Texas 2025 - 89th Regular

Texas House Bill HB1324 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Olcott H.B. No. 1324
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the determination of resident status of students by
9	9	public institutions of higher education.
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	(c) A person who is not authorized under federal statute to
48	48	be present in the United States may not be considered a resident of
49	49	this state for purposes of this title.
50	50	SECTION 2. Section 54.053, Education Code, is amended to
51	51	read as follows:
52	52	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
53	53	STATUS. A person shall submit the following information to an
54	54	institution of higher education to establish resident status under
55	55	this subchapter:
56	56	(1) if the person applies for resident status under
57	57	Section 54.052(a)(1):
58	58	(A) a statement of the dates and length of time
59	59	the person has resided in this state, as relevant to establish
60	60	resident status under this subchapter; and
61	61	(B) a statement by the person that the person's
62	62	presence in this state for that period was for a purpose of
63	63	establishing and maintaining a domicile; or
64	64	(2) if the person applies for resident status under
65	65	Section 54.052(a)(2):
66	66	(A) a statement of the dates and length of time
67	67	any parent of the person has resided in this state, as relevant to
68	68	establish resident status under this subchapter; and
69	69	(B) a statement by the parent or, if the parent is
70	70	unable or unwilling to provide the statement, a statement by the
71	71	person that the parent's presence in this state for that period was
72	72	for a purpose of establishing and maintaining a domicile[; or
73	73	[(3) if the person applies for resident status under
74	74	Section 54.052(a)(3):
75	75	[(A) a statement of the dates and length of time
76	76	the person has resided in this state, as relevant to establish
77	77	resident status under this subchapter; and
78	78	[(B) if the person is not a citizen or permanent
79	79	resident of the United States, an affidavit stating that the person
80	80	will apply to become a permanent resident of the United States as
81	81	soon as the person becomes eligible to apply].
82	82	SECTION 3. Notwithstanding Subchapter B, Chapter 54,
83	83	Education Code, a public institution of higher education in this
84	84	state may, for any semester or academic term, before the beginning
85	85	of that semester or academic term, reclassify as a nonresident a
86	86	student previously classified as a resident of this state by the
87	87	institution or another public institution of higher education in
88	88	this state:
89	89	(1) under Section 54.052(a)(3), Education Code, as
90	90	that section existed before amendment by this Act, if the student is
91	91	not otherwise eligible to be classified as a resident of this state
92	92	under Subchapter B, Chapter 54, Education Code; or
93	93	(2) before the enactment of Section 54.052(c),
94	94	Education Code, as added by this Act, if the student is not
95	95	authorized under federal statute to be present in the United
96	96	States.
97	97	SECTION 4. This Act takes effect September 1, 2025.