Texas 2023 - 88th Regular

Texas House Bill HB4736 Compare Versions

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Version 2 (New)

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1	1	88R9408 MM-D
2	2	By: Tinderholt H.B. No. 4736
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enrollment, including admission and resident
8	8	status, of certain persons by public institutions of higher
9	9	education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1.002(a), Education Code, is amended to
12	12	read as follows:
13	13	(a) An educational institution undertaking to provide
14	14	education, services, or activities to any individual within the
15	15	jurisdiction or geographical boundaries of the educational
16	16	institution shall provide equal opportunities to all individuals
17	17	within its jurisdiction or geographical boundaries pursuant to this
18	18	code except as provided by Section 51.8051.
19	19	SECTION 2. Subchapter U, Chapter 51, Education Code, is
20	20	amended by adding Section 51.8051 to read as follows:
21	21	Sec. 51.8051. PROHIBITED ADMISSIONS. Notwithstanding any
22	22	other law, an institution of higher education, as defined by
23	23	Section 61.003, may not admit an applicant for admission to the
24	24	institution as a student if the applicant is:
25	25	(1) a citizen of China, Iran, North Korea, or Russia;
26	26	or
27	27	(2) not authorized under federal statute to be present
28	28	in the United States.
29	29	SECTION 3. Section 54.052, Education Code, is amended to
30	30	read as follows:
31	31	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
32	32	Subject to the other applicable provisions of this subchapter
33	33	governing the determination of resident status, the following
34	34	persons are considered residents of this state for purposes of this
35	35	title:
36	36	(1) a person who:
37	37	(A) established a domicile in this state not
38	38	later than one year before the census date of the academic term in
39	39	which the person is enrolled in an institution of higher education;
40	40	and
41	41	(B) maintained that domicile continuously for
42	42	the year preceding that census date; and
43	43	(2) a dependent whose parent:
44	44	(A) established a domicile in this state not
45	45	later than one year before the census date of the academic term in
46	46	which the dependent is enrolled in an institution of higher
47	47	education; and
48	48	(B) maintained that domicile continuously for
49	49	the year preceding that census date[; and
50	50	[(3) a person who:
51	51	[(A) graduated from a public or private high
52	52	school in this state or received the equivalent of a high school
53	53	diploma in this state; and
54	54	[(B) maintained a residence continuously in this
55	55	state for:
56	56	[(i) the three years preceding the date of
57	57	graduation or receipt of the diploma equivalent, as applicable; and
58	58	[(ii) the year preceding the census date of
59	59	the academic term in which the person is enrolled in an institution
60	60	of higher education].
61	61	(b) For purposes of this section, the domicile of a
62	62	dependent's parent is presumed to be the domicile of the dependent
63	63	[unless the person establishes eligibility for resident status
64	64	under Subsection (a)(3)].
65	65	(c) A person who is not authorized under federal statute to
66	66	be present in the United States may not be considered a resident of
67	67	this state for purposes of this title.
68	68	SECTION 4. Section 54.053, Education Code, is amended to
69	69	read as follows:
70	70	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
71	71	STATUS. A person shall submit the following information to an
72	72	institution of higher education to establish resident status under
73	73	this subchapter:
74	74	(1) if the person applies for resident status under
75	75	Section 54.052(a)(1):
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) a statement by the person that the person's
80	80	presence in this state for that period was for a purpose of
81	81	establishing and maintaining a domicile; or
82	82	(2) if the person applies for resident status under
83	83	Section 54.052(a)(2):
84	84	(A) a statement of the dates and length of time
85	85	any parent of the person has resided in this state, as relevant to
86	86	establish resident status under this subchapter; and
87	87	(B) a statement by the parent or, if the parent is
88	88	unable or unwilling to provide the statement, a statement by the
89	89	person that the parent's presence in this state for that period was
90	90	for a purpose of establishing and maintaining a domicile[; or
91	91	[(3) if the person applies for resident status under
92	92	Section 54.052(a)(3):
93	93	[(A) a statement of the dates and length of time
94	94	the person has resided in this state, as relevant to establish
95	95	resident status under this subchapter; and
96	96	[(B) if the person is not a citizen or permanent
97	97	resident of the United States, an affidavit stating that the person
98	98	will apply to become a permanent resident of the United States as
99	99	soon as the person becomes eligible to apply].
100	100	SECTION 5. Notwithstanding Subchapter B, Chapter 54,
101	101	Education Code, a public institution of higher education in this
102	102	state may, for any semester or academic term, before the beginning
103	103	of that semester or academic term, reclassify as a nonresident a
104	104	student previously classified as a resident of this state by the
105	105	institution or another public institution of higher education in
106	106	this state:
107	107	(1) under Section 54.052(a)(3), Education Code, as
108	108	that section existed before amendment by this Act, if the student is
109	109	not otherwise eligible to be classified as a resident of this state
110	110	under Subchapter B, Chapter 54, Education Code; or
111	111	(2) before the enactment of Section 54.052(c),
112	112	Education Code, as added by this Act, if the student is not
113	113	authorized under federal statute to be present in the United
114	114	States.
115	115	SECTION 6. This Act takes effect September 1, 2023.