| 1 | 1 | | 81R608 CAS-D |
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| 2 | 2 | | By: Berman H.B. No. 255 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting admission by public institutions of higher |
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| 8 | 8 | | education of applicants who are not lawfully authorized to be |
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| 9 | 9 | | present in the United States. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter U, Chapter 51, Education Code, is |
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| 12 | 12 | | amended by adding Section 51.806 to read as follows: |
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| 13 | 13 | | Sec. 51.806. ADMISSION OF PERSON NOT LAWFULLY PRESENT IN |
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| 14 | 14 | | UNITED STATES PROHIBITED. (a) Notwithstanding any other law, an |
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| 15 | 15 | | institution of higher education may not admit an applicant for |
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| 16 | 16 | | admission to the institution, including an applicant who is |
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| 17 | 17 | | applying for readmission to the institution, unless the applicant |
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| 18 | 18 | | submits to the institution the documentation required by Texas |
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| 19 | 19 | | Higher Education Coordinating Board rule verifying that the |
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| 20 | 20 | | applicant is authorized by law to be present in the United States. |
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| 21 | 21 | | (b) Subsection (a) applies to an applicant for admission |
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| 22 | 22 | | regardless of whether the applicant previously attended the |
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| 23 | 23 | | institution without submitting the documentation required for |
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| 24 | 24 | | purposes of this section. |
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| 25 | 25 | | (c) The coordinating board shall adopt rules prescribing |
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| 26 | 26 | | the documentation required for purposes of this section. |
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| 27 | 27 | | SECTION 2. As soon as practicable after the effective date |
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| 28 | 28 | | of this Act, the Texas Higher Education Coordinating Board shall |
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| 29 | 29 | | adopt rules in accordance with Section 51.806, Education Code, as |
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| 30 | 30 | | added by this Act, prescribing the documentation required for a |
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| 31 | 31 | | public institution of higher education to verify that a person |
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| 32 | 32 | | applying for admission is lawfully authorized to be present in the |
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| 33 | 33 | | United States. |
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| 34 | 34 | | SECTION 3. The change in law made by this Act applies |
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| 35 | 35 | | beginning with admission to public institutions of higher education |
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| 36 | 36 | | for the 2010 fall semester. Admission for a semester or session |
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| 37 | 37 | | before the 2010 fall semester is governed by the applicable law in |
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| 38 | 38 | | effect before the effective date of this Act, and that law is |
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| 39 | 39 | | continued in effect for that purpose. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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