the loan while enrolled, and the loan must be used to pay the student's outstanding balance at the institution for that period of enrollment. Such a loan must be disbursed within 180 days of the end of the student's enrollment period and cannot be disbursed to the student directly. Subsection (d) clarifies that the section does not apply to the Texas Armed Services Scholarship Program, because funds from that program are not disbursed as loans.
Rule 24.4, Appropriation of Funds from Former B-On-Time Student Loan Account, provides the method by which the Coordinating Board calculates the distributions of any excess funds in the former B-On-Time Student Loan Account. It is the reconstituted §22.342 and does not represent a change in the administration of these funds.
No comments were received regarding the adoption of new rule.
The new section is adopted under Texas Education Code, Chapter 52, Subchapter C, which provides the Coordinating Board with the authority to adopt rules relating to the administration of its student loan programs, and Section 56.0092, which provides the Coordinating Board with the authority to adopt rules relating to the distribution of funds from the former B-On-Time Student Loan Account.
The adopted new section affects Texas Administrative Code, Title 19, Part 1, Chapter 24.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503866
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
B.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 24, Subchapter B, §§24.10 - 24.18, Student Loan Servicing, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5548). The rules will not be republished.
These new sections delineate the means by which the Coordinating Board services state student loans or conditional grants that have converted to loans, including as to repayment terms, interest rate adjustments, forbearances, death or disability determinations, and collections enforcement. It also includes provisions specific to state student loan programs from which no new loans are offered but for which the Coordinating Board still services existing loans.
The Coordinating Board is authorized by Texas Education Code, Chapter 52, Subchapter C, to adopt rules relating to the administration of its student loan programs, as well as Texas Education Code, §56.0092 (Texas B-On-Time Loan Program), §56.3575 (Teach for Texas Conditional Grant Program, and §61.9774 (Texas Armed Services Scholarship Program) to adopt rules related to those programs.
Rule 24.10, Authority and Purpose, sets out the statutory authority for the subchapter, as well as the purpose in establishing servicing terms for state student loan programs and program-specific provisions for "legacy" state loan programs (i.e. those for which no new loans are offered but existing loans are still serviced by the Coordinating Board). The provisions of this section do not represent a change in the administration of state student loan programs.
Rule 24.11, Applicability, establishes the scope of loan programs for which the subchapter applies. Generally, the provisions of the subchapter apply to state student loan programs but not to federal student loans serviced by the Coordinating Board (with noted exceptions). This section also explains how potential differences between existing agreements (which span a variety of different programs across several decades) and the provisions of this subchapter (which are intended to provide a consistent baseline for the Coordinating Board's loan servicing administration across all loan programs and provide additional transparency and clarity to borrowers) will be handled. The provisions of this section do not represent a change in the administration of state student loan programs.
Rule 24.12, Repayment of Loans, provides for repayment provisions common to state student loan programs. The provisions of the rule are reconstituted and consolidated from like provisions in Texas Administrative Code, Chapter 22, Subchapters C, I, J, Q, X, and Y. Subsection (a) provides for the "grace period," the six-month period allowed after borrowers are no longer enrolled in higher education before they enter repayment on their loan(s). Subsection (b) clarifies that all loans may be prepaid without penalty. It also codifies existing practice that payments made before the repayment period begins do not prematurely activate the repayment period. Subsection (c) provides for late fees assessed to borrowers who do not make their monthly payments timely. Subsection (d) specifies that the Coordinating Board may determine the priority order in which payments are applied to a loan's principal, interest, other fees, etc., and subsection (e) recognizes that the Coordinating Board may choose to offer various repayment plans to eligible borrowers. Subsection (f) provides the specific repayment period that is uniquely applicable to the Teach for Texas legacy programs. The provisions of this section do not represent a change in the administration of state student loan programs.
Rule 24.13, Interest Rate Adjustment for Repayment via Auto-Debit or Automated Clearing House (ACH), codifies the Coordinating Board practice of providing a one-quarter percentage point reduction in a loan's interest rate for borrowers who enrolled in automated payments via auto-debit, Automated Clearing House, or similar technologies. Although the provisions of this section are not currently in rule, they do not represent a change in the administration of state student loan programs.
