81R11460 KEL-F
By: Zaffirini S.B. No. 2259
A BILL TO BE ENTITLED
AN ACT
relating 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. 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) except as provided by Subsections (c) and (d), 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;
(2) except as provided by Subsections (c) and (d), 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; and
(3) a person who:
(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
(B) maintained a residence continuously in this
state for:
(i) the three years preceding the date of
graduation or receipt of the diploma equivalent, as applicable; and
(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, except as provided by
Subsections (c) and (d), 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)(3).
(c) A person who, when not a resident of this state, moves to
this state and establishes a residence in this state primarily to
enroll at an institution of higher education is presumed not to have
established a domicile in this state, regardless of whether the
person is a dependent of a parent with domicile in this state when
the person moves to this state.
(d) A person described by Subsection (c) may rebut the
presumption under Subsection (c) by establishing that the person,
or a parent of the person with domicile in this state and of whom the
person is a dependent:
(1) purchased real property in this state not later
than one year before the census date of the academic term for which
the person claims status as a resident of this state;
(2) for a period of at least one year before the census
date of the academic term for which the person claims status as a
resident of this state:
(A) was gainfully employed in this state, other
than by a public or private institution of higher education in this
state in a position requiring enrollment at that institution or at
another public or private institution of higher education in this
state;
(B) had an ownership interest in a business or
other commercial enterprise in this state;
(C) held a state or local license to conduct a
business or practice a profession in this state; or
(D) received services as a homeless person from a
social service agency that provides services to such persons in
this state; or
(3) engaged in any other conduct or activity the
coordinating board determines by rule indicates a bona fide
domicile in this state.
SECTION 2. Section 54.053, Education Code, is amended to
read as follows:
Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
STATUS. A person 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 in this state; and
(C) if appropriate, evidence sufficient under
Section 54.052(d) to rebut the presumption under Section 54.052(c)
that the person has not established a domicile in this state;
(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 in this
state; and
(C) if appropriate, evidence sufficient under
Section 54.052(d) to rebut the presumption under Section 54.052(c)
that the person has not established a domicile in this state; or
(3) if the person applies for resident status under
Section 54.052(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 not a citizen or permanent
resident of the United States, an affidavit stating that the person
will apply to become a permanent resident of the United States as
soon as the person becomes eligible to apply.
SECTION 3. Notwithstanding Subchapter B, Chapter 54,
Education Code, a public institution of higher education in this
state may, for any semester or academic term, before the beginning
of that semester or academic term, reclassify as a nonresident a
student classified as a resident of this state by the institution or
another public institution of higher education in this state under
Section 54.052(a), Education Code, as that section existed before
amendment by this Act, if the student is not otherwise eligible to
be classified as a resident of this state under Subchapter B,
Chapter 54, Education Code.
SECTION 4. This Act takes effect September 1, 2009.