82R9155 KJM-D By: Paxton H.B. No. 3185 A BILL TO BE ENTITLED AN ACT relating to a requirement of lawful presence in the United States for receipt of state educational benefits for use at a public or private institution 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 may not receive 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. (b) The Texas Higher Education Coordinating Board shall adopt rules as necessary to administer this section. SECTION 2. Section 51.954, Education Code, as added by this Act, applies beginning with state educational benefits for the 2011 fall semester. SECTION 3. 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.