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) proposes to amend rule Title 40, Texas Administrative Code (TAC), Chapter 700, Subchapter P, Division 3, §700.1630, relating to the Texas Tuition Fee Waiver.

BACKGROUND AND PURPOSE

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, and therefore, the time a student is allowed to qualify for free tuition and fees from no later than the student's 25th birthday to no later than the student's 27th birthday for tuition and fees charged for the 2025 fall semester and subsequent semesters. This proposed rule amendment will modify 40 TAC §700.1630, which concerns foster care youth who have returned to their parent, to align with this change.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §700.1630(c) increases the age when a foster care youth who has returned to a parent has to enroll in a Texas public institution of higher education to receive free tuition and fees from the student's 25th birthday to the student's 27th birthday for tuition and fees charged for the 2025 fall semester and subsequent semesters.

FISCAL NOTE

Lea Ann Biggar, Chief Financial Officer, has determined that for each year of the first five years that the section(s) will be in effect, there will not be fiscal implications to state government as a result of enforcing and administering the section(s) as proposed. There will be no effect on local government.

GOVERNMENT GROWTH IMPACT STATEMENT

DFPS has determined that during the first five years that the section(s) will be in effect:

(1) the amended rule will not create or eliminate a government program;

(2) implementation of the amended rule will not affect the number of employee positions;

(3) implementation of the amended rule will not require an increase in future legislative appropriations;

(4) the amended rule will not affect fees paid to the agency;

(5) the amended rule will not create a new rule;

(6) the amended rule will not expand, limit, or repeal an existing rule (in the sense that those required to comply will be required to do less or more based on the proposal);

(7) the amended rule will increase the number of individuals subject to the rule; and

(8) the amended rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Biggar has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the rule does not apply to small or micro-businesses, or rural communities.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated economic costs to persons who are required to comply with the section as proposed.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this amended rule because DFPS is exempt per subsection (c) of §2001.0045.

PUBLIC BENEFIT

Ms. Biggar has also determined that for each of the first five years that the rule is in effect, the public benefit from the adoption of the rule extends the age of enrollment from a student's 25th birthday to their 27th birthday, resulting in more students taking advantage of the free tuition and fees at Texas public institutions of higher education.

TAKINGS IMPACT ASSESSMENT

DFPS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

DFPS invites comments on the proposed rule. DFPS requests information related to the cost, benefit, or effect of the proposed amended rule, including any applicable data, research, or analysis. To be considered, comments, questions, and information must be submitted no later than 30 days after the date of this issue of the Texas Register.

Electronic comments and questions may be submitted to Quyona Gregg, Policy Attorney at Quyona.Gregg@dfps.texas.gov or RULES@dfps.texas.gov. Hard copy comments may be submitted to the DFPS Rules Coordinator, Legal Services Sanjuanita Maltos, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030.

STATUTORY AUTHORITY

The amendments are proposed 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, HB 1211 from the 89th Legislature, Regular Session amended Education Code Section 54.366 which requires rules that would allow a foster care child who is returned to their parent to receive a waiver of tuition and fees.

CROSS REFERENCE TO STATUTES

The proposed rule amendments implement Texas Education Code Section 54.366.

§700.1630. When can youth returning to a parent receive the Texas Tuition and Fee Waiver?

(a) The following populations are eligible for the Texas Tuition and Fee Waiver, regardless of whether parental rights are terminated or not:

(1) Youth age 14 or older who are in DFPS's permanent managing conservatorship on or after the effective date of this rule, and who subsequently exit conservatorship to the legal responsibility of a parent.

(2) Youth age 16 or older who are in DFPS's temporary managing conservatorship on or after the effective date of this rule, and who subsequently exit conservatorship to the legal responsibility of a parent.

(b) If after exiting the foster care system the youth returns to DFPS conservatorship, the youth's eligibility will be based on their current foster care circumstances.

(c) The student must enroll in an institution of higher education as defined by Texas Education Code §61.003 not later than the student's 27th [25th] birthday to receive the Texas Tuition and Fee Waiver for tuition and fees charged for the 2025 fall semester and subsequent semesters.

(d) The student must meet any other applicable statutory requirement concerning the Texas Tuition and Fee Waiver for students exempted by Texas Education Code §54.366.

(e) This rule is applicable beginning with tuition and fees charged at a Texas public institution of higher education as defined by the Texas Education Code §61.003 for the 2016 fall semester.

(f) The term parent means a biological parent or an adoptive parent.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 28, 2026.

TRD-202601831

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Earliest possible date of adoption: June 14, 2026

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

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