Rule 24.14, Forbearance, details how a borrower may request, and the Coordinating Board may authorize, a period of forbearance due to economic hardship, subsequent enrollment in postsecondary studies, or active-duty military service. The provisions of this section are reconstituted and consolidated from various locations within Texas Administrative Code, Chapter 22, with nonsubstantive edits to improve rule clarity and transparency and better align the rule text with current practice. The provisions of this section do not represent a change in the administration of state student loan programs.
Rule 24.15, Deceased or Disabled Borrowers or Cosigners, establishes the procedures by which the Coordinating Board verifies a borrower or cosigner's death or total disability, as well as the disposition of the individuals' liability in these cases. Subsections (a), (b), and (c) are reconstituted and consolidated provisions from various locations in Chapter 22. Subsection (d), which establishes that a borrower or cosigner who provides documentation of a 100 percent disability rating from the United States of Veterans Affairs is considered to have a total and permanent disability for the purposes of servicing state student loans, does not currently exist in rule but codifies current practice. The provisions of this section do not represent a change in the administration of state student loan programs.
Rule 24.16, Enforcement of Collection, provides for the process by which the Coordinating Board may seek collection of a loan in default, as well as related provisions relating to collection charges and cosigner responsibilities. The provisions of this section are reconstituted and consolidated from various locations in Chapter 22, with nonsubstantive edits made for rule clarity and alignment. The provisions of this section do not represent a change in the administration of state student loan programs.
Rule 24.17, Health Education Loan Program, relates to program-specific provisions for the Health Education Loan Program, a state loan program for which new loans are no longer offered but existing loans are still serviced by the Coordinating Board. Aspects of this program are tied to program rules for the Health Education Assistance Loan, a federal loan program, rather than other state programs, necessitating the separate rule. It is reconstituted and consolidated from program-specific portions of Chapter 22, Subchapter C, with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.18, Texas B-On-Time Loan Program, relates to program-specific provisions for the Texas B-On-Time Loan Program, a state loan program for which new loans are no longer offered but existing loans are still serviced by the Coordinating Board. These loans differ substantively from other state loan programs, notably, in including a forgiveness component and having no interest, necessitating the separate rule. The rule is reconstituted from the relevant portions of Chapter 22, Subchapter Q, with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
No comments were received regarding the adoption of new rule.
The new sections are adopted under Texas Education Code, Chapter 52, Subchapter C, which provides the Coordinating Board with the authority to adopt rules relating to the administration of its student loan programs, §56.0092 (Texas B-On-Time Loan Program), §56.3575 (Teach for Texas Conditional Grant Program), and §61.9774 (Texas Armed Services Scholarship Program) to adopt rules related to those programs.
The adopted new section affects Texas Administrative Code, Title 19, Part 1, Chapter 24.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503867
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
C.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 24, Subchapter C, §§24.30 - 24.32, Annual Student Loan Debt Disclosure, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5552). The rules will not be republished.
This new section provides guidance to institutions regarding required annual disclosures to students regarding their student loan debt. The Coordinating Board is authorized by Texas Education Code, §52.335, to adopt rules relating to the administration of the required loan debt disclosure.
Rule 24.30, Authority and Purpose, establishes the statutory authority and purpose of the subchapter. It is the reconstituted §21.45 and does not represent a change in the administration of the student loan debt disclosure.
Rule 24.31, Required Disclosure, provides for the manner and timing of the annual loan debt disclosure. It is the reconstituted §21.48, with elements of §21.49 added for improved clarity. Reconstituted rule text includes nonsubstantive edits to improve clarity of the rule. Subsection (c) restates Texas Education Code, §52.335(e), to capture all aspects of the disclosure within the rule. This does not represent a change in the administration of the student loan debt disclosure.
Rule 24.32, Disclosure Elements, details the required components of the annual loan debt disclosure. It is the reconstituted portions of §21.49 that were not included in §24.31, with nonsubstantive edits for clarity and does not represent a change in the administration of the student loan debt disclosure.
No comments were received regarding the adoption of new rule.
The new sections are adopted under Texas Education Code, Section 52.335, which provides the Coordinating Board with the authority to adopt rules relating to the annual loan debt disclosure.
The adopted new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 24.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503868
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
D.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 24, Subchapter D, §§24.40 - 24.46, College Access Loan Program, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5553). The rules will not be republished.
These new sections provide for the authority and purpose, definitions, program eligibility, cosigner requirements, loan amounts and interest rate, and program-specific repayment provisions. The Coordinating Board is authorized by Texas Education Code, Chapter 52, Subchapter C, to adopt rules relating to state student loan programs.
