Texas 2025 - 89th Regular

Texas Senate Bill SB1798 Compare Versions

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

Old	New	Differences
1	1	89R7952 MM-D
2	2	By: Middleton, Schwertner S.B. No. 1798
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the resident status, tuition rates, and certain
10	10	financial support for students enrolled at public institutions of
11	11	higher education, including students not lawfully present in the
12	12	United States.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter G, Chapter 51, Education Code, is
15	15	amended by adding Section 51.3526 to read as follows:
16	16	Sec. 51.3526. RESPONSIBILITY OF GOVERNING BOARDS REGARDING
17	17	CERTAIN FINANCIAL SUPPORT PROVIDED TO PERSONS NOT LAWFULLY PRESENT.
18	18	(a) The governing board of an institution of higher education shall
19	19	ensure that each unit of the institution does not award or provide
20	20	to a person who is not authorized under federal statute to be
21	21	present in the United States any financial support using money
22	22	appropriated or otherwise provided by the state to the institution
23	23	or unit, including a scholarship, grant, or other financial aid.
24	24	(b) An institution of higher education may not spend money
25	25	appropriated to the institution for a state fiscal year until the
26	26	governing board of the institution submits to the legislature and
27	27	the Texas Higher Education Coordinating Board a report certifying
28	28	the board's compliance with this section during the preceding state
29	29	fiscal year.
30	30	(c) In the interim between each regular session of the
31	31	legislature, the governing board of each institution of higher
32	32	education, or the board's designee, shall testify before the
33	33	standing legislative committees with primary jurisdiction over
34	34	higher education at a public hearing of the committee regarding the
35	35	board's compliance with this section.
36	36	(d) The state auditor shall periodically conduct a
37	37	compliance audit of each institution of higher education to
38	38	determine whether the institution has spent state money in
39	39	violation of this section. The state auditor shall adopt a schedule
40	40	by which the state auditor will conduct compliance audits under
41	41	this subsection. The schedule must ensure that each institution of
42	42	higher education is audited at least once during each four-year
43	43	period.
44	44	(e) If the state auditor determines pursuant to a compliance
45	45	audit conducted under Subsection (d) that an institution of higher
46	46	education has spent state money in violation of this section, the
47	47	institution:
48	48	(1) must cure the violation not later than the 180th
49	49	day after the date on which the determination is made; and
50	50	(2) if the institution fails to cure the violation
51	51	during the period described by Subdivision (1), is ineligible to
52	52	receive formula funding increases, institutional enhancements, or
53	53	exceptional items during the state fiscal biennium immediately
54	54	following the state fiscal biennium in which the determination is
55	55	made.
56	56	SECTION 2. Section 54.052, Education Code, is amended to
57	57	read as follows:
58	58	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
59	59	Subject to the other applicable provisions of this subchapter
60	60	governing the determination of resident status, the following
61	61	persons are considered residents of this state for purposes of this
62	62	title:
63	63	(1) a person who:
64	64	(A) established a domicile in this state not
65	65	later than one year before the census date of the academic term in
66	66	which the person is enrolled in an institution of higher education;
67	67	and
68	68	(B) maintained that domicile continuously for
69	69	the year preceding that census date; and
70	70	(2) a dependent whose parent:
71	71	(A) established a domicile in this state not
72	72	later than one year before the census date of the academic term in
73	73	which the dependent is enrolled in an institution of higher
74	74	education; and
75	75	(B) maintained that domicile continuously for
76	76	the year preceding that census date[; and
77	77	[(3) a person who:
78	78	[(A) graduated from a public or private high
79	79	school in this state or received the equivalent of a high school
80	80	diploma in this state; and
81	81	[(B) maintained a residence continuously in this
82	82	state for:
83	83	[(i) the three years preceding the date of
84	84	graduation or receipt of the diploma equivalent, as applicable; and
85	85	[(ii) the year preceding the census date of
86	86	the academic term in which the person is enrolled in an institution
87	87	of higher education].
