89th Legislature Regular Session

HB 5646

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 5646 proposes to amend the Texas Education Code by adding Section 54.224, which entitles certain students enrolled in military-related programs at Texas public institutions of higher education to pay tuition and fees at the in-state resident rate, regardless of their formal residency status. Eligible individuals include those in good standing in a Reserve Officers’ Training Corps (ROTC) program, a corps of cadets (including at senior military colleges), or a corps of midshipmen.

The bill explicitly states that while these individuals may receive the benefit of resident tuition, they are not considered Texas residents for the purposes of eligibility for state financial aid programs. This distinction limits the broader fiscal impact of the bill and confines the benefit to tuition classification only.

The legislation is set to take effect for tuition and fees beginning with the fall semester of 2025. This policy is intended to encourage participation in military preparatory programs by reducing financial barriers for nonresident students, while also balancing fiscal responsibility by excluding eligibility for broader state benefits.
Author
Terry Wilson
Sponsor
Bob Hall
Co-Sponsor
Cesar Blanco
Donna Campbell
Juan Hinojosa
Angela Paxton
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 5646 is not anticipated to have a significant fiscal impact on the State of Texas. The bill allows certain students enrolled in military-related programs, such as ROTC and corps of cadets or midshipmen, to qualify for in-state tuition rates at public higher education institutions, even if they do not meet traditional residency requirements.

The fiscal note assumes that any implementation costs associated with this change can be absorbed by institutions using existing resources. This suggests that universities are expected to handle any administrative adjustments or potential tuition revenue reductions without additional state appropriations or funding.

Additionally, the bill is not expected to have a significant fiscal impact on local governments. Since the measure targets a relatively narrow student population and excludes these students from eligibility for other state-funded benefits like financial aid, the overall budgetary effects are minimal. The policy change is seen as a manageable adjustment within the current higher education funding framework.

Vote Recommendation Notes

HB 5646 presents a narrowly tailored expansion of resident tuition eligibility at Texas public institutions of higher education for students involved in military-related training programs. According to the bill analysis, this includes those in Reserve Officers’ Training Corps (ROTC) programs, corps of cadets (such as at senior military colleges), and corps of midshipmen. The intent is to support and incentivize student participation in these programs, many of which prepare individuals for future service in the U.S. military or national defense-related careers.

Crucially, the bill distinguishes these students from traditional Texas residents by stipulating they are not eligible for additional benefits such as state-funded financial aid. This ensures a targeted approach that limits fiscal exposure while delivering meaningful support to a specific group. The Legislative Budget Board notes there would be no significant fiscal implications to the state or local governments, as institutions can absorb any administrative or revenue adjustments with current resources.

From a liberty-focused policy perspective, the bill supports individual liberty and personal responsibility by rewarding students who voluntarily commit to disciplined, service-oriented training. It avoids overextension of government programs and remains consistent with limited government principles by excluding these students from broader state aid eligibility. Moreover, both Democratic and Republican platforms express support for education affordability and military service recognition, and the Libertarian Party’s concerns about government overreach are not triggered by the bill’s constrained scope.

Given its minimal fiscal impact, strong alignment with civic values, and respect for individual initiative and fiscal discipline, Texas Policy Research recommends that lawmakers vote YES on HB 5646. It responsibly enhances access to higher education for students in military training while protecting the integrity of the state’s financial aid system.

  • Individual Liberty: The bill enhances individual liberty by expanding access to in-state tuition for students who voluntarily choose to participate in military-related educational programs, such as ROTC or corps of cadets. These students make a personal commitment to public service and leadership, and the bill removes a financial barrier that could otherwise limit their opportunity to pursue such pathways. It empowers individuals to access education and training tied to service, without requiring a change in formal residency status.
  • Personal Responsibility: The bill promotes the principle of personal responsibility by offering benefits to students who commit to structured, service-oriented programs. Participation in these programs requires discipline, time management, and leadership qualities closely associated with personal responsibility. The bill incentivizes these behaviors by making education more affordable for those taking on this civic duty.
  • Free Enterprise: The bill operates within the public sector and does not restrict or burden private enterprise. While it adjusts pricing models at public institutions, it does so narrowly and does not distort broader market dynamics. The bill avoids mandates or subsidies to private actors and preserves institutional autonomy.
  • Private Property Rights: There is no direct impact on private property rights. One could argue that the use of public resources (i.e., subsidized tuition) implicates taxpayer interests, but since the bill limits additional aid eligibility, it mitigates that concern and avoids overreach into private economic domains.
  • Limited Government: The bill maintains a limited government posture by narrowly defining eligibility and explicitly stating that students qualifying under this provision are not considered Texas residents for broader financial aid programs. This careful drafting ensures that the benefit is restricted to tuition classification and avoids a wider expansion of entitlement eligibility, thereby preserving the integrity of limited government structures.
View Bill Text and Status