Texas 2023 - 88th Regular

Texas Senate Bill SB2449 Compare Versions

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1	1	By: Menéndez S.B. No. 2449
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the determination of resident status of certain high
7	7	school graduates by public institutions of higher education and to
8	8	the tuition and fees charged by those institutions to those
9	9	graduates.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 54.052, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
14	14	Subject to the other applicable provisions of this subchapter
15	15	governing the determination of resident status, the following
16	16	persons are considered residents of this state for purposes of this
17	17	title:
18	18	(1) a person who:
19	19	(A) established a domicile in this state not
20	20	later than one year before the census date of the academic term in
21	21	which the person is enrolled in an institution of higher education;
22	22	and
23	23	(B) maintained that domicile continuously for
24	24	the year preceding that census date; and
25	25	(2) a dependent whose parent:
26	26	(A) established a domicile in this state not
27	27	later than one year before the census date of the academic term in
28	28	which the dependent is enrolled in an institution of higher
29	29	education; and
30	30	(B) maintained that domicile continuously for
31	31	the year preceding that census date[; and
32	32	[(3) a person who:
33	33	[(A) graduated from a public or private high
34	34	school in this state or received the equivalent of a high school
35	35	diploma in this state; and
36	36	[(B) maintained a residence continuously in this
37	37	state for:
38	38	[(i) the three years preceding the date of
39	39	graduation or receipt of the diploma equivalent, as applicable; and
40	40	[(ii) the year preceding the census date of
41	41	the academic term in which the person is enrolled in an institution
42	42	of higher education].
43	43	(b) For purposes of this section, the domicile of a
44	44	dependent's parent is presumed to be the domicile of the dependent
45	45	[unless the person establishes eligibility for resident status
46	46	under Subsection (a)(3)].
47	47	SECTION 2. Section 54.053, Education Code, is amended to
48	48	read as follows:
49	49	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
50	50	STATUS. A person shall submit the following information to an
51	51	institution of higher education to establish resident status under
52	52	this subchapter:
53	53	(1) if the person applies for resident status under
54	54	Section 54.052(a)(1):
55	55	(A) a statement of the dates and length of time
56	56	the person has resided in this state, as relevant to establish
57	57	resident status under this subchapter; and
58	58	(B) a statement by the person that the person's
59	59	presence in this state for that period was for a purpose of
60	60	establishing and maintaining a domicile; or
61	61	(2) if the person applies for resident status under
62	62	Section 54.052(a)(2):
63	63	(A) a statement of the dates and length of time
64	64	any parent of the person has resided in this state, as relevant to
65	65	establish resident status under this subchapter; and
66	66	(B) a statement by the parent or, if the parent is
67	67	unable or unwilling to provide the statement, a statement by the
68	68	person that the parent's presence in this state for that period was
69	69	for a purpose of establishing and maintaining a domicile[; or
70	70	[(3) if the person applies for resident status under
71	71	Section 54.052(a)(3):
72	72	[(A) a statement of the dates and length of time
73	73	the person has resided in this state, as relevant to establish
74	74	resident status under this subchapter; and
75	75	[(B) if the person is not a citizen or permanent
76	76	resident of the United States, an affidavit stating that the person
77	77	will apply to become a permanent resident of the United States as
78	78	soon as the person becomes eligible to apply].
79	79	SECTION 3. Subchapter D, Chapter 54, Education Code, is
80	80	amended by adding Section 54.371 to read as follows:
81	81	Sec. 54.371. GRADUATES OF HIGH SCHOOLS IN THIS STATE. (a)
82	82	This section applies only to a person who:
83	83	(1) graduated from a public or private high school in
84	84	this state or received the equivalent of a high school diploma in
85	85	this state; and
86	86	(2) attended the high school in this state for:
87	87	(A) at least three years; and
88	88	(B) the year preceding the census date of the
89	89	academic term in which the person is enrolled in an institution of
90	90	higher education.
91	91	(b) A person to whom Subsection (a) applies state shall be
92	92	exempt from nonresident tuition and fees if the person presents the
93	93	following information to the applicable institution of higher
94	94	education:
95	95	(1) a statement of the dates and length of time the
96	96	person attended high school in this state; and
97	97	(2) if the person is not a citizen or permanent
98	98	resident of the United States, an affidavit stating that the person
99	99	will apply to become a permanent resident of the United States as
100	100	soon as the person becomes eligible to apply.
101	101	(c) Notwithstanding any other law, a person who is entitled
102	102	to pay resident tuition and fees at the rates permitted by this
103	103	section may qualify for loans, grants, scholarships, funds, or
104	104	other state or institutional assistance, whether the assistance is
105	105	financial or otherwise, without regard to the person's resident
106	106	status under this title if the person is otherwise eligible for the
107	107	assistance.
108	108	SECTION 4. (a) The change in law made by this Act to Section
109	109	54.052, Education Code, applies beginning with the determination of
110	110	a person's resident status by a public institution of higher
111	111	education for the 2023 fall semester. The determination of a
112	112	person's resident status by a public institution of higher
113	113	education for an academic period before that semester is governed
114	114	by the law in effect immediately before the effective date of this
115	115	Act, and the former law is continued in effect for that purpose.
116	116	(b) Section 54.371, Education Code, as added by this Act,
117	117	applies beginning with tuition and fees charged for the 2023 fall
118	118	semester. Tuition and fees charged for an academic period before
119	119	that semester are governed by the law in effect immediately before
120	120	the effective date of this Act, and the former law is continued in
121	121	effect for that purpose.
122	122	SECTION 5. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2023.