Texas 2009 - 81st Regular

Texas House Bill HB418 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2036 KJM-D
2	2	By: Brown of Kaufman H.B. No. 418
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the determination of resident status of students by
8	8	public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 54.052, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
13	13	Subject to the other applicable provisions of this subchapter
14	14	governing the determination of resident status, the following
15	15	persons are considered residents of this state for purposes of this
16	16	title:
17	17	(1) a person who:
18	18	(A) established a domicile in this state not
19	19	later than one year before the census date of the academic term in
20	20	which the person is enrolled in an institution of higher education;
21	21	and
22	22	(B) maintained that domicile continuously for
23	23	the year preceding that census date; and
24	24	(2) a dependent whose parent:
25	25	(A) established a domicile in this state not
26	26	later than one year before the census date of the academic term in
27	27	which the dependent is enrolled in an institution of higher
28	28	education; and
29	29	(B) maintained that domicile continuously for
30	30	the year preceding that census date[; and
31	31	[(3) a person who:
32	32	[(A) graduated from a public or private high
33	33	school in this state or received the equivalent of a high school
34	34	diploma in this state; and
35	35	[(B) maintained a residence continuously in this
36	36	state for:
37	37	[(i) the three years preceding the date of
38	38	graduation or receipt of the diploma equivalent, as applicable; and
39	39	[(ii) the year preceding the census date of
40	40	the academic term in which the person is enrolled in an institution
41	41	of higher education].
42	42	(b) For purposes of this section, the domicile of a
43	43	dependent's parent is presumed to be the domicile of the dependent
44	44	[unless the person establishes eligibility for resident status
45	45	under Subsection (a)(3)].
46	46	SECTION 2. Section 54.053, Education Code, is amended to
47	47	read as follows:
48	48	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
49	49	STATUS. A person shall submit the following information to an
50	50	institution of higher education to establish resident status under
51	51	this subchapter:
52	52	(1) if the person applies for resident status under
53	53	Section 54.052(a)(1):
54	54	(A) a statement of the dates and length of time
55	55	the person has resided in this state, as relevant to establish
56	56	resident status under this subchapter; and
57	57	(B) a statement by the person that the person's
58	58	presence in this state for that period was for a purpose of
59	59	establishing and maintaining a domicile; or
60	60	(2) if the person applies for resident status under
61	61	Section 54.052(a)(2):
62	62	(A) a statement of the dates and length of time
63	63	any parent of the person has resided in this state, as relevant to
64	64	establish resident status under this subchapter; and
65	65	(B) a statement by the parent or, if the parent is
66	66	unable or unwilling to provide the statement, a statement by the
67	67	person that the parent's presence in this state for that period was
68	68	for a purpose of establishing and maintaining a domicile[; or
69	69	[(3) if the person applies for resident status under
70	70	Section 54.052(a)(3):
71	71	[(A) a statement of the dates and length of time
72	72	the person has resided in this state, as relevant to establish
73	73	resident status under this subchapter; and
74	74	[(B) if the person is not a citizen or permanent
75	75	resident of the United States, an affidavit stating that the person
76	76	will apply to become a permanent resident of the United States as
77	77	soon as the person becomes eligible to apply].
78	78	SECTION 3. Notwithstanding Subchapter B, Chapter 54,
79	79	Education Code, a public institution of higher education in this
80	80	state may, for any semester or academic term, before the beginning
81	81	of that semester or academic term, reclassify as a nonresident a
82	82	student classified as a resident of this state by the institution or
83	83	another public institution of higher education in this state under
84	84	Section 54.052(a)(3), Education Code, as that section existed
85	85	before amendment by this Act, if the student is not otherwise
86	86	eligible to be classified as a resident of this state under
87	87	Subchapter B, Chapter 54, Education Code.
88	88	SECTION 4. This Act takes effect September 1, 2009.