82R6945 KJM-D
By: Cain H.B. No. 1387
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, a person who is not authorized by law 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[; 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, 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)].
SECTION 3. 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; or
(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].
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 authorization by
law to be present in the United States as a condition for receiving
state educational benefits and paying tuition and fees at resident
rates 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 2011 fall semester.
SECTION 6. 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)(3), 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 7. 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, 2011.