81R1839 KEL-D
By: Patrick, Dan S.B. No. 850
A BILL TO BE ENTITLED
AN ACT
relating to information required to establish resident status in
connection with tuition and fees charged 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 by
adding Subsection (c) to read as follows:
(c) A person who is not authorized by law to be present in
the United States may not be considered a resident of this state for
purposes of this title.
SECTION 2. Section 54.053, Education Code, is amended to
read as follows:
Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
STATUS. (a) 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;
(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)(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.
(b) In addition to submitting the information required
under Subsection (a), to establish resident status under this
subchapter, a person shall submit the documentation required by
Texas Higher Education Coordinating Board rule to verify that the
person is authorized by law to be present in the United States. The
coordinating board shall adopt rules prescribing the documentation
required for purposes of this subsection.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Higher Education Coordinating Board shall
adopt rules in accordance with Section 54.053, Education Code, as
amended by this Act, prescribing the documentation required for a
public institution of higher education to verify that a person
applying for resident status is authorized by law to be present in
the United States. The coordinating board may adopt the initial
rules in the manner provided by law for emergency rules.
SECTION 4. The changes in law made by this Act apply
beginning with resident status at public institutions of higher
education for the 2009 fall semester. Resident status for a
semester or session before the 2009 fall semester is governed by the
applicable law in effect before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 5. 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.