88R9200 MM-F
By: Leo-Wilson H.B. No. 3280
A BILL TO BE ENTITLED
AN ACT
relating to the enrollment, including resident status and tuition
rates, of certain persons, including persons not authorized to be
present in the United States, in 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 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; and
(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].
(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)].
(c) 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 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; or
(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].
SECTION 3. Section 54.055(a), Education Code, is amended to
read as follows:
(a) On the basis of additional or changed information, an
institution of higher education shall [may] reclassify as a
resident or nonresident of this state under this subchapter a
person who has previously been erroneously classified as a resident
or nonresident under this subchapter.
SECTION 4. Section 54.056, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) If an institution of higher education erroneously
classifies a person as a resident of this state and the person is
not entitled or permitted to pay resident tuition under this
subchapter, the institution of higher education shall charge
nonresident tuition to the person beginning with the first academic
term that begins after the date the institution discovers the
error. Not earlier than the first day of that term, regardless of
whether the person is still enrolled at the institution, the
institution shall [may] request the person to pay the difference
between resident and nonresident tuition for an earlier term as
permitted by Section 54.057. For nonpayment of the amount owed, the
institution may impose sanctions only as provided by that section.
The institution may not require payment as a condition for any
subsequent enrollment by the person in the institution.
(c) If in determining the classification of a person as a
resident of this state, an institution of higher education learns
that a student enrolled at the institution is a person who is not
authorized under federal statute to be present in the United
States, the institution shall immediately notify the institution's
campus police department or appropriate local law enforcement
agency regarding that information.
SECTION 5. Sections 54.057(a) and (b), Education Code, are
amended to read as follows:
(a) The following persons are liable to the institution of
higher education the person attends for the difference between
resident and nonresident tuition for each academic term in which
the person pays resident tuition to the institution as the result of
an erroneous classification or other misclassification under this
subchapter:
(1) a person who, in a timely manner after the
information becomes available or on request by the institution of
higher education, fails to provide to the institution information
that the person reasonably should know would be relevant to an
accurate classification by the institution under this subchapter;
[or]
(2) a person who provides false information to the
institution that the person reasonably should know could lead to an
erroneous classification by the institution under this subchapter;
or
(3) a person who is not authorized under federal
statute to be present in the United States.
(b) A [The] person who is liable under this section for the
difference between resident and nonresident tuition shall pay the
applicable amount to the institution not later than the 30th day
after the date the person is notified of the person's liability for
the amount owed. After receiving the notice and until the amount is
paid in full, the person is not entitled to receive from the
institution a certificate or diploma, if not yet awarded on the date
of the notice, or official transcript that is based at least
partially on or includes credit for courses taken while the person
was erroneously classified as a resident of this state.
SECTION 6. Section 54.0601, Education Code, is amended to
read as follows:
Sec. 54.0601. NONRESIDENT TUITION RATES AT CERTAIN
INSTITUTIONS. (a) On the written request of the governing board of
a general academic teaching institution located not more than 100
miles from the boundary of this state with another state, the Texas
Higher Education Coordinating Board may set a nonresident tuition
rate that is lower than the nonresident tuition rate otherwise
provided by this chapter if the coordinating board determines that
the lower rate is in the best interest of the institution and will
not cause unreasonable harm to any other institution of higher
education.
(b) A person who is not authorized under federal statute to
be present in the United States is not eligible for the nonresident
tuition rate authorized by Subsection (a).
SECTION 7. Notwithstanding Subchapter B, Chapter 54,
Education Code, 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:
(1) under Section 54.052(a)(3), Education Code, as
that section existed before amendment by this Act, if the student is
not otherwise eligible to be classified as a resident of this state
under Subchapter B, Chapter 54, Education Code; or
(2) before the enactment of Section 54.052(c),
Education Code, as added by this Act, if the student is not
authorized under federal statute to be present in the United
States.
SECTION 8. This Act applies beginning with tuition charged
by a public institution of higher education for the 2023 fall
semester. Tuition charged by a public institution of higher
education for an academic period before that semester is governed
by the law in effect immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 9. 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, 2023.