TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 21. STUDENT SERVICES
SUBCHAPTER
B.
The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter B, §§21.21 - 21.30, concerning Determination of Resident Status. Specifically, the rules being repealed are superseded by the rules in Chapter 13, Subchapter K, which were adopted in October 2025 and became effective November 2025. Under the newly adopted §13.193, the changes implemented with the adoption of Subchapter K, are effective as to resident tuition determinations made after the census date of the regular Fall 2025 semester, with determinations made before this date governed by the applicable state or federal law (including as modified by court order) at the time of the determination.
The Coordinating Board is authorized by Texas Education Code, §54.075, to adopt rules necessary to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.
Dr. Charles W. Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Dr. Charles W. Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved rule clarity by elimination of outdated rules. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Dr. Charles W. Contero-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The repeal is proposed under Texas Education Code, Section 54.075, which provides the Coordinating Board with the authority to adopt rules necessary to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.
The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 21, Subchapter B.
§21.21.
§21.22.
§21.23.
§21.24.
§21.25.
§21.26.
§21.27.
§21.28.
§21.29.
§21.30.
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 November 10, 2025.
TRD-202504076
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: December 21, 2025
For further information, please call: (512) 427-6365
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 102. EDUCATIONAL PROGRAMS
SUBCHAPTER
EE.
The Texas Education Agency (TEA) proposes the repeal of §102.1056, concerning the dropout recovery pilot program. The proposed repeal would remove the rule because its authority, Texas Education Code (TEC), §39.407 and §39.416, was repealed by Senate Bill (SB) 1376, 86th Texas Legislature, Regular Session, 2019.
BACKGROUND INFORMATION AND JUSTIFICATION: Under TEC, §39.416 (formerly §39.366), the commissioner of education exercised rulemaking authority to adopt rules to administer the High School Completion and Success Initiative through the adoption of §102.1056. This rule established and implemented the pilot program to provide eligible entities with grants to identify and recruit students who had dropped out of Texas public schools and provide them services designed to enable them to earn a high school diploma or demonstrate college readiness. SB 1376, 86th Texas Legislature, Regular Session, 2019, repealed TEC, §§39.407, 39.411, and 39.416. The proposed repeal of §102.1056 is necessary because the authorizing statutes no longer exist. Furthermore, funding for the pilot program ceased years before the authorizing statutes were repealed.
FISCAL IMPACT: Monica Martinez, associate commissioner for standards and programs, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would repeal an existing regulation by removing a rule authorizing a pilot program for which statutory authority no longer exists.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand or limit an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: Ms. Martinez has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be to remove a rule for which statutory authority no longer exists. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The public comment period on the proposal begins November 21, 2025, and ends December 22, 2025. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on November 21, 2025. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.
STATUTORY AUTHORITY. The repeal is proposed under former Texas Education Code (TEC), §39.407, which addressed the strategic plan of the High School Completion and Success Initiative Council and included rulemaking authority for the commissioner of education; former TEC, §39.411(c), which addressed the recommendations of the High School Completion and Success Initiative Council, including implementation of those recommendations via a grant-making process; and former TEC, §39.416, which provided the commissioner of education with rulemaking authority for former TEC, Chapter 39, Subchapter M, High School Completion and Success Initiative.
CROSS REFERENCE TO STATUTE. The repeal implements former Texas Education Code, §§39.407, 39.411(c), and 39.416.
§102.1056.
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 November 4, 2025.
TRD-202503980
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: December 21, 2025
For further information, please call: (512) 475-1497