TITLE 40. SOCIAL SERVICES AND ASSISTANCE

DIVISION 3. TEXAS TUITION AND FEE WAIVER FOR YOUTH RETURNING TO A PARENT

40 TAC §700.1630

The Department of Family and Protective Services (DFPS) adopts the amended rule in Title 40, Texas Administrative Code (TAC), Chapter 700, Subchapter P, Division 3, §700.1630, relating to the Texas Tuition and Fee Waiver. The proposal was published on May 15, 2026, issue of the Texas Register (51 TexReg 3358). The amended rule is adopted without changes to the proposed text and will not be republished.

BACKGROUND AND JUSTIFICATION

House Bill (HB) 1211 passed during the 89th Texas Legislature (Regular Session, 2025) amends Texas Education Code Section 54.366, which allows certain youth who have been in foster care to receive free tuition and fees at Texas public institutions of higher education. The bill extends the age of enrollment to the student's 27th birthday, and therefore, the time a student is allowed to qualify for free tuition and fees. The adopted rule amendment will modify 40 TAC §700.1630 to align with the statute.

COMMENTS

The 30-day comment period ended June 14, 2026. During this period, DFPS did not receive any comments regarding the amended rule.

STATUTORY AUTHORITY

The amendments are adopted under Human Resources Code §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matter within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.

Additionally, during the 84th Texas Legislature (Regular Session, 2015), SB 206 passed which required the executive commissioner of the Health and Human Services Commission to develop rules, in consultation with the Texas Higher Education Coordinating Board, that would allow a foster care youth who is returned to their parent to receive a waiver of tuition and fees under Texas Education Code Section 54.366.

HB 1211 modifies Section 54.366 to extend the time for foster care youth to enroll in an institute of higher education, therefore implementation of this provision of the statute is not dependent on implementation of the adopted rule amendment.

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 June 15, 2026.

TRD-202602450

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: July 5, 2026

Proposal publication date: May 15, 2026

For further information, please call: (512) 945-5978

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