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.