81R608 CAS-D
By: Berman H.B. No. 255
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting admission by public institutions of higher
education of applicants who are not lawfully authorized to be
present in the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter U, Chapter 51, Education Code, is
amended by adding Section 51.806 to read as follows:
Sec. 51.806. ADMISSION OF PERSON NOT LAWFULLY PRESENT IN
UNITED STATES PROHIBITED. (a) Notwithstanding any other law, an
institution of higher education may not admit an applicant for
admission to the institution, including an applicant who is
applying for readmission to the institution, unless the applicant
submits to the institution the documentation required by Texas
Higher Education Coordinating Board rule verifying that the
applicant is authorized by law to be present in the United States.
(b) Subsection (a) applies to an applicant for admission
regardless of whether the applicant previously attended the
institution without submitting the documentation required for
purposes of this section.
(c) The coordinating board shall adopt rules prescribing
the documentation required for purposes of this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Higher Education Coordinating Board shall
adopt rules in accordance with Section 51.806, Education Code, as
added by this Act, prescribing the documentation required for a
public institution of higher education to verify that a person
applying for admission is lawfully authorized to be present in the
United States.
SECTION 3. The change in law made by this Act applies
beginning with admission to public institutions of higher education
for the 2010 fall semester. Admission for a semester or session
before the 2010 fall semester is governed by the applicable law in
effect before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.