Texas 2023 - 88th Regular

Texas House Bill HB3280 Compare Versions

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Version 2 (New)

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1	1	88R9200 MM-F
2	2	By: Leo-Wilson H.B. No. 3280
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enrollment, including resident status and tuition
8	8	rates, of certain persons, including persons not authorized to be
9	9	present in the United States, in public institutions of higher
10	10	education.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 54.052, Education Code, is amended to
13	13	read as follows:
14	14	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
15	15	Subject to the other applicable provisions of this subchapter
16	16	governing the determination of resident status, the following
17	17	persons are considered residents of this state for purposes of this
18	18	title:
19	19	(1) a person who:
20	20	(A) established a domicile in this state not
21	21	later than one year before the census date of the academic term in
22	22	which the person is enrolled in an institution of higher education;
23	23	and
24	24	(B) maintained that domicile continuously for
25	25	the year preceding that census date; and
26	26	(2) a dependent whose parent:
27	27	(A) established a domicile in this state not
28	28	later than one year before the census date of the academic term in
29	29	which the dependent is enrolled in an institution of higher
30	30	education; and
31	31	(B) maintained that domicile continuously for
32	32	the year preceding that census date[; and
33	33	[(3) a person who:
34	34	[(A) graduated from a public or private high
35	35	school in this state or received the equivalent of a high school
36	36	diploma in this state; and
37	37	[(B) maintained a residence continuously in this
38	38	state for:
39	39	[(i) the three years preceding the date of
40	40	graduation or receipt of the diploma equivalent, as applicable; and
41	41	[(ii) the year preceding the census date of
42	42	the academic term in which the person is enrolled in an institution
43	43	of higher education].
44	44	(b) For purposes of this section, the domicile of a
45	45	dependent's parent is presumed to be the domicile of the dependent
46	46	[unless the person establishes eligibility for resident status
47	47	under Subsection (a)(3)].
48	48	(c) A person who is not authorized under federal statute to
49	49	be present in the United States may not be considered a resident of
50	50	this state for purposes of this title.
51	51	SECTION 2. Section 54.053, Education Code, is amended to
52	52	read as follows:
53	53	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
54	54	STATUS. A person shall submit the following information to an
55	55	institution of higher education to establish resident status under
56	56	this subchapter:
57	57	(1) if the person applies for resident status under
58	58	Section 54.052(a)(1):
59	59	(A) a statement of the dates and length of time
60	60	the person has resided in this state, as relevant to establish
61	61	resident status under this subchapter; and
62	62	(B) a statement by the person that the person's
63	63	presence in this state for that period was for a purpose of
64	64	establishing and maintaining a domicile; or
65	65	(2) if the person applies for resident status under
66	66	Section 54.052(a)(2):
67	67	(A) a statement of the dates and length of time
68	68	any parent of the person has resided in this state, as relevant to
69	69	establish resident status under this subchapter; and
70	70	(B) a statement by the parent or, if the parent is
71	71	unable or unwilling to provide the statement, a statement by the
72	72	person that the parent's presence in this state for that period was
73	73	for a purpose of establishing and maintaining a domicile[; or
74	74	[(3) if the person applies for resident status under
75	75	Section 54.052(a)(3):
76	76	[(A) a statement of the dates and length of time
77	77	the person has resided in this state, as relevant to establish
78	78	resident status under this subchapter; and
79	79	[(B) if the person is not a citizen or permanent
80	80	resident of the United States, an affidavit stating that the person
81	81	will apply to become a permanent resident of the United States as
82	82	soon as the person becomes eligible to apply].
83	83	SECTION 3. Section 54.055(a), Education Code, is amended to
84	84	read as follows:
85	85	(a) On the basis of additional or changed information, an
86	86	institution of higher education shall [may] reclassify as a
87	87	resident or nonresident of this state under this subchapter a
88	88	person who has previously been erroneously classified as a resident
89	89	or nonresident under this subchapter.
90	90	SECTION 4. Section 54.056, Education Code, is amended by
91	91	amending Subsection (a) and adding Subsection (c) to read as
92	92	follows:
93	93	(a) If an institution of higher education erroneously
94	94	classifies a person as a resident of this state and the person is
95	95	not entitled or permitted to pay resident tuition under this
96	96	subchapter, the institution of higher education shall charge
97	97	nonresident tuition to the person beginning with the first academic
98	98	term that begins after the date the institution discovers the
99	99	error. Not earlier than the first day of that term, regardless of
100	100	whether the person is still enrolled at the institution, the
