82R8318 KJM-D
By: Perry H.B. No. 1857
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) 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)].
(c) A person who is not a citizen of 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; 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].
(b) In addition to the information required by Subsection
(a), an institution of higher education shall establish a policy
requiring each person for whom a residency determination is being
made to submit specific documentation to verify to the satisfaction
of the institution that the person is a citizen of the United
States. A policy adopted under this subsection must provide for
treating each person in a consistent manner concerning, to the
extent practicable, the type of documentation required.
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 previously classified as a resident of this state by the
institution or another public institution of higher education in
this state:
(1) 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; or
(2) before the enactment of Section 54.052(c),
Education Code, as added by this Act, if the student is not a
citizen of the United States.
SECTION 4. This Act takes effect September 1, 2011.