Rule 24.40, Authority and Purpose, provides for the statutory authority and notes the goal of the program to provide fixed-interest loans to improve access to higher education for eligible students. The provisions of this section do not represent a change in the administration of the program.
Rule 24.41, Definitions, specifies that "CAL" or "Program," when used in the subchapter, refers to the College Access Loan (CAL) program. The provisions of this section do not represent a change in the administration of the program.
Rule 24.42, Eligible Institutions, specifies the types of institutions which may participate in the program, as well as the responsibilities of those institutions relating to program administration. It is the reconstituted, program-specific provisions of §22.45, with nonsubstantive revisions for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.43, Eligible Students, includes the criteria by which a student may qualify for a College Access Loan. Subsection (a) is the reconstituted program-specific provisions of §22.46, with nonsubstantive edits for clarity. Subsection (b) codifies Coordinating Board practice that a person who previously has had a loan discharged by the Coordinating Board due to a total and permanent disability is not eligible for a College Access Loan. The provisions of this section do not represent a change in the administration of the program.
Rule 24.44, Cosigner Requirements, lists the criteria a person must meet to act as a prospective borrower's cosigner. Subsections (a) and (b) are the reconstituted §22.47, with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.45, Loan Amount and Interest Rate, details loan terms relating to the amount that can be lent and at what interest rate. It is the reconstituted and consolidated program-specific provisions of §22.49 and §22.51 with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.46, Repayment of Loans, specifies the repayment period and minimum monthly payment for CAL. These provisions currently are located in §22.53 but are substantively changed to align with current practice. The repayment period for College Access Loans is 10 years, if the borrower's state student loan balance is less than $30,000, or 20 years otherwise. Minimum monthly payments generally are calculated based on an amount required to amortize the loan within the repayment period. In cases with low loan balances, however, the minimum monthly payment is not less than $50. The provisions of this section do not represent a change in the administration of the program.
No comments were received regarding the adoption of the new rules.
The new sections are adopted under Texas Education Code, Chapter 52, Subchapter C, which provides the Coordinating Board with the authority to adopt rules relating to state student loan programs.
The adopted new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 24.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503869
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
E.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 24, Subchapter E, §§24.50 - 24.59, Future Occupations & Reskilling Workforce Advancement to Reach Demand (FORWARD) Loan Program, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5555). The rules will not be republished.
This new section provides for the program authority and purpose, definitions, institutional and student eligibility, hardships, credential limitations, cosigner requirements, and loan origination and repayment provisions. The Coordinating Board is authorized by Texas Education Code, Chapter 52, Subchapter C, to adopt rules relating to state student loan programs.
Rule 24.50, Authority and Purpose, provides for the statutory authority for the program rules and states its goal of providing low-interest student loans to accelerate the ability of Texas employers to fill high-demand jobs with students with high-value credentials. The provisions of this section do not represent a change in the administration of the program.
Rule 24.51, Definitions, provides definitions for "FORWARD or Program" and "High-demand Credential." These definitions are reconstituted from §22.176, while other definitions from that rule were moved into Chapter 24's General Provisions. The provisions of this section do not represent a change in the administration of the program.
Rule 24.52, Eligible Institutions, establishes which institutions may participate in the FORWARD program, as well as the institutional responsibilities for participation. It is the reconstituted §22.178, except that the rule has been substantively amended to extend eligibility to regional education service centers and other entities that offer alternative educator certification programs. These institutions already are eligible to participate in the College Access Loan Program and, given that education is one of the high-demand credentials that qualifies a student for a FORWARD loan, the addition is aligned with the program's goals.
Rule 24.53, Eligible Students, specifies the criteria qualifying a student to be able to receive a FORWARD loan. It is the reconstituted §22.179 with nonsubstantive revisions for clarity and two substantive changes. Subsection (d) provides greater detail into eligibility for students enrolled in combined baccalaureate-master's programs. FORWARD is generally limited to undergraduate students except in this case, and the revised subsection specifies that the FORWARD loan may only be offered in the final two years of the (combined) credential program. The provisions of this section do not represent a change in the administration of the program.
Rule 24.54, Discontinuation of Eligibility, describes the circumstances in which a person's eligibility for the program may expire. It is the reconstituted §22.180. The provisions of this section do not represent a change in the administration of the program.
