Texas 2015 - 84th Regular

Texas Senate Bill SB1819 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Campbell, et al. S.B. No. 1819
2	2	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3	3	first time and referred to Subcommittee on Border Security;
4	4	April 6, 2015, reported adversely, with favorable Committee
5	5	Substitute to Committee on Veteran Affairs and Military
6	6	Installations; April 13, 2015, reported adversely, with favorable
7	7	Committee Substitute by the following vote: Yeas 4, Nays 3;
8	8	April 13, 2015, sent to printer.)
9	9	Click here to see the committee vote
10	10	COMMITTEE SUBSTITUTE FOR S.B. No. 1819 By: Campbell
11	11
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	relating to the determination of resident status of students by
16	16	public institutions of higher education.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. Section 54.052, Education Code, is amended by
19	19	adding Subsection (c) to read as follows:
20	20	(c) Notwithstanding any other provision of this section, a
21	21	person who is not authorized under federal statute to be present in
22	22	the United States may not be considered a resident of this state for
23	23	purposes of this title.
24	24	SECTION 2. Section 54.053, Education Code, is amended to
25	25	read as follows:
26	26	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
27	27	STATUS. (a) A person shall submit the following information to an
28	28	institution of higher education to establish resident status under
29	29	this subchapter:
30	30	(1) if the person applies for resident status under
31	31	Section 54.052(a)(1):
32	32	(A) a statement of the dates and length of time
33	33	the person has resided in this state, as relevant to establish
34	34	resident status under this subchapter; and
35	35	(B) a statement by the person that the person's
36	36	presence in this state for that period was for a purpose of
37	37	establishing and maintaining a domicile;
38	38	(2) if the person applies for resident status under
39	39	Section 54.052(a)(2):
40	40	(A) a statement of the dates and length of time
41	41	any parent of the person has resided in this state, as relevant to
42	42	establish resident status under this subchapter; and
43	43	(B) a statement by the parent or, if the parent is
44	44	unable or unwilling to provide the statement, a statement by the
45	45	person that the parent's presence in this state for that period was
46	46	for a purpose of establishing and maintaining a domicile; or
47	47	(3) if the person applies for resident status under
48	48	Section 54.052(a)(3):
49	49	(A) a statement of the dates and length of time
50	50	the person has resided in this state, as relevant to establish
51	51	resident status under this subchapter; and
52	52	(B) if the person is not a citizen or permanent
53	53	resident of the United States, an affidavit stating that the person
54	54	will apply to become a permanent resident of the United States as
55	55	soon as the person becomes eligible to apply.
56	56	(b) In addition to the information required by Subsection
57	57	(a), an institution of higher education may establish a policy
58	58	requiring a person for whom a residency determination is being made
59	59	to submit specific documentation to verify to the satisfaction of
60	60	the institution that the person is authorized under federal statute
61	61	to be present in the United States. A policy adopted under this
62	62	subsection must provide for treating each person in a consistent
63	63	manner concerning:
64	64	(1) whether documentation is required; and
65	65	(2) to the extent practicable, the type of
66	66	documentation required.
67	67	SECTION 3. Section 54.055, Education Code, is amended by
68	68	adding Subsection (c) to read as follows:
69	69	(c) Notwithstanding Subsection (a), an institution of
70	70	higher education may not, on the basis of Section 54.052(c),
71	71	reclassify as a nonresident of this state a student classified as a
72	72	resident under Section 54.052(a)(3) if, not later than the
73	73	beginning of the 2015-2016 academic year, the student has completed
74	74	at least 30 semester credit hours at an institution of higher
75	75	education.
76	76	SECTION 4. Except as provided by Section 54.055(c),
77	77	Education Code, as added by this Act, a public institution of higher
78	78	education in this state may, for any semester or academic term,
79	79	before the beginning of that semester or academic term, reclassify
80	80	as a nonresident a student previously classified as a resident of
81	81	this state by the institution or another public institution of
82	82	higher education in this state before the enactment of Section
83	83	54.052(c), Education Code, as added by this Act, if the student is
84	84	not authorized by law to be present in the United States.
85	85	SECTION 5. This Act takes effect September 1, 2015.
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