Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025.
Compliance Deadline:
School Districts: Immediate implementation for the 2025-2026 school year regarding FAST program eligibility.
Employers: Contingent on TWC implementation. While the law is effective 9/1/2025, mandatory reporting will commence once TWC updates filing forms (anticipated mid-2026 to early 2027).
Agency Rulemaking:
THECB: Authorized for emergency rulemaking immediately to implement FAST changes by Sept 1, 2025.
TWC: Must adopt rules and update forms to capture new wage data. Watch for the comment period in late 2025/early 2026 to influence definitions of "remote work."
Immediate Action Plan
Immediate: Audit current employee data to identify gaps in "work location" records, specifically for hybrid/remote staff.
Q4 2024: Send a formal compliance inquiry to your payroll software vendor asking for their product roadmap regarding Texas SB1786 "Enhanced Wage Filing" support.
Q1 2025: School Districts must update enrollment workflows to capture "current year" economic disadvantage status for the upcoming academic year.
Ongoing: Monitor TWC rulemaking dockets for the definition of "Occupational Field" to prepare for necessary mass-updates to employee records.
Operational Changes Required
Contracts
Payroll & PEO Vendors: You must amend Master Service Agreements (MSAs) with providers (e.g., ADP, Paychex) to ensure they are contractually obligated to support SB1786 data fields by the effective date. If their software is not ready, your business bears the non-compliance liability.
Interlocal Agreements (ISDs/Colleges): School districts and higher education institutions must update MOUs to allow for the immediate transfer of "current year" economic disadvantage data for FAST eligibility.
Hiring/Training
HR Classification Audit: HR departments must assign a standardized "Occupational Field" (likely a Standard Occupational Classification or SOC code) to every existing employee, not just new hires.
Registrar Training: ISD staff must be retrained to verify FAST eligibility based on *current* year data rather than the previous four-year lookback period.
Reporting & Record-Keeping
Enhanced Wage Filings (Employers): The TWC quarterly report will require three new mandatory fields per employee:
1.County of Primary Employment: Where the work is physically performed (critical for multi-site ops).
2.Remote Work Status: A specific designation for off-site employees.
3.Occupational Field: Job classification code.
FAST Verification (ISDs): Districts using alternative methods to determine economic disadvantage must document the methodology and data used for TEA auditing.
Fees & Costs
Administrative Overhead: Expect medium-level one-time costs associated with payroll system reconfiguration and data auditing.
Tuition Waivers: Higher Education Institutions must absorb the administrative cost of processing mandatory FAST waivers, though formula funding is intended to offset this.
Strategic Ambiguities & Considerations
Definition of "Remote Work": The statute does not define the threshold for "remote status." TWC rulemaking will determine if this applies to hybrid employees (e.g., 3 days in/2 days out) or only fully remote staff. This definition has significant tax and labor market data implications.
Granularity of "Occupational Field": It is currently unclear if TWC will require broad job categories or specific 6-digit SOC codes. The latter would impose a heavy administrative burden on HR departments to classify unique roles.
"Self-Sufficient Wage" Threshold: The THECB has discretion to set the wage floor that determines if a degree program is funded. If set aggressively high, this could defund vocational programs in essential but lower-wage sectors.
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Last session the Texas Legislature passed H.B. 8, which created an outcomes-based funding model that rewards credentials of value, dual credit completion, and successful transfers to public four-year institutions. S.B. 1786 seeks to address the feedback received heard from stakeholders and experts over the past two years since implementation of H.B. 8, including clarifications for implementation of the Financial Aid for Swift Transfer program and expansion of eligible institutions for four-year transfer under the performance tier of the funding model.
As proposed, S.B. 1786 amends current law relating to public higher education.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Higher Education Coordinating Board in SECTION 4 (Section 61.0275, Education Code) and SECTION 5 (Section 130A.005, Education Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 28.0095(c), (e), and (f), Education Code, as follows:
(c) Provides that a student is eligible to enroll at no cost in a dual credit course under the program if the student:
(1)� is enrolled:
(A)� in a grade level from 9 through 12, rather than in high school, in a school district or charter school; and
(B) makes no changes to this paragraph; and
(2)� was educationally disadvantaged at any time during:
(A)� the school year in which the student enrolls in the dual credit course described by Subdivision (1)(B) (relating to student enrollment in a dual credit course at a participating institution of higher education); or
(B) creates this paragraph from existing text and makes no further changes.
(e) Requires each school district or charter school to:
(1)� on the enrollment of a student in a grade level from 9 through 12, rather than on a high school student's enrollment, in a dual credit course, determine whether the student meets the criteria for the program under Subsection (c)(2); and
(2) makes no changes to this subdivision.
(f) Requires the Texas Education Agency to make available to school districts and charter schools the data necessary for making the determination required under Subsection (e)(1).
SECTION 2. Amends Subchapter D, Chapter 54, Education Code, by adding Section 54.215, as follows:
Sec. 54.215.� FINANCIAL AID FOR SWIFT TRANSFER (FAST) PROGRAM. Requires the governing board of an institution of higher education participating in the Financial Aid for Swift Transfer (FAST) program under Section 28.0095 (Financial Aid for Swift Transfer (FAST) Program) to exempt from the payment of tuition and required fees for a dual credit course, as defined by that section, a student who is eligible for the program.