Rule 24.55, Hardship Provisions, delineates the circumstances in which a student may seek a hardship exemption from certain eligibility criteria. The rule is the reconstituted §22.181, with nonsubstantive edits, except that the list of example circumstances is updated to include the birth or adoption of a child, aligning with similar provisions in other programs. The provisions of this section do not represent a change in the administration of the program.
Rule 24.56, Eligible High-Demand Credentials, specifies the process by which the Coordinating Board, in consultation with the Texas Workforce Commission, Texas Workforce Investment Council, and the Governor's Office of Economic Development and Tourism, determines which high-demand credentials allow students to receive a FORWARD loan. It is the reconstituted §22.177. The provisions of this section do not represent a change in the administration of the program.
Rule 24.57, Cosigner Requirements, lists the criteria a person must meet to act as a prospective borrower's cosigner. It is the reconstituted §22.182, with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.58, Loan Amount and Interest Rate, details loan terms relating to the amount that can be lent and at what interest rate. It is the reconstituted and consolidated provisions of §22.183 and §22.184, with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.59, Repayment of Loans, specifies the repayment period and minimum monthly payment for FORWARD. It is the reconstituted §22.186(a), (c), and (d) - subsection (b) of that section is now addressed by §24.12. The provisions of this section do not represent a change in the administration of the program, except that the frequently of the Commissioner's determination of the method for calculating monthly repayment amounts under subsection (c) is changed from annually to each biennium.
No comments were received regarding the adoption of new rule.
The new section is adopted under Texas Education Code, Chapter 52, Subchapter C, which provides the Coordinating Board with the authority to adopt rules relating to state student loan programs.
The adopted new section affects Texas Administrative Code, Title 19, Part 1, Chapter 24.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503870
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
F.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 24, Subchapter F, §24.74, Texas Armed Services Scholarships Converted to Loans, with changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5558). The rule will be republished. Sections 24.70 - 24.73 are adopted without changes and will not be republished.
These new sections provide for the loan terms and repayment provisions for conditional scholarships offered through the Texas Armed Services Scholarship Program (TASSP) that convert to loans. The Coordinating Board is authorized by Texas Education Code, §61.9774, to adopt rules relating to the program.
Rule 24.70, Authority and Purpose, states the statutory authority and specific purpose of the subchapter, namely, to provide for the administration of TASSP scholarships that convert to loans. The provisions of this section do not represent a change in the administration of the program.
Rule 24.71, Definitions, provides definitions to terms used throughout the subchapter. The provisions of this section do not represent a change in the administration of the program.
Rule 24.72, Loan Amounts and Interest Rates, details program-specific loan terms. It is the reconstituted §22.171(a) and (b), with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.73, Repayment of Loan, specifies the repayment period and minimum monthly payment for TASSP loans. It is the reconstituted §22.171(c) and (e), with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.74, Exemption and Cancellation, describes program-specific circumstances that may lead to the cancellation of a borrower's TASSP loan. Subsection (a) mirrors language in §22.170 (which relates to the conversion of a scholarship to a loan) by delineating circumstances in which a borrower may be exempt from repayment; paragraph (1) for physical inability, and paragraph (2) allowing for exceptional circumstances. Paragraph (2) is added to align with statutory changes made in House Bill 300, 89th Texas Legislature, Regular Session.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rule.
Section 24.74(2) is amended to clarify that the determination of whether an exceptional circumstance beyond the recipient's control exists will be made by the Coordinating Board.
No comments were received regarding the adoption of new rules.
The new section is adopted under Texas Education Code, Section 61.9774, which provides the Coordinating Board with the authority to adopt rules relating to the Texas Armed Services Scholarship Program.
The adopted new section affects Texas Administrative Code, Title 19, Part 1, Chapter 24.
§24.74.
In addition to the conditions for discharge of a Loan listed in §24.16 of this chapter (relating to Deceased or Disabled Borrowers or Cosigners), a recipient shall be exempt from the requirement to repay the Loan if the person is unable to meet the obligations described by §22.168(b)(2) of this title (relating to Promissory Note) solely as a result of:
(1) physical inability, verified by a physician's certification and/or other appropriate documentation to the satisfaction of the Coordinating Board; or
(2) an exceptional circumstance beyond the recipient's control, as determined by the Coordinating Board.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503871
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
SUBCHAPTER
G.
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 24, Subchapter G, §§24.80 - 24.86, Servicing of Federal Student Loans, generally addressed in previous provisions Chapter 22, Subchapters C and E, without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5559). The rules will not be republished.
