Texas 2015 - 84th Regular

Texas House Bill HB360 Compare Versions

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

Old	New	Differences
1	1	By: Keough H.B. No. 360
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	Relating to in-state tuition for non-legal residents of Texas and
7	7	the United States.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This act may be cited as the Texas Fair Tuition
10	10	Act.
11	11	SECTION 2. Section 54.052, Education Code, is amended by
12	12	adding subsection (4) and to read as follows:
13	13	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) Subject
14	14	to the other applicable provisions of this subchapter governing the
15	15	determination of resident status, the following persons are
16	16	considered residents of this state for purposes of this title:
17	17	(1) a person who:
18	18	(A) established a domicile in this state not
19	19	later than one year before the census date of the academic term in
20	20	which the person is enrolled in an institution of higher education;
21	21	and
22	22	(B) maintained that domicile continuously for
23	23	the year preceding that census date;
24	24	(2) a dependent whose parent:
25	25	(A) established a domicile in this state not
26	26	later than one year before the census date of the academic term in
27	27	which the dependent is enrolled in an institution of higher
28	28	education; and
29	29	(B) maintained that domicile continuously for
30	30	the year preceding that census date; and
31	31	(3) a person who:
32	32	(A) graduated from a public or private high
33	33	school in this state or received the equivalent of a high school
34	34	diploma in this state; and
35	35	(B) maintained a residence continuously in this
36	36	state for:
37	37	(i) the three years preceding the date of
38	38	graduation or receipt of the diploma equivalent, as applicable; and
39	39	(ii) the year preceding the census date of
40	40	the academic term in which the person is enrolled in an institution
41	41	of higher education.
42	42	(4) a person who is claiming resident status for the
43	43	purpose of obtaining in-state tuition rates at a institution of
44	44	higher learning under subsections (1), (1a), (1
45	45	b), (2), (2a),
46	46	(2b), (3), (3a), (3b), (i), and (ii) must also show proof of
47	47	citizenship or lawful residency, as verifiable by the Systematic
48	48	Alien Verification for Entitlements (SAVE) program.
49	49	(A) Residents, who are unable to provide
50	50	verifiable proof of citizenship or lawful residency are prohibited
51	51	from obtaining in-state tuition rates for any semesters until
52	52	which time proof or verifiable status can be obtained.
53	53	(B) Residents, who are denied in-state tuition
54	54	rates, but later have proof showing at the time of admission their
55	55	claim for in-state tuition would have been granted are entitled to
56	56	a tuition reimbursement up to the difference of tuition paid versus
57	57	the current approved in-state tuition rate for the semester in
58	58	question.
59	59	(b) For purposes of this section, the domicile of a
60	60	dependent's parent is presumed to be the domicile of the dependent
61	61	[unless the person establishes eligibility for resident status
62	62	under Subsection (a)(3).]
63	63	SECTION 3. Section 54.053, Education Code, is amended to
64	64	read as follows:
65	65	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
66	66	STATUS. A person shall submit the following information to an
67	67	institution of higher education to establish resident status under
68	68	this subchapter:
69	69	(1) if the person applies for resident status under
70	70	Section 54.052(a)(1), and subject to verification under Section
71	71	54.052 (a)(4):
72	72	(A) a statement of the dates and length of time
73	73	the person has resided in this state, as relevant to establish
74	74	resident status under this subchapter; and
75	75	(B) a statement by the person that the person's
76	76	presence in this state for that period was for a purpose of
77	77	establishing and maintaining a domicile;
78	78	(2) if the person applies for resident status under
79	79	Section 54.052(a)(2), and subject to verification under Section
80	80	54.052 (a)(4).
81	81	(A) a statement of the dates and length of time
82	82	any parent of the person has resided in this state, as relevant to
83	83	establish resident status under this subchapter; and
84	84	(B) a statement by the parent or, if the parent is
85	85	unable or unwilling to provide the statement, a statement by the
86	86	person that the parent's presence in this state for that period was
87	87	for a purpose of establishing and maintaining a domicile; or
88	88	(3) if the person applies for resident status under
89	89	Section 54.052(a)(3), and subject to verification under Section
90	90	52.052 (a)(4):
91	91	(A) a statement of the dates and length of time
92	92	the person has resided in this state, as relevant to establish
93	93	resident status under this subchapter; and
94	94	[(B) if the person is not a citizen or permanent
95	95	resident of the United States, an affidavit stating that the person
96	96	will apply to become a permanent resident of the United States as
97	97	soon as the person becomes eligible to apply.]
98	98	SECTION 4. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect September 1, 2015