Texas 2009 - 81st Regular

Texas House Bill HB4482 Compare Versions

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

Old	New	Differences
1	1	81R319 CAS-F
2	2	By: Howard of Fort Bend H.B. No. 4482
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a requirement of lawful presence in the United States
8	8	for receipt of state educational benefits and to the determination
9	9	of resident status of students by public institutions of higher
10	10	education.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
13	13	amended by adding Section 51.954 to read as follows:
14	14	Sec. 51.954. STATE EDUCATIONAL BENEFITS: LAWFUL PRESENCE
15	15	IN UNITED STATES REQUIRED. (a) Notwithstanding any other
16	16	provision of this title, except as authorized under Sections 54.052
17	17	and 54.053, a person who is not lawfully authorized to be present in
18	18	the United States is not considered to be a resident of this state
19	19	for purposes of:
20	20	(1) receiving from this state an educational benefit,
21	21	including a scholarship or other financial aid, for use in
22	22	attending a public or private institution of higher education; or
23	23	(2) determining the amount of tuition or fees charged
24	24	to the person by a public institution of higher education.
25	25	(b) The Texas Higher Education Coordinating Board shall
26	26	adopt rules as necessary to administer this section.
27	27	SECTION 2. Section 54.052, Education Code, is amended to
28	28	read as follows:
29	29	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
30	30	Subject to the other applicable provisions of this subchapter
31	31	governing the determination of resident status, the following
32	32	persons are considered residents of this state for purposes of this
33	33	title:
34	34	(1) a person who:
35	35	(A) established a domicile in this state not
36	36	later than one year before the census date of the academic term in
37	37	which the person is enrolled in an institution of higher education;
38	38	and
39	39	(B) maintained that domicile continuously for
40	40	the year preceding that census date; and
41	41	(2) a dependent whose parent:
42	42	(A) established a domicile in this state not
43	43	later than one year before the census date of the academic term in
44	44	which the dependent is enrolled in an institution of higher
45	45	education; and
46	46	(B) maintained that domicile continuously for
47	47	the year preceding that census date.
48	48	(a-1) The Texas Higher Education Coordinating Board may
49	49	adopt rules as the board considers appropriate under which a person
50	50	who enrolls as a first-time freshman in an institution of higher
51	51	education after the 2008-2009 academic year is considered to be a
52	52	resident of this state for purposes of this title if the person:
53	53	(1) graduated from a public or private high school in
54	54	this state;
55	55	(2) attended a public or private high school in this
56	56	state for the two school years, or the equivalent number of
57	57	semesters if the person did not graduate at the end of a school
58	58	year, preceding the date of graduation;
59	59	(3) maintained a residence continuously in this state
60	60	for:
61	61	(A) the period prescribed by Subdivision (2); and
62	62	(B) the year preceding the census date of the
63	63	academic term in which the person is enrolled in an institution of
64	64	higher education; and
65	65	(4) is a dependent and maintained that residence
66	66	continuously with a parent of the person for the period prescribed
67	67	by Subdivision (2).
68	68	(a-2) Subject to the other applicable provisions of this
69	69	subchapter governing the determination of resident status, [; and
70	70	[(3)] a person who enrolled as a first-time freshman
71	71	in an institution of higher education before the 2009-2010 academic
72	72	year is considered to be a resident of this state for purposes of
73	73	this title if the person:
74	74	(1) [(A)] graduated from a public or private high
75	75	school in this state or received the equivalent of a high school
76	76	diploma in this state; and
77	77	(2) [(B)] maintained a residence continuously in this
78	78	state for:
79	79	(A) [(i)] the three years preceding the date of
80	80	graduation or receipt of the diploma equivalent, as applicable; and
81	81	(B) [(ii)] the year preceding the census date of
82	82	the academic term in which the person is enrolled in an institution
83	83	of higher education.
84	84	(b) For purposes of this section, the domicile of a
85	85	dependent's parent is presumed to be the domicile of the dependent
86	86	unless the person establishes eligibility for resident status under
87	87	Subsection (a-1) or (a-2) [(a)(3)].
88	88	SECTION 3. Section 54.053, Education Code, is amended to
89	89	read as follows:
90	90	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
91	91	STATUS; EFFECT OF STATUS ON ELIGIBILITY FOR STATE FINANCIAL
92	92	AID. (a) A person must [shall] submit the following information
93	93	to an institution of higher education to establish resident status
94	94	under this subchapter:
95	95	(1) if the person applies for resident status under
96	96	Section 54.052(a)(1):
97	97	(A) a statement of the dates and length of time
