Texas 2023 - 88th Regular

Texas House Bill HB859 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1683 MM-D
2	2	By: Slaton H.B. No. 859
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the determination of resident status of students by
8	8	public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 54.052, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
13	13	Subject to the other applicable provisions of this subchapter
14	14	governing the determination of resident status, the following
15	15	persons are considered residents of this state for purposes of this
16	16	title:
17	17	(1) a person who:
18	18	(A) established a domicile in this state not
19	19	later than one year before the census date of the academic term in
20	20	which the person is enrolled in an institution of higher education;
21	21	and
22	22	(B) maintained that domicile continuously for
23	23	the year preceding that census date; and
24	24	(2) a dependent whose parent:
25	25	(A) established a domicile in this state not
26	26	later than one year before the census date of the academic term in
27	27	which the dependent is enrolled in an institution of higher
28	28	education; and
29	29	(B) maintained that domicile continuously for
30	30	the year preceding that census date[; and
31	31	[(3) a person who:
32	32	[(A) graduated from a public or private high
33	33	school in this state or received the equivalent of a high school
34	34	diploma in this state; and
35	35	[(B) maintained a residence continuously in this
36	36	state for:
37	37	[(i) the three years preceding the date of
38	38	graduation or receipt of the diploma equivalent, as applicable; and
39	39	[(ii) the year preceding the census date of
40	40	the academic term in which the person is enrolled in an institution
41	41	of higher education].
42	42	(b) For purposes of this section, the domicile of a
43	43	dependent's parent is presumed to be the domicile of the dependent
44	44	[unless the person establishes eligibility for resident status
45	45	under Subsection (a)(3)].
46	46	(c) A person who is not authorized under federal statute to
47	47	be present in the United States may not be considered a resident of
48	48	this state for purposes of this title.
49	49	SECTION 2. Section 54.053, Education Code, is amended to
50	50	read as follows:
51	51	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
52	52	STATUS. A person shall submit the following information to an
53	53	institution of higher education to establish resident status under
54	54	this subchapter:
55	55	(1) if the person applies for resident status under
56	56	Section 54.052(a)(1):
57	57	(A) a statement of the dates and length of time
58	58	the person has resided in this state, as relevant to establish
59	59	resident status under this subchapter; and
60	60	(B) a statement by the person that the person's
61	61	presence in this state for that period was for a purpose of
62	62	establishing and maintaining a domicile; or
63	63	(2) if the person applies for resident status under
64	64	Section 54.052(a)(2):
65	65	(A) a statement of the dates and length of time
66	66	any parent of the person has resided in this state, as relevant to
67	67	establish resident status under this subchapter; and
68	68	(B) a statement by the parent or, if the parent is
69	69	unable or unwilling to provide the statement, a statement by the
70	70	person that the parent's presence in this state for that period was
71	71	for a purpose of establishing and maintaining a domicile[; or
72	72	[(3) if the person applies for resident status under
73	73	Section 54.052(a)(3):
74	74	[(A) a statement of the dates and length of time
75	75	the person has resided in this state, as relevant to establish
76	76	resident status under this subchapter; and
77	77	[(B) if the person is not a citizen or permanent
78	78	resident of the United States, an affidavit stating that the person
79	79	will apply to become a permanent resident of the United States as
80	80	soon as the person becomes eligible to apply].
81	81	SECTION 3. Notwithstanding Subchapter B, Chapter 54,
82	82	Education Code, a public institution of higher education in this
83	83	state may, for any semester or academic term, before the beginning
84	84	of that semester or academic term, reclassify as a nonresident a
85	85	student previously classified as a resident of this state by the
86	86	institution or another public institution of higher education in
87	87	this state:
88	88	(1) under Section 54.052(a)(3), Education Code, as
89	89	that section existed before amendment by this Act, if the student is
90	90	not otherwise eligible to be classified as a resident of this state
91	91	under Subchapter B, Chapter 54, Education Code; or
92	92	(2) before the enactment of Section 54.052(c),
93	93	Education Code, as added by this Act, if the student is not
94	94	authorized under federal statute to be present in the United
95	95	States.
96	96	SECTION 4. This Act takes effect September 1, 2023.