Texas 2025 - 89th Regular

Texas House Bill HB160 Compare Versions

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

Old	New	Differences
1	1	89R407 MM-F
2	2	By: Leo Wilson H.B. No. 160
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4	4
5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the enrollment, including resident status and tuition
10	10	rates, of certain persons, including persons not authorized to be
11	11	present in the United States, in public institutions of higher
12	12	education.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 54.052, Education Code, is amended to
15	15	read as follows:
16	16	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
17	17	Subject to the other applicable provisions of this subchapter
18	18	governing the determination of resident status, the following
19	19	persons are considered residents of this state for purposes of this
20	20	title:
21	21	(1) a person who:
22	22	(A) established a domicile in this state not
23	23	later than one year before the census date of the academic term in
24	24	which the person is enrolled in an institution of higher education;
25	25	and
26	26	(B) maintained that domicile continuously for
27	27	the year preceding that census date; and
28	28	(2) a dependent whose parent:
29	29	(A) established a domicile in this state not
30	30	later than one year before the census date of the academic term in
31	31	which the dependent is enrolled in an institution of higher
32	32	education; and
33	33	(B) maintained that domicile continuously for
34	34	the year preceding that census date[; and
35	35	[(3) a person who:
36	36	[(A) graduated from a public or private high
37	37	school in this state or received the equivalent of a high school
38	38	diploma in this state; and
39	39	[(B) maintained a residence continuously in this
40	40	state for:
41	41	[(i) the three years preceding the date of
42	42	graduation or receipt of the diploma equivalent, as applicable; and
43	43	[(ii) the year preceding the census date of
44	44	the academic term in which the person is enrolled in an institution
45	45	of higher education].
46	46	(b) For purposes of this section, the domicile of a
47	47	dependent's parent is presumed to be the domicile of the dependent
48	48	[unless the person establishes eligibility for resident status
49	49	under Subsection (a)(3)].
50	50	(c) A person who is not authorized under federal statute to
51	51	be present in the United States may not be considered a resident of
52	52	this state for purposes of this title.
53	53	SECTION 2. Section 54.053, Education Code, is amended to
54	54	read as follows:
55	55	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
56	56	STATUS. A person shall submit the following information to an
57	57	institution of higher education to establish resident status under
58	58	this subchapter:
59	59	(1) if the person applies for resident status under
60	60	Section 54.052(a)(1):
61	61	(A) a statement of the dates and length of time
62	62	the person has resided in this state, as relevant to establish
63	63	resident status under this subchapter; and
64	64	(B) a statement by the person that the person's
65	65	presence in this state for that period was for a purpose of
66	66	establishing and maintaining a domicile; or
67	67	(2) if the person applies for resident status under
68	68	Section 54.052(a)(2):
69	69	(A) a statement of the dates and length of time
70	70	any parent of the person has resided in this state, as relevant to
71	71	establish resident status under this subchapter; and
72	72	(B) a statement by the parent or, if the parent is
73	73	unable or unwilling to provide the statement, a statement by the
74	74	person that the parent's presence in this state for that period was
75	75	for a purpose of establishing and maintaining a domicile[; or
76	76	[(3) if the person applies for resident status under
77	77	Section 54.052(a)(3):
78	78	[(A) a statement of the dates and length of time
79	79	the person has resided in this state, as relevant to establish
80	80	resident status under this subchapter; and
81	81	[(B) if the person is not a citizen or permanent
82	82	resident of the United States, an affidavit stating that the person
83	83	will apply to become a permanent resident of the United States as
84	84	soon as the person becomes eligible to apply].
85	85	SECTION 3. Section 54.055(a), Education Code, is amended to
86	86	read as follows:
87	87	(a) On the basis of additional or changed information, an
88	88	institution of higher education shall [may] reclassify as a
89	89	resident or nonresident of this state under this subchapter a
90	90	person who has previously been erroneously classified as a resident
91	91	or nonresident under this subchapter.
92	92	SECTION 4. Section 54.056, Education Code, is amended by
93	93	amending Subsection (a) and adding Subsection (c) to read as
94	94	follows:
95	95	(a) If an institution of higher education erroneously
96	96	classifies a person as a resident of this state and the person is
97	97	not entitled or permitted to pay resident tuition under this
98	98	subchapter, the institution of higher education shall charge
99	99	nonresident tuition to the person beginning with the first academic
100	100	term that begins after the date the institution discovers the
101	101	error. Not earlier than the first day of that term, regardless of
102	102	whether the person is still enrolled at the institution, the
