Texas 2025 - 89th Regular

Texas Senate Bill SB2678 Compare Versions

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

Old	New	Differences
1	1	89R5461 MM-F
2	2	By: Creighton S.B. No. 2678
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the determination of resident status of students by
10	10	public institutions of higher education.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 54.052, Education Code, is amended by
13	13	adding Subsection (c) to read as follows:
14	14	(c) Notwithstanding any other provision of this section, a
15	15	person who is not authorized under federal statute to be present in
16	16	the United States may not be considered a resident of this state for
17	17	purposes of this title.
18	18	SECTION 2. Section 54.053, Education Code, is amended to
19	19	read as follows:
20	20	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
21	21	STATUS. (a) A person shall submit the following information to an
22	22	institution of higher education to establish resident status under
23	23	this subchapter:
24	24	(1) if the person applies for resident status under
25	25	Section 54.052(a)(1):
26	26	(A) a statement of the dates and length of time
27	27	the person has resided in this state, as relevant to establish
28	28	resident status under this subchapter; and
29	29	(B) a statement by the person that the person's
30	30	presence in this state for that period was for a purpose of
31	31	establishing and maintaining a domicile;
32	32	(2) if the person applies for resident status under
33	33	Section 54.052(a)(2):
34	34	(A) a statement of the dates and length of time
35	35	any parent of the person has resided in this state, as relevant to
36	36	establish resident status under this subchapter; and
37	37	(B) a statement by the parent or, if the parent is
38	38	unable or unwilling to provide the statement, a statement by the
39	39	person that the parent's presence in this state for that period was
40	40	for a purpose of establishing and maintaining a domicile; or
41	41	(3) if the person applies for resident status under
42	42	Section 54.052(a)(3):
43	43	(A) a statement of the dates and length of time
44	44	the person has resided in this state, as relevant to establish
45	45	resident status under this subchapter; and
46	46	(B) if the person is not a citizen or permanent
47	47	resident of the United States, an affidavit stating that the person
48	48	will apply to become a permanent resident of the United States as
49	49	soon as the person becomes eligible to apply.
50	50	(b) In addition to the information required by Subsection
51	51	(a), an institution of higher education may establish a policy
52	52	requiring a person for whom a residency determination is being made
53	53	to submit specific documentation to verify to the satisfaction of
54	54	the institution that the person is authorized under federal statute
55	55	to be present in the United States. A policy adopted under this
56	56	subsection must provide for treating each person in a consistent
57	57	manner concerning:
58	58	(1) whether documentation is required; and
59	59	(2) to the extent practicable, the type of
60	60	documentation required.
61	61	SECTION 3. Section 54.055, Education Code, is amended by
62	62	adding Subsection (c) to read as follows:
63	63	(c) Notwithstanding Subsection (a), an institution of
64	64	higher education may not, on the basis of Section 54.052(c),
65	65	reclassify as a nonresident of this state a student classified as a
66	66	resident under Section 54.052(a)(3) if, not later than the
67	67	beginning of the 2025-2026 academic year, the student has completed
68	68	at least 30 semester credit hours at an institution of higher
69	69	education.
70	70	SECTION 4. Except as provided by Section 54.055(c),
71	71	Education Code, as added by this Act, a public institution of higher
72	72	education in this state may, for any semester or academic term,
73	73	before the beginning of that semester or academic term, reclassify
74	74	as a nonresident a student previously classified as a resident of
75	75	this state by the institution or another public institution of
76	76	higher education in this state before the enactment of Section
77	77	54.052(c), Education Code, as added by this Act, if the student is
78	78	not authorized by law to be present in the United States.
79	79	SECTION 5. This Act takes effect immediately if it receives
80	80	a vote of two-thirds of all the members elected to each house, as
81	81	provided by Section 39, Article III, Texas Constitution. If this
82	82	Act does not receive the vote necessary for immediate effect, this
83	83	Act takes effect September 1, 2025.