Texas Senate Bill SB1798

Texas 2025 - 89th Regular

• Filed: 3/3/25

Caption

Relating to the resident status, tuition rates, and certain financial support for students enrolled at public institutions of higher education, including students not lawfully present in the United States.

Impact

The enactment of SB1798 would significantly change the landscape of higher education funding in Texas. Institutions could face stricter compliance requirements regarding the classification of students, which may lead to reclassifying students previously deemed residents. As a consequence, many students could potentially face higher tuition costs if reclassified as nonresidents, particularly affecting those who are particularly vulnerable, such as undocumented students who have graduated from Texas high schools but may lack federal status. Further, this bill enforces a reporting structure that holds institutions accountable for compliance, potentially resulting in financial repercussions if they fail to adhere to the proposed regulations.

Summary

SB1798 addresses the resident status, tuition rates, and financial support for students enrolled in public institutions of higher education in Texas, particularly focusing on the implications for students not lawfully present in the United States. This bill mandates that governing boards of institutions ensure that no financial support is awarded to individuals who do not have authorization to be present in the U.S. Moreover, it places strict regulations on how resident status is determined, which includes a person's domicile and the duration of their residency in the state. This legislation aims to clarify and tighten the eligibility criteria for residents versus nonresidents concerning tuition rates and financial aid availability.

Contention

Opposition to SB1798 may arise from advocacy groups supporting the rights of undocumented students and those arguing for equitable access to education regardless of immigration status. Critics may express concerns that the bill disproportionately affects students who have established roots in Texas and are actively contributing to their communities. The balance between ensuring compliance with state laws and supporting educational access for all residents, irrespective of their immigration status, forms the core of the debate surrounding this bill.

Texas Constitutional Statutes Affected

Education Code

• Chapter 51. Provisions Generally Applicable To Higher Education
  • Section: New Section

• Chapter 54. Tuition And Fees
  • Section: New Section
  • Section: 057
  • Section: 0601