88	88	(b) For purposes of this section, the domicile of a
89	89	dependent's parent is presumed to be the domicile of the dependent
90	90	[unless the person establishes eligibility for resident status
91	91	under Subsection (a)(3)].
92	92	(c) A person who is not authorized under federal statute to
93	93	be present in the United States may not be considered a resident of
94	94	this state for purposes of this title.
95	95	SECTION 3. Section 54.053, Education Code, is amended to
96	96	read as follows:
97	97	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
98	98	STATUS. A person shall submit the following information to an
99	99	institution of higher education to establish resident status under
100	100	this subchapter:
101	101	(1) if the person applies for resident status under
102	102	Section 54.052(a)(1):
103	103	(A) a statement of the dates and length of time
104	104	the person has resided in this state, as relevant to establish
105	105	resident status under this subchapter; and
106	106	(B) a statement by the person that the person's
107	107	presence in this state for that period was for a purpose of
108	108	establishing and maintaining a domicile; or
109	109	(2) if the person applies for resident status under
110	110	Section 54.052(a)(2):
111	111	(A) a statement of the dates and length of time
112	112	any parent of the person has resided in this state, as relevant to
113	113	establish resident status under this subchapter; and
114	114	(B) a statement by the parent or, if the parent is
115	115	unable or unwilling to provide the statement, a statement by the
116	116	person that the parent's presence in this state for that period was
117	117	for a purpose of establishing and maintaining a domicile[; or
118	118	[(3) if the person applies for resident status under
119	119	Section 54.052(a)(3):
120	120	[(A) a statement of the dates and length of time
121	121	the person has resided in this state, as relevant to establish
122	122	resident status under this subchapter; and
123	123	[(B) if the person is not a citizen or permanent
124	124	resident of the United States, an affidavit stating that the person
125	125	will apply to become a permanent resident of the United States as
126	126	soon as the person becomes eligible to apply].
127	127	SECTION 4. Section 54.055(a), Education Code, is amended to
128	128	read as follows:
129	129	(a) As appropriate based on [On the basis of] additional or
130	130	changed information affecting the determination of the person's
131	131	status, an institution of higher education shall [may] reclassify
132	132	as a resident or nonresident of this state under this subchapter a
133	133	person who has previously been classified as a resident or
134	134	nonresident under this subchapter.
135	135	SECTION 5. Section 54.056(a), Education Code, is amended to
136	136	read as follows:
137	137	(a) If an institution of higher education erroneously
138	138	classifies or misclassifies a person as a resident of this state and
139	139	the person is not entitled or permitted to pay resident tuition
140	140	under this subchapter, the institution of higher education shall
141	141	charge nonresident tuition to the person beginning with the first
142	142	academic term that begins after the date the institution discovers
143	143	the error. Not earlier than the first day of that term, regardless
144	144	of whether the person is still enrolled at the institution, the
145	145	institution shall [may] request the person to pay the difference
146	146	between resident and nonresident tuition for an earlier term as
147	147	permitted by Section 54.057. For nonpayment of the amount owed, the
148	148	institution may impose sanctions only as provided by that section.
149	149	The institution may not require payment as a condition for any
150	150	subsequent enrollment by the person in the institution.
151	151	SECTION 6. Section 54.057, Education Code, is amended to
152	152	read as follows:
153	153	Sec. 54.057. LIABILITY FOR UNPAID NONRESIDENT TUITION. (a)
154	154	The following persons are liable to the institution of higher
155	155	education the person attends for the difference between resident
156	156	and nonresident tuition for each academic term in which the person
157	157	pays resident tuition to the institution as the result of an
158	158	erroneous classification or other misclassification under this
159	159	subchapter:
160	160	(1) a person who, in a timely manner after the
161	161	information becomes available or on request by the institution of
162	162	higher education, fails to provide to the institution information
163	163	that the person reasonably should know would be relevant to an
164	164	accurate classification by the institution under this subchapter;
165	165	[or]
166	166	(2) a person who provides false information to the
167	167	institution that the person reasonably should know could lead to an
168	168	erroneous classification by the institution under this subchapter;
169	169	or
170	170	(3) a person who is not authorized under federal
171	171	statute to be present in the United States.