98	98	the person has resided in this state, as relevant to establish
99	99	resident status under this subchapter; and
100	100	(B) a statement by the person that the person's
101	101	presence in this state for that period was for a purpose of
102	102	establishing and maintaining a domicile;
103	103	(2) if the person applies for resident status under
104	104	Section 54.052(a)(2):
105	105	(A) a statement of the dates and length of time
106	106	any parent of the person has resided in this state, as relevant to
107	107	establish resident status under this subchapter; and
108	108	(B) a statement by the parent or, if the parent is
109	109	unable or unwilling to provide the statement, a statement by the
110	110	person that the parent's presence in this state for that period was
111	111	for a purpose of establishing and maintaining a domicile; or
112	112	(3) if the person applies for resident status under
113	113	Section 54.052(a-1) or (a-2) [(a)(3)]:
114	114	(A) a statement of the dates and length of time
115	115	the person has resided in this state, as relevant to establish
116	116	resident status under this subchapter; [and]
117	117	(B) if the person is a dependent, a statement of
118	118	the dates and length of time the person has resided in this state
119	119	with a parent of the person, as relevant to establish resident
120	120	status under this subchapter; and
121	121	(C) except as permitted by Subsection (b),
122	122	appropriate documentation that the person:
123	123	(i) is a citizen of the United States or is
124	124	otherwise lawfully authorized to be present in the United States;
125	125	or
126	126	(ii) has filed an application or petition
127	127	with the United States Citizenship and Immigration Services to
128	128	legalize the person's immigration status.
129	129	(b) A person may substitute for the documentation required
130	130	by Subsection (a)(3)(C) [not a citizen or permanent resident of the
131	131	United States,] an affidavit stating that the person will apply or
132	132	petition to legalize the person's immigration status when [become a
133	133	permanent resident of the United States as soon as] the person
134	134	becomes eligible to so apply or petition and that the person
135	135	understands that for the purposes of this subsection the person
136	136	must apply or petition on or before:
137	137	(1) the first anniversary of the date of the person's
138	138	enrollment at the institution if a formal process exists for the
139	139	person to apply or petition to legalize immigration status without
140	140	risk of deportation; or
141	141	(2) the first anniversary of the date the United
142	142	States Citizenship and Immigration Services provides such a process
143	143	if Subdivision (1) does not apply to the person when the person
144	144	applies for resident status.
145	145	(c) To retain resident status established in accordance
146	146	with rules adopted under Section 54.052(a-1), a person who files an
147	147	affidavit as permitted by Subsection (b) must submit to the
148	148	institution of higher education, not later than the 30th day after
149	149	the federal application or petition is filed, appropriate
150	150	documentation that the person has timely filed an application or
151	151	petition with the United States Citizenship and Immigration
152	152	Services to legalize the person's immigration status.
153	153	(d) An institution of higher education shall maintain in a
154	154	person's student records a copy of each document submitted by the
155	155	person under this section.
156	156	(e) A person is not prohibited by Section 51.954 from
157	157	receiving state financial aid, including a scholarship, if the
158	158	person:
159	159	(1) is considered to be a resident of this state under
160	160	Section 54.052; and
161	161	(2) submits the appropriate documentation required by
162	162	Subsection (a)(3)(C)(i) or (ii).
163	163	SECTION 4. The Texas Higher Education Coordinating Board
164	164	shall adopt any rules necessary under Section 51.954, Education
165	165	Code, as added by this Act, relating to requiring lawful presence in
166	166	the United States as a condition for receiving state educational
167	167	benefits and paying tuition and fees at resident rates, and any
168	168	rules necessary to carry out the purposes of Sections 54.052 and
169	169	54.053, Education Code, as amended by this Act, relating to the
170	170	establishment of resident status, as soon as practicable after this
171	171	Act takes effect. For that purpose, the coordinating board may
172	172	adopt the initial rules in the manner provided by law for emergency
173	173	rules.
174	174	SECTION 5. Section 51.954, Education Code, as added by this
175	175	Act, applies beginning with state educational benefits and tuition
176	176	and fee rates for the 2009 fall semester.
177	177	SECTION 6. This Act takes effect immediately if it receives
178	178	a vote of two-thirds of all the members elected to each house, as
179	179	provided by Section 39, Article III, Texas Constitution. If this
180	180	Act does not receive the vote necessary for immediate effect, this
181	181	Act takes effect September 1, 2009.