By: Keough H.B. No. 360
A BILL TO BE ENTITLED
AN ACT
Relating to in-state tuition for non-legal residents of Texas and
the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This act may be cited as the Texas Fair Tuition
Act.
SECTION 2. Section 54.052, Education Code, is amended by
adding subsection (4) and 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;
(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.
(4) a person who is claiming resident status for the
purpose of obtaining in-state tuition rates at a institution of
higher learning under subsections (1), (1a), (1
b), (2), (2a),
(2b), (3), (3a), (3b), (i), and (ii) must also show proof of
citizenship or lawful residency, as verifiable by the Systematic
Alien Verification for Entitlements (SAVE) program.
(A) Residents, who are unable to provide
verifiable proof of citizenship or lawful residency are prohibited
from obtaining in-state tuition rates for any semesters until
which time proof or verifiable status can be obtained.
(B) Residents, who are denied in-state tuition
rates, but later have proof showing at the time of admission their
claim for in-state tuition would have been granted are entitled to
a tuition reimbursement up to the difference of tuition paid versus
the current approved in-state tuition rate for the semester in
question.
(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), and subject to verification under Section
54.052 (a)(4):
(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;
(2) if the person applies for resident status under
Section 54.052(a)(2), and subject to verification under Section
54.052 (a)(4).
(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), and subject to verification under Section
52.052 (a)(4):
(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. 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, 2015