By: Campbell, et al. S.B. No. 1819
(In the Senate - Filed March 13, 2015; March 25, 2015, read
first time and referred to Subcommittee on Border Security;
April 6, 2015, reported adversely, with favorable Committee
Substitute to Committee on Veteran Affairs and Military
Installations; April 13, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 3;
April 13, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1819 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to the determination of resident status of students by
public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.052, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding any other provision of this section, a
person who is not authorized under federal statute to be present in
the United States may not be considered a resident of this state for
purposes of this title.
SECTION 2. Section 54.053, Education Code, is amended to
read as follows:
Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
STATUS. (a) 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):
(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):
(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):
(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.
(b) In addition to the information required by Subsection
(a), an institution of higher education may establish a policy
requiring a person for whom a residency determination is being made
to submit specific documentation to verify to the satisfaction of
the institution that the person is authorized under federal statute
to be present in the United States. A policy adopted under this
subsection must provide for treating each person in a consistent
manner concerning:
(1) whether documentation is required; and
(2) to the extent practicable, the type of
documentation required.
SECTION 3. Section 54.055, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (a), an institution of
higher education may not, on the basis of Section 54.052(c),
reclassify as a nonresident of this state a student classified as a
resident under Section 54.052(a)(3) if, not later than the
beginning of the 2015-2016 academic year, the student has completed
at least 30 semester credit hours at an institution of higher
education.
SECTION 4. Except as provided by Section 54.055(c),
Education Code, as added by this Act, a public institution of higher
education in this state may, for any semester or academic term,
before the beginning of that semester or academic term, reclassify
as a nonresident a student previously classified as a resident of
this state by the institution or another public institution of
higher education in this state before the enactment of Section
54.052(c), Education Code, as added by this Act, if the student is
not authorized by law to be present in the United States.
SECTION 5. This Act takes effect September 1, 2015.
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