Texas 2023 - 88th Regular

Texas House Bill HB859

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the determination of resident status of students by public institutions of higher education.

Impact

Should it be enacted, the bill's provisions would significantly affect students seeking in-state tuition rates at public higher education institutions. By tightening the criteria for residency based on domicile, the legislation aims to ensure that financial benefits related to in-state tuition are granted fairly and only to those who meet the established residency requirements. This could potentially result in higher tuition rates for students who fail to meet the new criteria, thereby impacting their educational accessibility and overall college affordability.

Summary

House Bill 859 seeks to amend the Education Code concerning the determination of resident status for students attending public institutions of higher education in Texas. The bill outlines criteria under which individuals would qualify for resident status, mainly focusing on domicile establishment. Notably, it emphasizes that establishing and maintaining a domicile for at least one year prior to the census date of the academic term is crucial for a person or their dependent to be classified as a resident. Additionally, the bill clarifies that individuals not authorized under federal law to be present in the United States cannot be classified as residents for this purpose.

Sentiment

The sentiment towards HB 859 appears to be mixed, with proponents arguing that the bill is necessary to uphold residency definitions and prevent potential abuse of residency statuses for financial gain, thereby safeguarding state resources. Conversely, critics may express concern that such stipulations could disproportionately affect students from lower socio-economic backgrounds or those who have recently moved to Texas, thereby limiting their educational opportunities and access to necessary financial support.

Contention

The notable points of contention surrounding HB 859 involve the balance between fair allocation of state resources and the accessibility of higher education for all students. Critics of the stricter residency requirements might argue that the bill could lead to inequities in educational access, particularly for students who meet all other academic criteria but may struggle to prove prolonged residency or domicile. This debate highlights the ongoing struggle to find a legislative approach that adequately addresses the needs of Texas' diverse student population while maintaining the integrity of the funding and residency system.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 54. Tuition And Fees
    • Section: New Section

Companion Bills

TX HB1117

Duplicate Relating to the determination of resident status of students by public institutions of higher education.

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