88R9408 MM-D
By: Tinderholt H.B. No. 4736
A BILL TO BE ENTITLED
AN ACT
relating to the enrollment, including admission and resident
status, of certain persons by public institutions of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.002(a), Education Code, is amended to
read as follows:
(a) An educational institution undertaking to provide
education, services, or activities to any individual within the
jurisdiction or geographical boundaries of the educational
institution shall provide equal opportunities to all individuals
within its jurisdiction or geographical boundaries pursuant to this
code except as provided by Section 51.8051.
SECTION 2. Subchapter U, Chapter 51, Education Code, is
amended by adding Section 51.8051 to read as follows:
Sec. 51.8051. PROHIBITED ADMISSIONS. Notwithstanding any
other law, an institution of higher education, as defined by
Section 61.003, may not admit an applicant for admission to the
institution as a student if the applicant is:
(1) a citizen of China, Iran, North Korea, or Russia;
or
(2) not authorized under federal statute to be present
in the United States.
SECTION 3. 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 4. 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 5. 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 6. This Act takes effect September 1, 2023.