103	103	institution shall [may] request the person to pay the difference
104	104	between resident and nonresident tuition for an earlier term as
105	105	permitted by Section 54.057. For nonpayment of the amount owed, the
106	106	institution may impose sanctions only as provided by that section.
107	107	The institution may not require payment as a condition for any
108	108	subsequent enrollment by the person in the institution.
109	109	(c) If in determining the classification of a person as a
110	110	resident of this state, an institution of higher education learns
111	111	that a student enrolled at the institution is a person who is not
112	112	authorized under federal statute to be present in the United
113	113	States, the institution shall immediately notify the institution's
114	114	campus police department or appropriate local law enforcement
115	115	agency regarding that information.
116	116	SECTION 5. Sections 54.057(a) and (b), Education Code, are
117	117	amended to read as follows:
118	118	(a) The following persons are liable to the institution of
119	119	higher education the person attends for the difference between
120	120	resident and nonresident tuition for each academic term in which
121	121	the person pays resident tuition to the institution as the result of
122	122	an erroneous classification or other misclassification under this
123	123	subchapter:
124	124	(1) a person who, in a timely manner after the
125	125	information becomes available or on request by the institution of
126	126	higher education, fails to provide to the institution information
127	127	that the person reasonably should know would be relevant to an
128	128	accurate classification by the institution under this subchapter;
129	129	[or]
130	130	(2) a person who provides false information to the
131	131	institution that the person reasonably should know could lead to an
132	132	erroneous classification by the institution under this subchapter;
133	133	or
134	134	(3) a person who is not authorized under federal
135	135	statute to be present in the United States.
136	136	(b) A [The] person who is liable under this section for the
137	137	difference between resident and nonresident tuition shall pay the
138	138	applicable amount to the institution not later than the 30th day
139	139	after the date the person is notified of the person's liability for
140	140	the amount owed. After receiving the notice and until the amount is
141	141	paid in full, the person is not entitled to receive from the
142	142	institution a certificate or diploma, if not yet awarded on the date
143	143	of the notice, or official transcript that is based at least
144	144	partially on or includes credit for courses taken while the person
145	145	was erroneously classified as a resident of this state.
146	146	SECTION 6. Section 54.0601, Education Code, is amended to
147	147	read as follows:
148	148	Sec. 54.0601. NONRESIDENT TUITION RATES AT CERTAIN
149	149	INSTITUTIONS. (a) On the written request of the governing board of
150	150	a general academic teaching institution located not more than 100
151	151	miles from the boundary of this state with another state, the Texas
152	152	Higher Education Coordinating Board may set a nonresident tuition
153	153	rate that is lower than the nonresident tuition rate otherwise
154	154	provided by this chapter if the coordinating board determines that
155	155	the lower rate is in the best interest of the institution and will
156	156	not cause unreasonable harm to any other institution of higher
157	157	education.
158	158	(b) A person who is not authorized under federal statute to
159	159	be present in the United States is not eligible for the nonresident
160	160	tuition rate authorized by Subsection (a).
161	161	SECTION 7. Notwithstanding Subchapter B, Chapter 54,
162	162	Education Code, a public institution of higher education in this
163	163	state may, for any semester or academic term, before the beginning
164	164	of that semester or academic term, reclassify as a nonresident a
165	165	student previously classified as a resident of this state by the
166	166	institution or another public institution of higher education in
167	167	this state:
168	168	(1) under Section 54.052(a)(3), Education Code, as
169	169	that section existed before amendment by this Act, if the student is
170	170	not otherwise eligible to be classified as a resident of this state
171	171	under Subchapter B, Chapter 54, Education Code; or
172	172	(2) before the enactment of Section 54.052(c),
173	173	Education Code, as added by this Act, if the student is not
174	174	authorized under federal statute to be present in the United
175	175	States.
176	176	SECTION 8. This Act applies beginning with tuition charged
177	177	by a public institution of higher education for the 2025 fall
178	178	semester. Tuition charged by a public institution of higher
179	179	education for an academic period before that semester is governed
180	180	by the law in effect immediately before the effective date of this
181	181	Act, and that law is continued in effect for that purpose.
182	182	SECTION 9. This Act takes effect immediately if it receives
183	183	a vote of two-thirds of all the members elected to each house, as
184	184	provided by Section 39, Article III, Texas Constitution. If this
185	185	Act does not receive the vote necessary for immediate effect, this
186	186	Act takes effect September 1, 2025.