Texas Senate Bill SB1205

Texas 2025 - 89th Regular

• Filed: 2/10/25

Caption

Relating to the provision of certain public benefits and services to persons not lawfully present in the United States.

Impact

This bill has significant implications for state laws as it modifies existing provisions surrounding public benefit eligibility, explicitly prohibiting public entities from providing any benefits to those not lawfully present. Higher education institutions will also face constraints, being mandated to charge tuition equivalent to their average educational costs for non-resident students and document immigration statuses as part of their enrollment processes. As a result, this could lead to increased financial burdens for undocumented individuals seeking education while potentially affecting enrollment figures and diversity in Texas public schools and universities.

Summary

SB1205 addresses the provision of public benefits and services to individuals not lawfully present in the United States. Primarily, the bill establishes restrictions on educational institutions and government entities concerning the access of non-residents, particularly illegal immigrants, to certain public benefits. By amending various sections of the Education Code and adding a new chapter to the Government Code, it enforces stricter criteria on how benefits are delivered, explicitly excluding those without lawful U.S. presence from accessing these benefits, including education funding.

Contention

A notable point of contention surrounding SB1205 lies in the debates about local vs. state authority and the impacts on immigrant communities. Proponents argue that the bill is essential for deterring illegal immigration and ensuring that state resources are allocated to lawful residents. Critics, however, contend that it unfairly targets vulnerable populations, limits access to necessary public services, and may foster a climate of fear among immigrant communities, hindering their ability to seek education and other essential services. The tension between ensuring state compliance with immigration law and providing necessary benefits to residents irrespective of their immigration status forms the crux of the legislative discourse surrounding this bill.

Texas Constitutional Statutes Affected

Education Code

• Chapter 25. Admission, Transfer, And Attendance
  • Section: New Section

• Chapter 54. Tuition And Fees
  • Section: New Section