172	172	(b) A [The] person who is liable under this section for the
173	173	difference between resident and nonresident tuition shall pay the
174	174	applicable amount to the institution not later than the 30th day
175	175	after the date the person is notified of the person's liability for
176	176	the amount owed. After receiving the notice and until the amount is
177	177	paid in full, the person is not entitled to receive from the
178	178	institution a certificate or diploma, if not yet awarded on the date
179	179	of the notice, or official transcript that is based at least
180	180	partially on or includes credit for courses taken while the person
181	181	was erroneously classified or misclassified as a resident of this
182	182	state.
183	183	(c) A person who is erroneously classified or misclassified
184	184	as a resident of this state under this subchapter but who is
185	185	entitled or permitted to pay resident tuition under this subchapter
186	186	is not liable for the difference between resident and nonresident
187	187	tuition under this section.
188	188	SECTION 7. Section 54.0601, Education Code, is amended to
189	189	read as follows:
190	190	Sec. 54.0601. NONRESIDENT TUITION RATES AT CERTAIN
191	191	INSTITUTIONS. (a) On the written request of the governing board of
192	192	a general academic teaching institution located not more than 100
193	193	miles from the boundary of this state with another state, the Texas
194	194	Higher Education Coordinating Board may set a nonresident tuition
195	195	rate that is lower than the nonresident tuition rate otherwise
196	196	provided by this chapter if the coordinating board determines that
197	197	the lower rate is in the best interest of the institution and will
198	198	not cause unreasonable harm to any other institution of higher
199	199	education.
200	200	(b) A person who is not authorized under federal statute to
201	201	be present in the United States is not eligible for the nonresident
202	202	tuition rate authorized by Subsection (a).
203	203	SECTION 8. (a) Except as provided by Subsection (b) of this
204	204	section, Section 51.3526, Education Code, as added by this Act,
205	205	applies beginning with the 2025-2026 academic year.
206	206	(b) Section 51.3526(b), Education Code, as added by this
207	207	Act, applies beginning with money appropriated to a public
208	208	institution of higher education for the state fiscal year beginning
209	209	September 1, 2026.
210	210	SECTION 9. Notwithstanding Subchapter B, Chapter 54,
211	211	Education Code, as amended by this Act, a public institution of
212	212	higher education in this state may, for any semester or academic
213	213	term, before the beginning of that semester or academic term,
214	214	reclassify as a nonresident a student previously classified as a
215	215	resident of this state by the institution or another public
216	216	institution of higher education in this state:
217	217	(1) under Section 54.052(a)(3), Education Code, as
218	218	that section existed before amendment by this Act, if the student is
219	219	not otherwise eligible to be classified as a resident of this state
220	220	under Subchapter B, Chapter 54, Education Code; or
221	221	(2) before the enactment of Section 54.052(c),
222	222	Education Code, as added by this Act, if the student is not
223	223	authorized under federal statute to be present in the United
224	224	States.
225	225	SECTION 10. The changes in law made by this Act to Chapter
226	226	54, Education Code, apply beginning with tuition charged by a
227	227	public institution of higher education for the 2025 fall semester.
228	228	Tuition charged by a public institution of higher education for an
229	229	academic period before that semester is governed by the law in
230	230	effect immediately before the effective date of this Act, and that
231	231	law is continued in effect for that purpose.
232	232	SECTION 11. This Act takes effect immediately if it
233	233	receives a vote of two-thirds of all the members elected to each
234	234	house, as provided by Section 39, Article III, Texas Constitution.
235	235	If this Act does not receive the vote necessary for immediate
236	236	effect, this Act takes effect September 1, 2025.