HB 1868

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 1868 directs the Texas Higher Education Coordinating Board (THECB) to conduct a comprehensive study assessing the feasibility and implications of modifying the performance tier funding formula for dual credit and dual enrollment courses offered by public junior colleges. Specifically, the bill instructs THECB to evaluate the impact of reducing the credit-hour requirement used for state funding purposes from the current 15 semester credit hours to nine semester credit hours. The study will analyze both the fiscal and policy implications of such a change, including any financial impact to the state and public junior colleges.

In addition to funding formula implications, the study must assess the potential benefits to students of the proposed change, such as improved alignment with the public school accountability system, reduced time and cost to complete a college degree, and comparisons of student outcomes based on different course sequences. The legislation also tasks THECB with evaluating the current and projected capacity of the state’s instructional workforce to teach dual credit courses. This includes identifying existing instructors, analyzing barriers to certification or credentialing, and developing strategies to expand the eligible workforce through professional development, partnerships with higher education institutions, and targeted support programs.

The Coordinating Board may consult with the Texas Education Agency and other higher education institutions as part of this study. A final report of findings and policy recommendations is due to the Texas Legislature by December 1, 2026. The bill includes a sunset provision and will expire on September 1, 2027.

The originally filed version of HB 1868 proposed a direct amendment to Section 130A.101(c), Education Code, modifying the state’s performance tier funding formula for public junior colleges. Specifically, it changed the required number of semester credit hours for dual credit or dual enrollment course sequences to qualify for funding from 15 to nine hours. This adjustment aimed to allow institutions to receive performance funding based on shorter course sequences for dual credit students, potentially increasing flexibility and access.

In contrast, the Committee Substitute does not enact this change outright. Instead, it authorizes a study by the Texas Higher Education Coordinating Board (THECB) to evaluate the feasibility and implications of such a change, rather than implementing it directly. The substitute adds an entirely new section to Chapter 130A (Section 130A.1011), directing THECB to examine the fiscal and policy impact of reducing the sequence from 15 to nine credit hours. It also expands the scope by requiring analysis of student outcomes, including graduation timelines and costs, and the state’s workforce capacity to teach dual credit courses, which was not addressed in the original bill.

Additionally, the substitute includes a sunset clause, expiring the bill on September 1, 2027, and requires THECB to report findings to the legislature by December 1, 2026. It also includes a clause for immediate effect if passed by a two-thirds vote, whereas the originally filed version specified a fixed effective date.

In summary, the originally filed bill would have implemented an immediate policy change, whereas the committee substitute takes a measured, data-driven approach, commissioning a study to inform future legislation. This strategic shift allows for stakeholder input, fiscal analysis, and a broader policy review before making a structural change to performance-based funding for dual credit programs.
Author (2)
Terri Leo-Wilson
Vincent Perez
Co-Author (1)
Valoree Swanson
Sponsor (1)
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1868 is not expected to have a significant fiscal impact on the state. The study mandated by the bill, which focused on the feasibility of modifying performance tier funding metrics for dual credit or dual enrollment courses, can be conducted using existing resources within the Texas Higher Education Coordinating Board (THECB).

The bill does not authorize or mandate any immediate changes to the performance-based funding formula itself, but instead calls for a review of the potential effects of reducing the credit hour requirement from 15 to nine hours. Because no actual formula adjustments or funding reallocations would occur without further legislative action, the implementation of this bill is projected to be budget-neutral at this stage.

Additionally, no fiscal implications are anticipated for units of local government, including public junior colleges, as the bill requires only a study and not direct programmatic changes. THECB and partner institutions can absorb the workload using their current staffing and infrastructure, particularly as the reporting deadline is set for late 2026, allowing for a manageable timeline.

In summary, HB 1868 presents no immediate fiscal burden to the state or local entities and offers a cost-effective approach to evaluating future changes in education funding policy.

Vote Recommendation Notes

HB 1868 presents itself as a modest, data-gathering bill aimed at examining potential changes to the funding formula for dual credit and dual enrollment courses at public junior colleges. However, on closer examination, it raises several red flags for lawmakers who are concerned about protecting taxpayers, maintaining a limited scope of government, and avoiding unnecessary delegation of legislative authority to unelected agencies.

