Texas 2015 - 84th Regular

Texas House Bill HB3587 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Turner of Collin H.B. No. 3587
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the determination of resident status of students by
7	7	public institutions of higher education.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 54.052, Education Code, is amended to
10	10	read as follows:
11	11	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
12	12	Subject to the other applicable provisions of this subchapter
13	13	governing the determination of resident status, the following
14	14	persons are considered residents of this state for purposes of this
15	15	title:
16	16	(1) a person who:
17	17	(A) established a domicile in this state not
18	18	later than one year before the census date of the academic term in
19	19	which the person is enrolled in an institution of higher education;
20	20	and
21	21	(B) maintained that domicile continuously for
22	22	the year preceding that census date; and
23	23	(2) a dependent whose parent:
24	24	(A) established a domicile in this state not
25	25	later than one year before the census date of the academic term in
26	26	which the dependent is enrolled in an institution of higher
27	27	education; and
28	28	(B) maintained that domicile continuously for
29	29	the year preceding that census date[; and
30	30	[(3) a person who:
31	31	[(A) graduated from a public or private high
32	32	school in this state or received the equivalent of a high school
33	33	diploma in this state; and
34	34	[(B) maintained a residence continuously in this
35	35	state for:
36	36	[(i) the three years preceding the date of
37	37	graduation or receipt of the diploma equivalent, as applicable; and
38	38	[(ii) the year preceding the census date of
39	39	the academic term in which the person is enrolled in an institution
40	40	of higher education].
41	41	(b) For purposes of this section, the domicile of a
42	42	dependent's parent is presumed to be the domicile of the dependent
43	43	[unless the person establishes eligibility for resident status
44	44	under Subsection (a)(3)].
45	45	(c) A person who is not authorized under federal statute to
46	46	be present in the United States may not be considered a resident of
47	47	this state for purposes of this title.
48	48	SECTION 2. Section 54.053, Education Code, is amended to
49	49	read as follows:
50	50	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
51	51	STATUS. (a) A person shall submit the following information to an
52	52	institution of higher education to establish resident status under
53	53	this subchapter:
54	54	(1) if the person applies for resident status under
55	55	Section 54.052(a)(1):
56	56	(A) a statement of the dates and length of time
57	57	the person has resided in this state, as relevant to establish
58	58	resident status under this subchapter; and
59	59	(B) a statement by the person that the person's
60	60	presence in this state for that period was for a purpose of
61	61	establishing and maintaining a domicile; or
62	62	(2) if the person applies for resident status under
63	63	Section 54.052(a)(2):
64	64	(A) a statement of the dates and length of time
65	65	any parent of the person has resided in this state, as relevant to
66	66	establish resident status under this subchapter; and
67	67	(B) a statement by the parent or, if the parent is
68	68	unable or unwilling to provide the statement, a statement by the
69	69	person that the parent's presence in this state for that period was
70	70	for a purpose of establishing and maintaining a domicile[; or
71	71	[(3) if the person applies for resident status under
72	72	Section 54.052(a)(3):
73	73	[(A) a statement of the dates and length of time
74	74	the person has resided in this state, as relevant to establish
75	75	resident status under this subchapter; and
76	76	[(B) if the person is not a citizen or permanent
77	77	resident of the United States, an affidavit stating that the person
78	78	will apply to become a permanent resident of the United States as
79	79	soon as the person becomes eligible to apply].
80	80	(b) In addition to the information required by Subsection
81	81	(a), an institution of higher education shall require a person for
82	82	whom a residency determination is being made to submit
83	83	documentation specified in Subsection (c) to verify that the person
84	84	is authorized under federal statute to be present in the United
85	85	States.
86	86	(c) If the person for whom a residency determination is
87	87	being made indicates that:
88	88	(1) the person is a citizen of the United States, the
89	89	person must submit to the institution of higher education one of the
90	90	following documents or its replacement:
91	91	(A) a birth certificate issued by:
92	92	(i) an agency of the United States; or
93	93	(ii) a state or territory of the United
94	94	States, or the District of Columbia;
95	95	(B) a Certificate of United States Citizenship;
96	96	(C) a Consular Report of Birth Abroad of a
97	97	Citizen of the United States or Certificate of Report of Birth
98	98	issued by the United States Department of State;
99	99	(D) an unexpired United States passport;
100	100	(E) a Certificate of United States
101	101	Naturalization; or
102	102	(F) a United States Citizen Identification Card;
103	103	or
104	104	(2) the person is not a citizen of the United States,
105	105	the person must submit to the institution of higher education a
106	106	Permanent Resident Card issued by the United States Citizenship and
107	107	Immigration Services.
108	108	SECTION 3. Notwithstanding Subchapter B, Chapter 54,
109	109	Education Code, a public institution of higher education in this
110	110	state may, for any semester or academic term, before the beginning
111	111	of that semester or academic term, reclassify as a nonresident a
112	112	student previously classified as a resident of this state by the
113	113	institution or another public institution of higher education in
114	114	this state:
115	115	(1) under Section 54.052(a)(3), Education Code, as
116	116	that section existed before amendment by this Act, if the student is
117	117	not otherwise eligible to be classified as a resident of this state
118	118	under Subchapter B, Chapter 54, Education Code; or
119	119	(2) before the enactment of Section 54.052(c),
120	120	Education Code, as added by this Act, if the student is not
121	121	authorized by federal law to be present in the United States.
122	122	SECTION 4.
123	123	This Act takes effect September 1, 2015.