Relating to admission of and resident tuition rates and fees at public institutions of higher education for certain students in military-related programs.
CriticalImmediate action required
Medium Cost
Effective:2025-06-20
Enforcing Agencies
Texas Higher Education Coordinating Board • Public Institutions of Higher Education (Admissions and Bursar Offices)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Immediately).
Compliance Deadline:Fall 2025 Billing Cycle. Billing systems must be updated prior to generating Fall statements (typically July 2025).
Agency Rulemaking: The Texas Higher Education Coordinating Board (THECB) is expected to issue reporting guidelines. However, the tuition rate mandate is self-executing; institutions cannot wait for agency rules to adjust billing tables.
Immediate Action Plan
Immediate: Instruct IT and Bursar offices to create a new student attribute code: "Military Waiver – Resident Rate / No State Aid."
By July 1: Update the Fall 2025 billing tables to apply the resident rate to this new code.
By July 15: Establish a roster verification process with local ROTC/Corps commanders to confirm student eligibility before bills are finalized.
By August 1: Update admissions scoring rubrics for future terms to formally weight military intent.
Operational Changes Required
Contracts
SIS Vendor Agreements: Review contracts with SIS providers (e.g., Ellucian, Oracle, Workday). If your current configuration automatically links "Resident Tuition" to "State Grant Eligibility," you must execute a Statement of Work (SOW) immediately to patch this logic.
Cross-Town MOUs: Update Memoranda of Understanding with partner institutions for cross-town ROTC students to clarify which institution applies the waiver and verifies "good standing."
Hiring/Training
Admissions Staff: Train admissions officers on the new statutory requirement to consider "intent to enlist" or "intent to join Corps" as a positive factor in holistic review.
Bursar & Financial Aid: Train staff on the specific prohibition of awarding TEXAS Grants or other state aid to this specific cohort, despite their resident tuition status.
Reporting & Record-Keeping
"Good Standing" Verification: Establish a formal data exchange workflow between the Registrar and military detachment commanders to verify student status prior to the Census Date.
Admissions Audit Trail: Modify admissions applications to include a checkbox or affidavit for "intent to enlist." Retain this documentation to justify admissions decisions in the event of an audit or challenge.
Fees & Costs
Revenue Reduction: Institutions must absorb the differential between non-resident and resident tuition for this cohort.
System Reconfiguration: Budget for potential rush fees from software vendors to modify billing logic before the Fall semester begins.
Strategic Ambiguities & Considerations
Definition of "Good Standing": The statute does not define the specific date on which "good standing" in ROTC is measured.
*Risk:* If a student drops ROTC after the Census Date, the law is unclear on whether tuition should be retroactively adjusted.
*Guidance:* Define eligibility based on the Census Date in your internal policy to avoid mid-semester billing disputes.
Verification of "Intent": The law requires admissions consideration for "intent" to enlist but provides no standard of proof.
*Risk:* Verbal assertions are insufficient for audit purposes.
*Guidance:* Require written declarations to create a defensible paper trail.
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The bill author has informed the committee that not all students at public institutions of higher education who are enrolled in and members in good standing of a Reserve Officers' Training Corps program or other military-related program are given in-state tuition rates. C.S.H.B. 5646 seeks to address this issue by providing for such students to pay tuition and fees at the rates provided for Texas residents.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 5646 amends the Education Code to entitle a person enrolled at a public institution of higher education to pay tuition and fees at the rates provided for Texas residents if the person meets any of the following criteria:
·is enrolled and a member in good standing in a Reserve Officers' Training Corps program;
·is enrolled in a corps of cadets, including a corps of cadets at a senior military college; or
·is enrolled in a corps of midshipmen.
The bill establishes that a person who is entitled to pay resident tuition and fees only as permitted by these provisions is not considered a Texas resident for purposes of a financial aid program offered by the state.
C.S.H.B. 5646 applies beginning with tuition and other fees charged for the 2026 spring semester. Tuition and other fees charged for an academic period before that semester are covered by the law in effect immediately before the bill's effective date, and the former law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 5646 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced required a public institution of higher education in Texas to grant in-state tuition rates to any student who is enrolled in and a member in good standing of a Reserve Officers' Training Corps (ROTC) program, or members of the corps of cadets at a senior military college, the substitute entitles a person enrolled at such an institution to pay tuition and fees at the rates provided for Texas residents if the person is, as follows:
·enrolled and in good standing in a ROTC program;
·enrolled in a corps of cadets, including a corps of cadets at a senior military college; or
·enrolled in a corps of midshipmen.
The substitute includes a provision absent from the introduced that clarifies that a person entitled to resident tuition and fees for their enrollment in applicable military-related programs is not considered a Texas resident for purposes of a financial aid program offered by the state.
Whereas the introduced established that its provisions apply beginning with the registration for a course or program for the 2026 spring semester, the substitute instead establishes that its provisions apply beginning with tuition and other fees charged for the 2026 spring semester. The substitute includes a provision relating to the continuation of former law, whereas the introduced did not.
Honorable Terry M. Wilson, Chair, House Committee on Higher Education
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB5646 by Wilson (Relating to in-state tuition for certain students in military related programs.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
710 Texas A&M University System Administrative and General Offices, 717 Texas Southern University, 719 Texas State Technical College System Administration, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 775 Texas Woman's University System, 781 Higher Education Coordinating Board, 783 University of Houston System Administration, 966 Howard College, 978 San Jacinto College
LBB Staff:
JMc, FV, LBO, CPo
Related Legislation
Explore more bills from this author and on related topics
HB5646 mandates that public universities immediately charge Texas resident tuition rates to non-resident students enrolled in ROTC or Corps of Cadets programs for the Fall 2025 semester, while explicitly disqualifying these students from state financial aid. This legislation forces a decoupling of "tuition residency" from "financial aid residency" in Student Information Systems (SIS), creating an immediate risk of billing errors and audit findings if not addressed before July billing cycles. Implementation Timeline Effective Date: June 20, 2025 (Immediately).
Q
Who authored HB5646?
HB5646 was authored by Texas Representative Terry Wilson during the Regular Session.
Q
When was HB5646 signed into law?
HB5646 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB5646?
HB5646 is enforced by Texas Higher Education Coordinating Board and Public Institutions of Higher Education (Admissions and Bursar Offices).
Q
How urgent is compliance with HB5646?
The compliance urgency for HB5646 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB5646?
The cost impact of HB5646 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does HB5646 address?
HB5646 addresses topics including education, education--higher, education--higher--tuition, military & veterans and education--higher--student fees.
Legislative data provided by LegiScanLast updated: November 25, 2025
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