81R319 CAS-F
By: Howard of Fort Bend H.B. No. 4482
A BILL TO BE ENTITLED
AN ACT
relating to a requirement of lawful presence in the United States
for receipt of state educational benefits and to the determination
of resident status of students by public institutions of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.954 to read as follows:
Sec. 51.954. STATE EDUCATIONAL BENEFITS: LAWFUL PRESENCE
IN UNITED STATES REQUIRED. (a) Notwithstanding any other
provision of this title, except as authorized under Sections 54.052
and 54.053, a person who is not lawfully authorized to be present in
the United States is not considered to be a resident of this state
for purposes of:
(1) receiving from this state an educational benefit,
including a scholarship or other financial aid, for use in
attending a public or private institution of higher education; or
(2) determining the amount of tuition or fees charged
to the person by a public institution of higher education.
(b) The Texas Higher Education Coordinating Board shall
adopt rules as necessary to administer this section.
SECTION 2. Section 54.052, Education Code, is amended to
read as follows:
Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
Subject to the other applicable provisions of this subchapter
governing the determination of resident status, the following
persons are considered residents of this state for purposes of this
title:
(1) a person who:
(A) established a domicile in this state not
later than one year before the census date of the academic term in
which the person is enrolled in an institution of higher education;
and
(B) maintained that domicile continuously for
the year preceding that census date; and
(2) a dependent whose parent:
(A) established a domicile in this state not
later than one year before the census date of the academic term in
which the dependent is enrolled in an institution of higher
education; and
(B) maintained that domicile continuously for
the year preceding that census date.
(a-1) The Texas Higher Education Coordinating Board may
adopt rules as the board considers appropriate under which a person
who enrolls as a first-time freshman in an institution of higher
education after the 2008-2009 academic year is considered to be a
resident of this state for purposes of this title if the person:
(1) graduated from a public or private high school in
this state;
(2) attended a public or private high school in this
state for the two school years, or the equivalent number of
semesters if the person did not graduate at the end of a school
year, preceding the date of graduation;
(3) maintained a residence continuously in this state
for:
(A) the period prescribed by Subdivision (2); and
(B) the year preceding the census date of the
academic term in which the person is enrolled in an institution of
higher education; and
(4) is a dependent and maintained that residence
continuously with a parent of the person for the period prescribed
by Subdivision (2).
(a-2) Subject to the other applicable provisions of this
subchapter governing the determination of resident status, [; and
[(3)] a person who enrolled as a first-time freshman
in an institution of higher education before the 2009-2010 academic
year is considered to be a resident of this state for purposes of
this title if the person:
(1) [(A)] graduated from a public or private high
school in this state or received the equivalent of a high school
diploma in this state; and
(2) [(B)] maintained a residence continuously in this
state for:
(A) [(i)] the three years preceding the date of
graduation or receipt of the diploma equivalent, as applicable; and
(B) [(ii)] the year preceding the census date of
the academic term in which the person is enrolled in an institution
of higher education.
(b) For purposes of this section, the domicile of a
dependent's parent is presumed to be the domicile of the dependent
unless the person establishes eligibility for resident status under
Subsection (a-1) or (a-2) [(a)(3)].
SECTION 3. Section 54.053, Education Code, is amended to
read as follows:
Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
STATUS; EFFECT OF STATUS ON ELIGIBILITY FOR STATE FINANCIAL
AID. (a) A person must [shall] submit the following information
to an institution of higher education to establish resident status
under this subchapter:
(1) if the person applies for resident status under
Section 54.052(a)(1):
(A) a statement of the dates and length of time
the person has resided in this state, as relevant to establish
resident status under this subchapter; and
(B) a statement by the person that the person's
presence in this state for that period was for a purpose of
establishing and maintaining a domicile;
(2) if the person applies for resident status under
Section 54.052(a)(2):
(A) a statement of the dates and length of time
any parent of the person has resided in this state, as relevant to
establish resident status under this subchapter; and
(B) a statement by the parent or, if the parent is
unable or unwilling to provide the statement, a statement by the
person that the parent's presence in this state for that period was
for a purpose of establishing and maintaining a domicile; or
(3) if the person applies for resident status under
Section 54.052(a-1) or (a-2) [(a)(3)]:
(A) a statement of the dates and length of time
the person has resided in this state, as relevant to establish
resident status under this subchapter; [and]
(B) if the person is a dependent, a statement of
the dates and length of time the person has resided in this state
with a parent of the person, as relevant to establish resident
status under this subchapter; and
(C) except as permitted by Subsection (b),
appropriate documentation that the person:
(i) is a citizen of the United States or is
otherwise lawfully authorized to be present in the United States;
or
(ii) has filed an application or petition
with the United States Citizenship and Immigration Services to
legalize the person's immigration status.
(b) A person may substitute for the documentation required
by Subsection (a)(3)(C) [not a citizen or permanent resident of the
United States,] an affidavit stating that the person will apply or
petition to legalize the person's immigration status when [become a
permanent resident of the United States as soon as] the person
becomes eligible to so apply or petition and that the person
understands that for the purposes of this subsection the person
must apply or petition on or before:
(1) the first anniversary of the date of the person's
enrollment at the institution if a formal process exists for the
person to apply or petition to legalize immigration status without
risk of deportation; or
(2) the first anniversary of the date the United
States Citizenship and Immigration Services provides such a process
if Subdivision (1) does not apply to the person when the person
applies for resident status.
(c) To retain resident status established in accordance
with rules adopted under Section 54.052(a-1), a person who files an
affidavit as permitted by Subsection (b) must submit to the
institution of higher education, not later than the 30th day after
the federal application or petition is filed, appropriate
documentation that the person has timely filed an application or
petition with the United States Citizenship and Immigration
Services to legalize the person's immigration status.
(d) An institution of higher education shall maintain in a
person's student records a copy of each document submitted by the
person under this section.
(e) A person is not prohibited by Section 51.954 from
receiving state financial aid, including a scholarship, if the
person:
(1) is considered to be a resident of this state under
Section 54.052; and
(2) submits the appropriate documentation required by
Subsection (a)(3)(C)(i) or (ii).
SECTION 4. The Texas Higher Education Coordinating Board
shall adopt any rules necessary under Section 51.954, Education
Code, as added by this Act, relating to requiring lawful presence in
the United States as a condition for receiving state educational
benefits and paying tuition and fees at resident rates, and any
rules necessary to carry out the purposes of Sections 54.052 and
54.053, Education Code, as amended by this Act, relating to the
establishment of resident status, as soon as practicable after this
Act takes effect. For that purpose, the coordinating board may
adopt the initial rules in the manner provided by law for emergency
rules.
SECTION 5. Section 51.954, Education Code, as added by this
Act, applies beginning with state educational benefits and tuition
and fee rates for the 2009 fall semester.
SECTION 6. 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.