SECTION 4. Amends Subchapter B, Chapter 61, Education Code, by adding Section 61.0275, as follows:
Sec. 61.0275.� ADOPTION BY REFERENCE. Authorizes the Texas Higher Education Coordinating Board (THECB) to adopt by reference a manual or policy document as a rule.
SECTION 5. Amends Section 130A.005, Education Code, by adding Subsection (d), as follows:
(d) Authorizes THECB to use the emergency rulemaking procedures established under Section 2001.034 (Emergency Rulemaking), Government Code, to adopt rules necessary to align the funding formulas under Chapter 130A (Public Junior College State Finance Program) with appropriations or other legislative action. Provides that THECB is not required to make the finding described by Section 2001.034(a) (relating to authorizing a state agency to adopt an emergency rule without prior notice or hearing if certain criteria are met), Government Code, to adopt rules under this subsection.
SECTION 6. Amends Section 130A.101(c), Education Code, as follows:
(c) Provides that certain values are the measurable outcomes considered for purposes of performance tier funding, including the number of students who earn at least 15 semester credit hours or the equivalent at the junior college district and subsequently transfer to a private or independent institution of higher education, as that term is defined by Section 61.003, (Definitions) that offers four-year degree programs. Makes a nonsubstantive change.
SECTION 7. Provides that Section 28.0095, Education Code, as amended by this Act, applies beginning with the 2025�2026 school year.
SECTION 8. Provides that Section 54.215, Education Code, as added by this Act, applies beginning with tuition and required fees charged for the 2025 fall semester. Provides that tuition and required fees charged for an academic period before that semester are governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
SECTION 9. (a) Effective date, except as provided by Subsection (b) of this section: upon passage or September 1, 2025.
(b) Effective date, Section 130A.101(c), Education Code, as amended by this Act: September 1, 2025.
Honorable Brandon Creighton, Chair, Senate Committee on Education K-16
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1786 by Creighton (Relating to public higher education.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB1786, As Introduced: a negative impact of ($26,754,063) through the biennium ending August 31, 2027.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
General Revenue-Related Funds, Five- Year Impact:
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2026
($13,353,181)
2027
($13,400,882)
2028
($11,529,686)
2029
($9,687,426)
2030
($7,873,738)
All Funds, Five-Year Impact:
Fiscal Year
Probable (Cost) from General Revenue Fund 1
2026
($13,353,181)
2027
($13,400,882)
2028
($11,529,686)
2029
($9,687,426)
2030
($7,873,738)
Fiscal Analysis
The bill would expand student eligibility for the Financial Aid for Swift Transfer (FAST) program from only students who were educationally disadvantaged at any time during the four school years preceding enrollment in a dual credit course to include students who were educationally disadvantaged in the school year in which the student enrolls in the dual credit course. The bill would clarify for purposes of eligibility that a student be enrolled in a grade level from 9 through 12, rather than high school, in a school district or charter school. The bill would require the Texas Education Agency (TEA) to make data related to the FAST program available to school districts and charter schools and would prescribe the accounting method for the FAST program at the institutions.
The bill would exempt the Texas Higher Education Coordinating Board (THECB) from certain rulemaking procedures to adopt rules necessary to align the community college funding formulas with appropriations or other legislative actionand would authorize community colleges to receive formula funding for student transfers to private or independent four-year institutions of higher education.
Methodology
The estimated costs related to the changes to student eligibility for the FAST program cannot be determined due to a lack of data on the number of students to whom these provisions of the bill would apply.
THECB estimated the number of student transfers to private or independent four-year institutions of higher education that would receive community college formula funding by using a forecast model based on historical actual certified data from 2018 to 2024 and assuming the fiscal year 2025 funding weights and rates remain constant through fiscal year 2030. The forecasted weighted transfer outcomes are estimated to be 3,815 in fiscal year 2026 and 3,829 in fiscal year 2027 followed byan expected downward trend through fiscal year 2030.The total number of such weighted student transfer outcomes multipliedby the fiscal year 2025 transfer outcome funding rate of $3,500 would result in an estimated cost of $13,353,181 in fiscal year 2026 and $13,400,882 in fiscal year 2027.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td >
701 Texas Education Agency, 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, 781 Higher Education Coordinating Board, 783 University of Houston System Administration, 966 Howard College, 978 San Jacinto College
LBB Staff: b > td >
JMc, FV, LBO, AO, NV
Related Legislation
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SB1786 introduces a critical, universal mandate for all Texas employers to overhaul wage reporting data submitted to the state, requiring granular tracking of remote work status and specific occupational classifications. While the bill primarily restructures community college funding based on "Credentials of Value" and expands the FAST dual-credit program, the hidden operational burden falls on HR and payroll departments to comply with these new "enhanced wage filing" requirements. Implementation Timeline Effective Date: September 1, 2025.
Q
Who authored SB1786?
SB1786 was authored by Texas Senator Charles Creighton during the Regular Session.
Q
When was SB1786 signed into law?
SB1786 was signed into law by Governor Greg Abbott on May 27, 2025.
Q
Which agencies enforce SB1786?
SB1786 is enforced by Texas Higher Education Coordinating Board (THECB), Texas Education Agency (TEA) and Texas Workforce Commission (TWC).
Q
How urgent is compliance with SB1786?
The compliance urgency for SB1786 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1786?
The cost impact of SB1786 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does SB1786 address?
SB1786 addresses topics including education, education--higher, education--higher--finance, education--higher--state coordination and education--junior college districts.
Legislative data provided by LegiScanLast updated: November 25, 2025
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