The bill requires the Texas Higher Education Coordinating Board (THECB) to conduct a multi-year study examining the feasibility and fiscal impact of reducing the current 15-semester credit hour threshold (used for performance funding purposes) to nine hours. While this may appear harmless, there is a longstanding concern among fiscal conservatives that government-funded studies often serve as the opening act for future spending increases and bureaucratic expansion. Historically, these studies are frequently used to generate justification for policy changes that grow government involvement in areas that should remain under local control.

Moreover, there is no demonstrated need for the study. The bill analysis, fiscal note, and background statement offer no compelling evidence of a widespread problem with the current funding structure. Junior colleges and independent school districts already have the flexibility to design dual credit programs that meet local needs. If there are real barriers or inequities, they should be addressed through direct legislative action, not through an open-ended study that extends the influence of unelected regulatory agencies.

While the bill includes a sunset clause and carries no significant fiscal impact according to the Legislative Budget Board, it nonetheless uses existing agency time and taxpayer-supported resources to explore a speculative policy shift. This “solution in search of a problem” approach risks opening the door to permanent policy changes that could increase state spending and centralize more education policy under the coordinating board, rather than the legislature.

Additionally, lawmakers may rightly be concerned that the study encourages further entrenchment of centralized education planning. It authorizes THECB to consult with other agencies and institutions, further normalizing the delegation of policymaking to state bureaucracy. Even though no new rulemaking authority is granted, the report’s findings could serve as the basis for future bills that expand performance funding or workforce development programs in ways that undermine fiscal restraint or overreach into local education governance.

In conclusion, Texas Policy Research recommends that lawmakers vote NO on HB 1868, consistent with a philosophy of limited government, fiscal discipline, and skepticism toward agency-driven policymaking. The bill is unnecessary, potentially burdensome in its consequences, and misaligned with the principle of only legislating when clear, demonstrated problems exist. Lawmakers committed to restraining the size and influence of government may oppose the bill on the grounds that even temporary studies can pave the way for permanent policy and spending expansion.

  • Individual Liberty: On the surface, the bill appears to support individual liberty by exploring ways to make dual credit programs more accessible and cost-effective for students, potentially offering faster, cheaper paths to college completion. However, it does not directly change any laws or guarantee new freedoms. The real concern lies in the potential for this study to produce recommendations that lead to centralized state intervention in local education systems, which could result in the state exerting more control over curriculum, course structures, and educational funding models. This indirect pathway to increased state involvement may, over time, undermine parental choice and local control, which are critical components of individual liberty in education.
  • Personal Responsibility: The bill neither promotes nor restricts personal responsibility in any clear way. Dual credit programs inherently reward responsible students who take initiative, but this bill does not modify access to such programs; it merely commissions a study of funding structures. That said, any future policy change resulting from the study could affect incentives within the education system, such as by encouraging or discouraging student engagement, depending on how funding formulas are revised. As written, however, the bill’s impact on this principle is minimal.
  • Free Enterprise: While dual credit programs help develop workforce skills and are generally supported by the business community, this bill does not expand those programs through market forces. Instead, it relies on a state-sponsored study to explore how to alter funding formulas, an approach that may lead to increased public subsidization of programs in ways that distort the education and labor markets. By funneling more state dollars toward certain outcomes, policymakers may inadvertently disadvantage private or alternative educational providers. Moreover, growing reliance on state-driven workforce planning, rather than market signals, can undermine innovation and flexibility in both the education and private sectors.
  • Private Property Rights: The bill does not touch on property rights. It neither expands nor restricts an individual’s or institution’s right to own, use, or dispose of property. The study focuses exclusively on internal government funding structures and academic outcomes.
  • Limited Government: This is the most significant area of concern. While the bill doesn’t create a new agency or mandate immediate changes, it expands the scope of state government activity by directing the Texas Higher Education Coordinating Board (THECB), an unelected agency, to conduct a multi-year study on matters traditionally left to local control. It also encourages inter-agency cooperation and signals openness to future regulatory expansion. Even though the bill technically includes a sunset provision and has no immediate fiscal cost, it sets a precedent for bureaucratic policymaking through research rather than legislative deliberation. This type of study often becomes a springboard for future legislation that increases state control, expands spending, and weakens the legislative branch’s direct accountability to the public.
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