SRC-MWN H.B. 1403 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1403
By: Noriega (Van de Putte)
Education
5/4/2001
Engrossed


DIGEST AND PURPOSE 

Although federal courts have ruled that a child's origin or immigration
status should not prevent access to primary and secondary schools, federal
immigration status may prevent some children born outside of the United
States from obtaining a college education at a public institution because
of higher tuition rates charged to nonresidents. Because of federal
immigration status, many children born outside of the United States who
graduate from Texas high schools are required under current state law to
pay tuition at a Texas public college or university at the higher rate
charged to out of state or international students. H.B. 1403 removes
federal immigration status as a factor for determining eligibility to pay
in state tuition at Texas public colleges and universities for a student
who graduates from a Texas high school or has attended school and received
a GED, and who meets the minimum residency, academic, and registration
criteria.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 54.051(m), Education Code, to provide that unless
the student establishes residency as provided by Section 54.052(j) or
54.057, tuition for a student who is a citizen of any country other than
the United States of America is the same as the tuition required of other
nonresident students. Makes conforming changes. 

SECTION 2. Amends Section 54.052, Education Code, by adding Subsection (j),
to require an individual, notwithstanding any other provision of this
subchapter, to be classified as a Texas resident until the individual
establishes a residence outside this state if the individual resided with
the individual's parent, guardian, or conservator while attending a public
or private high school in this state and meets certain other conditions. 

SECTION 3. Amends Chapter 54B, Education Code, by adding Section 54.0551,
as follows: 

Sec. 54.0551. CHANGE OF RESIDENCE; ONE PARENT REMAINING IN STATE. Provides
that an individual who is 18 years of age or under or is a dependent and
who, along with the individual's parents, was formerly a resident of this
state is entitled to pay tuition at the rate provided for Texas residents
if certain conditions are met. 

SECTION 4. Amends Section 54.057(a), Education Code, to provide that an
alien who is living in this country under a visa permitting permanent
residence or who has applied to or has a petition with the Immigration and
Naturalization Service to attain lawful status under federal immigration
law has the same privilege of qualifying for resident status for tuition
and fee purposes under this subchapter as has a citizen of the United
State. Deletes text regarding federal immigration authorities. Makes a
conforming change. 

 SECTION 5. Amends Section 54.060, Education Code, by amending Subsection
(g) and adding Subsection (h), as follows: 

(g) Provides that the foreign student tuition fee prescribed by this
chapter does not apply to a foreign student who meets certain criteria. 

(h) Defines "general academic teaching institution" and "public junior
college." 

SECTION 6. Provides that Sections 1 through 5 of this Act apply only to
tuition for a term or semester that begins on or after the effective date
of this Act. 

SECTION 7. Effective date: upon passage or September 1, 2001.