Texas 2025 - 89th Regular

Texas Senate Bill SB1205 Compare Versions

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

Old	New	Differences
1	1	89R10481 SCF-D
2	2	By: Hall S.B. No. 1205
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of certain public benefits and services
10	10	to persons not lawfully present in the United States.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 25.001(a), Education Code, is amended to
13	13	read as follows:
14	14	(a) Except as provided by Section 25.009, a [A] person who,
15	15	on the first day of September of any school year, is at least five
16	16	years of age and under 21 years of age, or is at least 21 years of
17	17	age and under 26 years of age and is admitted by a school district to
18	18	complete the requirements for a high school diploma is entitled to
19	19	the benefits of the available school fund for that year. Any other
20	20	person enrolled in a prekindergarten class under Section 29.153 is
21	21	entitled to the benefits of the available school fund.
22	22	SECTION 2. Subchapter A, Chapter 25, Education Code, is
23	23	amended by adding Section 25.009 to read as follows:
24	24	Sec. 25.009. SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN
25	25	STUDENTS. (a) This section applies only to a student who is not a
26	26	citizen or lawful permanent resident of the United States.
27	27	(b) Notwithstanding any other law, a school district:
28	28	(1) may not use public money, including tax and bond
29	29	revenue, to pay or subsidize the education of a student to which
30	30	this section applies; and
31	31	(2) shall:
32	32	(A) charge a student to which this section
33	33	applies tuition in an amount equal to the district's average cost of
34	34	providing educational services to students of the same grade level;
35	35	and
36	36	(B) document the student's immigration status in
37	37	the district's records and report that information to the agency.
38	38	(c) A school district that violates this section is not
39	39	entitled to funding under Chapter 46 or 48.
40	40	SECTION 3. Section 54.052, Education Code, is amended to
41	41	read as follows:
42	42	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
43	43	Subject to the other applicable provisions of this subchapter
44	44	governing the determination of resident status, the following
45	45	persons are considered residents of this state for purposes of this
46	46	title:
47	47	(1) a person who:
48	48	(A) established a domicile in this state not
49	49	later than one year before the census date of the academic term in
50	50	which the person is enrolled in an institution of higher education;
51	51	and
52	52	(B) maintained that domicile continuously for
53	53	the year preceding that census date; and
54	54	(2) a dependent whose parent:
55	55	(A) established a domicile in this state not
56	56	later than one year before the census date of the academic term in
57	57	which the dependent is enrolled in an institution of higher
58	58	education; and
59	59	(B) maintained that domicile continuously for
60	60	the year preceding that census date[; and
61	61	[(3) a person who:
62	62	[(A) graduated from a public or private high
63	63	school in this state or received the equivalent of a high school
64	64	diploma in this state; and
65	65	[(B) maintained a residence continuously in this
66	66	state for:
67	67	[(i) the three years preceding the date of
68	68	graduation or receipt of the diploma equivalent, as applicable; and
69	69	[(ii) the year preceding the census date of
70	70	the academic term in which the person is enrolled in an institution
71	71	of higher education].
72	72	(b) For purposes of this section, the domicile of a
73	73	dependent's parent is presumed to be the domicile of the dependent
74	74	[unless the person establishes eligibility for resident status
75	75	under Subsection (a)(3)].
76	76	(c) A person who is not authorized under federal statute to
77	77	be present in the United States may not be considered a resident of
78	78	this state for purposes of this title.
79	79	SECTION 4. Section 54.053, Education Code, is amended to
80	80	read as follows:
81	81	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
82	82	STATUS. A person shall submit the following information to an
83	83	institution of higher education to establish resident status under
84	84	this subchapter:
85	85	(1) if the person applies for resident status under
86	86	Section 54.052(a)(1):
87	87	(A) a statement of the dates and length of time
88	88	the person has resided in this state, as relevant to establish
89	89	resident status under this subchapter; and
90	90	(B) a statement by the person that the person's
91	91	presence in this state for that period was for a purpose of
92	92	establishing and maintaining a domicile; or
93	93	(2) if the person applies for resident status under
94	94	Section 54.052(a)(2):
95	95	(A) a statement of the dates and length of time
96	96	any parent of the person has resided in this state, as relevant to
97	97	establish resident status under this subchapter; and
98	98	(B) a statement by the parent or, if the parent is
99	99	unable or unwilling to provide the statement, a statement by the
100	100	person that the parent's presence in this state for that period was
101	101	for a purpose of establishing and maintaining a domicile[; or
102	102	[(3) if the person applies for resident status under
103	103	Section 54.052(a)(3):
104	104	[(A) a statement of the dates and length of time
105	105	the person has resided in this state, as relevant to establish
106	106	resident status under this subchapter; and
107	107	[(B) if the person is not a citizen or permanent
108	108	resident of the United States, an affidavit stating that the person
109	109	will apply to become a permanent resident of the United States as
110	110	soon as the person becomes eligible to apply].
111	111	SECTION 5. Subtitle Z, Title 10, Government Code, is
112	112	amended by adding Chapter 3001 to read as follows:
113	113	CHAPTER 3001. PROVISION OF PUBLIC BENEFITS TO PERSONS NOT LAWFULLY
114	114	PRESENT IN THE UNITED STATES PROHIBITED
115	115	Sec. 3001.0001. DEFINITIONS. In this chapter:
116	116	(1) "Governmental entity" means an agency of this
117	117	state or of a political subdivision of this state.
118	118	(2) "Public benefits program" means a program
119	119	administered by a governmental entity that provides benefits to
120	120	individuals or families based on a demonstrated financial or other
121	121	need. The term includes programs providing housing or utility
122	122	assistance.
123	123	Sec. 3001.0002. PROVISION OF PUBLIC BENEFITS AND SERVICES
124	124	TO PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES. (a)
125	125	Notwithstanding any other state statute and to the extent permitted
126	126	by federal law, a governmental entity may not provide benefits or
127	127	services under a public benefits program to a person who is not
128	128	lawfully present in the United States.
129	129	(b) This section does not prohibit the provision of Medicaid
130	130	benefits that are necessary to treat an emergency medical condition
131	131	in accordance with Section 1903(v)(2), Social Security Act (42
132	132	U.S.C. Section 1396b(v)(2)).
133	133	SECTION 6. Notwithstanding Subchapter B, Chapter 54,
134	134	Education Code, a public institution of higher education in this
135	135	state may, for any semester or academic term, before the beginning
136	136	of that semester or academic term, reclassify as a nonresident a
137	137	student previously classified as a resident of this state by the
138	138	institution or another public institution of higher education in
139	139	this state:
140	140	(1) under Section 54.052(a)(3), Education Code, as
141	141	that section existed before amendment by this Act, if the student is
142	142	not otherwise eligible to be classified as a resident of this state
143	143	under Subchapter B, Chapter 54, Education Code; or
144	144	(2) before the enactment of Section 54.052(c),
145	145	Education Code, as added by this Act, if the student is not
146	146	authorized under federal statute to be present in the United
147	147	States.
148	148	SECTION 7. If before implementing any provision of this Act
149	149	a state agency determines that a waiver or authorization from a
150	150	federal agency is necessary for implementation of that provision,
151	151	the agency affected by the provision shall request the waiver or
152	152	authorization and may delay implementing that provision until the
153	153	waiver or authorization is granted.
154	154	SECTION 8. This Act takes effect immediately if it receives
155	155	a vote of two-thirds of all the members elected to each house, as
156	156	provided by Section 39, Article III, Texas Constitution. If this
157	157	Act does not receive the vote necessary for immediate effect, this
158	158	Act takes effect September 1, 2025.