Texas 2009 - 81st Regular

Texas Senate Bill SB2259 Compare Versions

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

Old	New	Differences
1	1	81R11460 KEL-F
2	2	By: Zaffirini S.B. No. 2259
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.
13	13	(a) 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) except as provided by Subsections (c) and (d), a
18	18	person who:
19	19	(A) established a domicile in this state not
20	20	later than one year before the census date of the academic term in
21	21	which the person is enrolled in an institution of higher education;
22	22	and
23	23	(B) maintained that domicile continuously for
24	24	the year preceding that census date;
25	25	(2) except as provided by Subsections (c) and (d), a
26	26	dependent whose parent:
27	27	(A) established a domicile in this state not
28	28	later than one year before the census date of the academic term in
29	29	which the dependent is enrolled in an institution of higher
30	30	education; and
31	31	(B) maintained that domicile continuously for
32	32	the year preceding that census date; and
33	33	(3) a person who:
34	34	(A) graduated from a public or private high
35	35	school in this state or received the equivalent of a high school
36	36	diploma in this state; and
37	37	(B) maintained a residence continuously in this
38	38	state for:
39	39	(i) the three years preceding the date of
40	40	graduation or receipt of the diploma equivalent, as applicable; and
41	41	(ii) the year preceding the census date of
42	42	the academic term in which the person is enrolled in an institution
43	43	of higher education.
44	44	(b) For purposes of this section, except as provided by
45	45	Subsections (c) and (d), the domicile of a dependent's parent is
46	46	presumed to be the domicile of the dependent unless the person
47	47	establishes eligibility for resident status under Subsection
48	48	(a)(3).
49	49	(c) A person who, when not a resident of this state, moves to
50	50	this state and establishes a residence in this state primarily to
51	51	enroll at an institution of higher education is presumed not to have
52	52	established a domicile in this state, regardless of whether the
53	53	person is a dependent of a parent with domicile in this state when
54	54	the person moves to this state.
55	55	(d) A person described by Subsection (c) may rebut the
56	56	presumption under Subsection (c) by establishing that the person,
57	57	or a parent of the person with domicile in this state and of whom the
58	58	person is a dependent:
59	59	(1) purchased real property in this state not later
60	60	than one year before the census date of the academic term for which
61	61	the person claims status as a resident of this state;
62	62	(2) for a period of at least one year before the census
63	63	date of the academic term for which the person claims status as a
64	64	resident of this state:
65	65	(A) was gainfully employed in this state, other
66	66	than by a public or private institution of higher education in this
67	67	state in a position requiring enrollment at that institution or at
68	68	another public or private institution of higher education in this
69	69	state;
70	70	(B) had an ownership interest in a business or
71	71	other commercial enterprise in this state;
72	72	(C) held a state or local license to conduct a
73	73	business or practice a profession in this state; or
74	74	(D) received services as a homeless person from a
75	75	social service agency that provides services to such persons in
76	76	this state; or
77	77	(3) engaged in any other conduct or activity the
78	78	coordinating board determines by rule indicates a bona fide
79	79	domicile in this state.
80	80	SECTION 2. Section 54.053, Education Code, is amended to
81	81	read as follows:
82	82	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
83	83	STATUS. A person shall submit the following information to an
84	84	institution of higher education to establish resident status under
85	85	this subchapter:
86	86	(1) if the person applies for resident status under
87	87	Section 54.052(a)(1):
88	88	(A) a statement of the dates and length of time
89	89	the person has resided in this state, as relevant to establish
90	90	resident status under this subchapter; [and]
91	91	(B) a statement by the person that the person's
92	92	presence in this state for that period was for a purpose of
93	93	establishing and maintaining a domicile in this state; and
94	94	(C) if appropriate, evidence sufficient under
95	95	Section 54.052(d) to rebut the presumption under Section 54.052(c)
96	96	that the person has not established a domicile in this state;
97	97	(2) if the person applies for resident status under
98	98	Section 54.052(a)(2):
99	99	(A) a statement of the dates and length of time
100	100	any parent of the person has resided in this state, as relevant to
101	101	establish resident status under this subchapter; [and]
102	102	(B) a statement by the parent or, if the parent is
103	103	unable or unwilling to provide the statement, a statement by the
104	104	person that the parent's presence in this state for that period was
105	105	for a purpose of establishing and maintaining a domicile in this
106	106	state; and
107	107	(C) if appropriate, evidence sufficient under
108	108	Section 54.052(d) to rebut the presumption under Section 54.052(c)
109	109	that the person has not established a domicile in this state; or
110	110	(3) if the person applies for resident status under
111	111	Section 54.052(a)(3):
112	112	(A) a statement of the dates and length of time
113	113	the person has resided in this state, as relevant to establish
114	114	resident status under this subchapter; and
115	115	(B) if the person is not a citizen or permanent
116	116	resident of the United States, an affidavit stating that the person
117	117	will apply to become a permanent resident of the United States as
118	118	soon as the person becomes eligible to apply.
119	119	SECTION 3. Notwithstanding Subchapter B, Chapter 54,
120	120	Education Code, a public institution of higher education in this
121	121	state may, for any semester or academic term, before the beginning
122	122	of that semester or academic term, reclassify as a nonresident a
123	123	student classified as a resident of this state by the institution or
124	124	another public institution of higher education in this state under
125	125	Section 54.052(a), Education Code, as that section existed before
126	126	amendment by this Act, if the student is not otherwise eligible to
127	127	be classified as a resident of this state under Subchapter B,
128	128	Chapter 54, Education Code.
129	129	SECTION 4. This Act takes effect September 1, 2009.