By: Menéndez S.B. No. 2449
A BILL TO BE ENTITLED
AN ACT
relating to the determination of resident status of certain high
school graduates by public institutions of higher education and to
the tuition and fees charged by those institutions to those
graduates.
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)].
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. Subchapter D, Chapter 54, Education Code, is
amended by adding Section 54.371 to read as follows:
Sec. 54.371. GRADUATES OF HIGH SCHOOLS IN THIS STATE. (a)
This section applies only to a person who:
(1) graduated from a public or private high school in
this state or received the equivalent of a high school diploma in
this state; and
(2) attended the high school in this state for:
(A) at least three years; and
(B) the year preceding the census date of the
academic term in which the person is enrolled in an institution of
higher education.
(b) A person to whom Subsection (a) applies state shall be
exempt from nonresident tuition and fees if the person presents the
following information to the applicable institution of higher
education:
(1) a statement of the dates and length of time the
person attended high school in this state; and
(2) 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.
(c) Notwithstanding any other law, a person who is entitled
to pay resident tuition and fees at the rates permitted by this
section may qualify for loans, grants, scholarships, funds, or
other state or institutional assistance, whether the assistance is
financial or otherwise, without regard to the person's resident
status under this title if the person is otherwise eligible for the
assistance.
SECTION 4. (a) The change in law made by this Act to Section
54.052, Education Code, applies beginning with the determination of
a person's resident status by a public institution of higher
education for the 2023 fall semester. The determination of a
person's resident status 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 the former law is continued in effect for that purpose.
(b) Section 54.371, Education Code, as added by this Act,
applies beginning with tuition and fees charged for the 2023 fall
semester. Tuition and fees charged for an academic period before
that semester are governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 5. 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.