HBA-AMW, JLV H.B. 1403 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1403 By: Noriega Higher Education 3/13/2001 Introduced 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. Due to 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. House Bill 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 and academic criteria. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Higher Education Coordinating Board in SECTION 4 (Section 54.060, Education Code) of this bill. ANALYSIS House Bill 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, and 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. The bill provides that an alien living in this country under an unexpired visa permitting the person to reside in this country 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 entitles a foreign student, without regard to the individual's immigration status, to pay tuition at the rate prescribed for a Texas resident if the individual is a citizen of a nation situated adjacent to Texas who registers in any general academic teaching institution, public junior college, or component of the Texas State Technical College System located either in a county located wholly or partly within 100 miles of the nation in which the foreign student resides or in a county having a population of 100,000 or more. The bill authorizes 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 not otherwise covered by the bill. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.