101	101	institution shall [may] request the person to pay the difference
102	102	between resident and nonresident tuition for an earlier term as
103	103	permitted by Section 54.057. For nonpayment of the amount owed, the
104	104	institution may impose sanctions only as provided by that section.
105	105	The institution may not require payment as a condition for any
106	106	subsequent enrollment by the person in the institution.
107	107	(c) If in determining the classification of a person as a
108	108	resident of this state, an institution of higher education learns
109	109	that a student enrolled at the institution is a person who is not
110	110	authorized under federal statute to be present in the United
111	111	States, the institution shall immediately notify the institution's
112	112	campus police department or appropriate local law enforcement
113	113	agency regarding that information.
114	114	SECTION 5. Sections 54.057(a) and (b), Education Code, are
115	115	amended to read as follows:
116	116	(a) The following persons are liable to the institution of
117	117	higher education the person attends for the difference between
118	118	resident and nonresident tuition for each academic term in which
119	119	the person pays resident tuition to the institution as the result of
120	120	an erroneous classification or other misclassification under this
121	121	subchapter:
122	122	(1) a person who, in a timely manner after the
123	123	information becomes available or on request by the institution of
124	124	higher education, fails to provide to the institution information
125	125	that the person reasonably should know would be relevant to an
126	126	accurate classification by the institution under this subchapter;
127	127	[or]
128	128	(2) a person who provides false information to the
129	129	institution that the person reasonably should know could lead to an
130	130	erroneous classification by the institution under this subchapter;
131	131	or
132	132	(3) a person who is not authorized under federal
133	133	statute to be present in the United States.
134	134	(b) A [The] person who is liable under this section for the
135	135	difference between resident and nonresident tuition shall pay the
136	136	applicable amount to the institution not later than the 30th day
137	137	after the date the person is notified of the person's liability for
138	138	the amount owed. After receiving the notice and until the amount is
139	139	paid in full, the person is not entitled to receive from the
140	140	institution a certificate or diploma, if not yet awarded on the date
141	141	of the notice, or official transcript that is based at least
142	142	partially on or includes credit for courses taken while the person
143	143	was erroneously classified as a resident of this state.
144	144	SECTION 6. Section 54.0601, Education Code, is amended to
145	145	read as follows:
146	146	Sec. 54.0601. NONRESIDENT TUITION RATES AT CERTAIN
147	147	INSTITUTIONS. (a) On the written request of the governing board of
148	148	a general academic teaching institution located not more than 100
149	149	miles from the boundary of this state with another state, the Texas
150	150	Higher Education Coordinating Board may set a nonresident tuition
151	151	rate that is lower than the nonresident tuition rate otherwise
152	152	provided by this chapter if the coordinating board determines that
153	153	the lower rate is in the best interest of the institution and will
154	154	not cause unreasonable harm to any other institution of higher
155	155	education.
156	156	(b) A person who is not authorized under federal statute to
157	157	be present in the United States is not eligible for the nonresident
158	158	tuition rate authorized by Subsection (a).
159	159	SECTION 7. Notwithstanding Subchapter B, Chapter 54,
160	160	Education Code, a public institution of higher education in this
161	161	state may, for any semester or academic term, before the beginning
162	162	of that semester or academic term, reclassify as a nonresident a
163	163	student previously classified as a resident of this state by the
164	164	institution or another public institution of higher education in
165	165	this state:
166	166	(1) under Section 54.052(a)(3), Education Code, as
167	167	that section existed before amendment by this Act, if the student is
168	168	not otherwise eligible to be classified as a resident of this state
169	169	under Subchapter B, Chapter 54, Education Code; or
170	170	(2) before the enactment of Section 54.052(c),
171	171	Education Code, as added by this Act, if the student is not
172	172	authorized under federal statute to be present in the United
173	173	States.
174	174	SECTION 8. This Act applies beginning with tuition charged
175	175	by a public institution of higher education for the 2023 fall
176	176	semester. Tuition charged by a public institution of higher
177	177	education for an academic period before that semester is governed
178	178	by the law in effect immediately before the effective date of this
179	179	Act, and that law is continued in effect for that purpose.
180	180	SECTION 9. This Act takes effect immediately if it receives
181	181	a vote of two-thirds of all the members elected to each house, as
182	182	provided by Section 39, Article III, Texas Constitution. If this
183	183	Act does not receive the vote necessary for immediate effect, this
184	184	Act takes effect September 1, 2023.