HB 5339

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
negative
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest

HB 5339 creates the Higher Education Regenerative Agriculture Grant Program within the Texas Higher Education Coordinating Board. The program aims to fund research, education, and outreach on regenerative agriculture practices at public colleges and universities across Texas. The bill defines regenerative agriculture as a holistic approach to farming that enhances soil health, water retention, biodiversity, and long-term agricultural productivity. Specific techniques include cover cropping, crop rotation, minimal soil disturbance, soil coverage with plant residues, and the integration of livestock.

Grants awarded under the program may support activities such as studying pesticide impacts on health and the environment, analyzing successful regenerative operations, and developing bioremediation techniques that improve soil microbiology and increase crop yields. Institutions are also encouraged to offer educational and technical assistance to students, farmers, and rural communities.

To ensure coordination and accountability, the bill requires the Higher Education Coordinating Board to collaborate with the State Soil and Water Conservation Board. It also mandates publicly accessible research findings, annual reporting from grantees, and enforcement measures, including funding suspension and repayment for non-compliance. The bill emphasizes alignment with federal programs and promotes transparency, scientific rigor, and measurable outcomes in soil health and sustainable agriculture.

The Committee Substitute for HB 5339 introduces several key changes that streamline and reframe the originally filed bill. One of the most notable differences is the reorganization of the bill’s statutory placement. While the original version adds the grant program under Chapter 51 of the Education Code, which applies broadly to institutions of higher education, the substitute version locates it within Chapter 61 under a new Subchapter LL. This revision clearly places administrative responsibility with the Texas Higher Education Coordinating Board (THECB), providing more consistent oversight within the state’s existing educational framework.

Substantively, the Committee Substitute takes a more balanced and research-oriented approach compared to the original bill. The filed version placed heavy emphasis on transitioning producers to organic, pesticide-free agriculture and included explicit references to pesticide harm, particularly on rural children and farmer health. In contrast, the substitute version shifts to a more neutral assessment of both the “benefits and risks” of pesticide use. This framing better supports objective scientific inquiry rather than prescriptive policy outcomes, thereby making the bill more appealing to a broader legislative audience.

Additionally, the substitute removes language that prioritized certain institutions, such as non-land-grant universities or those with limited financial ties to pesticide companies, ensuring equal access to the grant program across all public institutions. It also consolidates the list of permissible grant uses into broader categories, reducing specificity while increasing flexibility in how funds may be used. Furthermore, it strengthens accountability by requiring rigorous scientific methods, conflict-of-interest protections, and public dissemination of findings. These revisions collectively shift the bill from a policy advocacy tool to a more neutral and structured research and education initiative.

Author (1)
Terry Wilson
Sponsor (1)
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 5339 are currently indeterminate, as several key variables remain undefined. Specifically, there is insufficient data on the number of higher education institutions that would seek participation, the total amount of funding available for grant disbursement, and the size and number of grant awards. These unknowns make it difficult to estimate the program's total cost to the state.

That said, the Texas Higher Education Coordinating Board (THECB) has projected the need for at least 3.5 full-time equivalent (FTE) positions to administer the grant program. These positions include a program director, manager, program specialist, and a part-time database administrator. The estimated cost for administering the program, including salaries, benefits, and associated operational expenses, is projected at approximately $348,557 in fiscal year 2026, and $328,557 annually in 2027 and subsequent years.

The fiscal note also clarifies that there would be no significant fiscal impact on local governments. Overall, while the administrative cost is modest and clearly defined, the larger fiscal footprint of the grant program will depend on legislative appropriations and actual demand from eligible institutions.

Vote Recommendation Notes

HB 5339 proposes the creation of a state-run grant program administered by the Texas Higher Education Coordinating Board to fund regenerative agriculture research and education at public institutions of higher learning. While the stated goals of improving soil health, increasing agricultural resilience, and supporting rural communities may appear beneficial on the surface, the bill ultimately represents an expansion of government authority and spending that raises several substantive concerns.

First and foremost, this legislation establishes a new and permanent state program without a clearly defined fiscal limit. According to the Legislative Budget Board, the total cost of the program cannot be determined due to uncertainties surrounding institutional participation, the scope of funded research, and the size of potential awards. While administrative costs alone are projected at over $300,000 annually, the actual long-term financial obligation could be substantially higher, depending on legislative appropriations or outside funding. Such open-ended commitments run counter to principles of sound budgeting and fiscal responsibility.

In addition, the bill extends the state's role into a space that is arguably best left to the private sector. Innovation in agriculture has historically been driven by farmers, private researchers, and market demand, not state-run grant programs. If regenerative agriculture is economically viable and beneficial, the market will adopt it through voluntary means, without the need for state subsidies. Taxpayer dollars should not be used to underwrite projects that private industry could pursue independently.

There is also concern that this program could set a precedent for similar grant programs in other areas of education or agriculture, further expanding the size and scope of state government. Even with good intentions, such programs create new bureaucracies, require ongoing oversight, and invite future legislation to adjust, expand, or entrench their operations.

Lastly, while the bill includes safeguards related to transparency and research integrity, it still risks becoming a vehicle for future policy advocacy or regulatory pressure. By emphasizing the study of alternatives to pesticides and aligning with environmental priorities, the bill could unintentionally influence the direction of agricultural policy in ways that are not neutral or evidence-based, despite claiming scientific objectivity.

For these reasons—fiscal uncertainty, government overreach, market interference, and the risk of long-term program expansion—Texas Policy Research recommends that lawmakers vote NO on HB 5339 to be consistent with a commitment to limited government, responsible stewardship of taxpayer resources, and confidence in private-sector innovation.

  • Individual Liberty: The bill does not impose mandates or regulations on individuals or agricultural producers. Participation in the grant program is entirely voluntary and focused on research and education. In that sense, it does not infringe on individual freedoms. However, the expansion of state-funded influence into agricultural practices, especially through research that could steer norms, raises concerns about indirect pressure on producers over time.
  • Personal Responsibility: The bill promotes voluntary learning and knowledge-sharing for farmers, which can encourage better land stewardship through informed decision-making. However, by subsidizing research and assistance with taxpayer money, it shifts part of the burden of innovation and adaptation from individuals and the market to the state. This undermines the principle that individuals and businesses should be primarily responsible for their own success, decisions, and risk management.
  • Free Enterprise: While the bill does not interfere directly with private business operations, it injects state funds into academic research that could influence market behavior. This creates the risk of skewing innovation and farm practices toward ideas favored by grant funding, rather than those most viable in a competitive marketplace. It also introduces unfair advantages, as only institutions benefiting from government support will be equipped to conduct this type of research and outreach, distorting the competitive landscape for privately funded innovation.
  • Private Property Rights: The bill does not limit or expand the rights of property owners. No mandates are placed on land use or farming techniques, and no enforcement mechanisms encroach upon landowner autonomy. However, the long-term implications of state-funded research influencing agricultural “best practices” could lay the groundwork for future regulatory pressure, which could affect landowner choices.
  • Limited Government: This is where the bill runs most clearly afoul of core liberty principles. The bill creates a new government program that will require ongoing funding, new staffing (at least 3.5 full-time employees per the fiscal note), and continual administrative oversight. It expands the state's role in higher education and agricultural research, areas already served by existing institutions, private sector efforts, and federal programs. There is no sunset clause, no cap on grant amounts, and no clear path for scaling the program down, making this an open-ended commitment of taxpayer dollars. This violates the principle that government should remain limited, focused, and restrained.
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