HBA-AMW, JLV C.S.H.B. 1403 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1403 By: Noriega Higher Education 3/26/2001 Committee Report (Substituted) BACKGROUND 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. C.S.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 that 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 It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. ANALYSIS C.S.H.B. 1403 amends the Education Code to require that an individual 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, graduated from a public or private high school or received the equivalent of a high school diploma in this state, resided in this state for at least one year between the first day the person attended a public or private high school in this state and the date the person graduated or received the equivalent of a high school diploma, and registers as an entering student in an institution of higher education not earlier than the 2001 fall semester (residency qualifications). The bill provides that an alien living in this country under a visa permitting permanent residence or who has applied to or has a petition pending 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 as a United States citizen. The bill also provides that the foreign student tuition fee does not apply to a foreign student who is a citizen of Mexico, who registers in any general academic teaching institution or public junior college, and who meets the residency qualifications. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1403 modifies the original by adding the criteria that an individual register as an entering student in an institution of higher education not earlier than the 2001 fall semester to be classified as a Texas resident. The substitute removes the provision in the original which entitled a foreign student who is a citizen of Mexico and who registers in a specified institution, college, or system in a county located wholly or partly within 100 miles of Mexico or in a county having a population of 100,000 or more to pay tuition at a rate prescribed for a Texas resident. The substitute modifies the original by providing that the foreign student tuition fee does not apply to a foreign student who is a citizen of Mexico, who registers in any general academic teaching institution or public junior college, and who meets residency qualifications established by the provisions of this bill. The substitute also removes provisions in the original which required the Texas Higher Education Coordinating Board to adopt rules governing a pilot project to be established at general academic teaching institutions and at components of the Texas State Technical College System in counties that are otherwise not covered by the original bill and to adopt the number of students to participate in such a program.