These new sections provide program-specific information for all of the federal student loans that are still serviced by the Coordinating Board. The Coordinating Board is authorized by Texas Education Code, §52.54, to adopt rules relating to the servicing of certain federal student loans.
Rule 24.80, Authority and Purpose, lays out the statutory authority and goal of the subchapter, to specifically address the servicing of student loans originated by the federal government. This section does not represent a change in the administration of these programs.
Rule 24.81, Applicability, specifies that the provisions of Chapter 24, Subchapter B (relating to Student Loan Servicing) do not apply to this subchapter unless otherwise stated. This section does not represent a change in the administration of these programs.
Rule 24.82, Common Provisions, provides for common servicing provisions that apply to Federal Stafford Loans (FSL), Federal Supplemental Loans for Students (FSLS), and Health Education Assistance Loans (HEAL) serviced by the Coordinating Board. This includes the reconstituted and consolidated relevant provisions of §22.53 and §22.54, with nonsubstantive edits for clarity. Also added is subsection (d), which clarifies that the provisions of §24.13 (relating to Interest Rate Adjustment for Repayment via Auto-Debit or Automated Clearing House (ACH)) do apply to these loans. The provisions of this section do not represent a change in the administration of these programs.
Rule 24.83, Federal Stafford Loan (FSL) Program, provides program-specific provisions relating to that program, specifically regarding repayment period, minimum repayment amount, and enforcement of collection on defaulted loans. Subsections (a) - (c) are the reconstituted §22.53(a)(1), §22.53(b)(1), and §22.55(b), respectively, with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.84, Federal Supplemental Loans for Students (FSLS) Program, provides program-specific provisions relating to that program, specifically regarding repayment period, minimum repayment amount, and enforcement of collection on defaulted loans. Subsections (a) - (c) are the reconstituted §22.53(a)(2), §22.53(b)(2), and §22.55(b), respectively, with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.85, Health Education Assistance Loan (HEAL) Program, provides program-specific provisions relating to that program, specifically regarding repayment period, minimum repayment amount, and enforcement of collection on defaulted loans. Subsections (a) - (c) are the reconstituted §22.53(a)(4), §22.53(b)(4), and §22.55(b), respectively, with nonsubstantive edits for clarity. The provisions of this section do not represent a change in the administration of the program.
Rule 24.86, Hinson-Hazlewood College Student Loans Made Before Fall Semester, 1971, and Not Subject to the Federally Insured Student Loan Program, provides provisions specific to the limited number of applicable loans serviced by the Coordinating Board. The provisions of this section are reconstituted from multiple sections in Chapter 22, Subchapter E (relating to Hinson-Hazlewood College Student Loans Made Before Fall Semester, 1971, and Not Subject to the Federally Insured Student Loan Program), with nonsubstantive revisions for clarity and elimination of redundant or unnecessary provisions. The provisions of this section do not represent a change in the servicing of these loans.
No comments were received regarding the adoption of new rule.
The new sections are adopted under Texas Education Code, Section 52.54, which provides the Coordinating Board with the authority to adopt rules relating to the servicing of certain federal student loans.
The adopted new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 24.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503872
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 13, 2025
Proposal publication date: August 29, 2025
For further information, please call: (512) 427-6365
PART 9. TEXAS INNOVATIVE ADULT CAREER EDUCATION GRANT PROGRAM ADMINISTRATOR
CHAPTER 400. GRANT ADMINISTRATION
19 TAC §§400.1 - 400.7The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 9, Chapter 400, §§400.1 - 400.7, Grant Administration, without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4175). The rules will not be republished.
This repeal removes sections superseded by rules adopted by the Coordinating Board in April 2024 which are now in Part 1, Chapter 10, Subchapter RR, of this title.
Rules related to the Texas Innovative Adult Career Education Grant Program were adopted in Texas Administrative Code, Title 19, Part 1, following the transfer of grant administration from Austin Community College to the Coordinating Board, as authorized by House Bill 8, 88th Texas Legislature, Regular Session.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 136.007, which provides the Coordinating Board with the authority to adopt rules relating to the administration of the program.
The repeal affects Texas Administrative Code, Title 19, Part 9, Chapter 400, Sections 400.1 - 400.7.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 24, 2025.
TRD-202503895
Nichole Bunker-Henderson
General Counsel
Texas Innovative Adult Career Education Grant Program Administrator
Effective date: November 13, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 427-6537