By Garcia H.B. No. 158
77R393 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain persons to qualify as
1-3 residents of this state for purposes of higher education tuition
1-4 and to qualify for higher education financial aid.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 54.051(m), Education Code, is amended to
1-7 read as follows:
1-8 (m) Unless the student establishes residency as provided by
1-9 this subchapter, tuition [Tuition] for a student [students] who is
1-10 a citizen [are citizens] of any country other than the United
1-11 States of America is the same as the tuition required of other
1-12 nonresident students.
1-13 SECTION 2. Section 54.052, Education Code, is amended by
1-14 adding Subsection (j) to read as follows:
1-15 (j) Notwithstanding any other provision of this subchapter,
1-16 an individual who graduated from a public or private high school in
1-17 this state shall be classified as a Texas resident until the
1-18 individual establishes a residence outside this state.
1-19 SECTION 3. Section 54.054, Education Code, is amended to read
1-20 as follows:
1-21 Sec. 54.054. NONRESIDENT STATUS: PRESUMPTION;
1-22 RECLASSIFICATION. A nonresident student classification is presumed
1-23 to be correct as long as the residence of the individual in the
1-24 state is primarily for the purpose of attending an educational
2-1 institution. After residing in Texas for at least 12 months, a
2-2 nonresident student may be reclassified as a resident student as
2-3 provided by [in] the rules and regulations adopted by the Texas
2-4 Higher Education Coordinating Board[, Texas College and University
2-5 System]. Any individual reclassified as a resident student is
2-6 entitled to pay the tuition fee for a resident of Texas at any
2-7 subsequent registration as long as the student [he] continues to
2-8 maintain the student's [his legal] residence in Texas. [Before
2-9 February 15, 1972, the Coordinating Board, Texas College and
2-10 University System, shall promulgate such rules and regulations.]
2-11 SECTION 4. Section 54.057, Education Code, is amended to read
2-12 as follows:
2-13 Sec. 54.057. ALIENS. (a) Except as provided by Subsection
2-14 (b), an [An] alien who is living in this country [under a visa
2-15 permitting permanent residence or who has filed with the proper
2-16 federal immigration authorities a declaration of intention to
2-17 become a citizen] has the same privilege of qualifying for resident
2-18 status for tuition and fee purposes under this subchapter [Act] as
2-19 has a citizen of the United States without regard to the
2-20 immigration status of the individual.
2-21 (b) Subsection (a) does not apply to an alien present in
2-22 this country under a visa issued by the United States under which
2-23 the individual is precluded from establishing the United States as
2-24 the individual's domicile.
2-25 (c) A resident alien residing in a junior college district
2-26 located immediately adjacent to Texas boundary lines shall be
2-27 charged the resident tuition by that junior college.
3-1 (d) [(b)] A nonimmigrant alien who resides in this state in
3-2 accordance with the Agreement between the Parties to the North
3-3 Atlantic Treaty Regarding the Status of Their Forces (4 U.S.T.
3-4 1792) and the spouse or children of such an alien are residents for
3-5 tuition and fee purposes under this subchapter [code].
3-6 SECTION 5. Subchapter A, Chapter 56, Education Code, is
3-7 amended by adding Section 56.004 to read as follows:
3-8 Sec. 56.004. EQUAL ACCESS TO FINANCIAL AID FOR TEXAS
3-9 RESIDENTS. (a) Except as otherwise required by federal law, an
3-10 institution of higher education or other agency of this state may
3-11 not treat a resident of this state for purposes of Subchapter B,
3-12 Chapter 54, who is not a citizen of the United States differently
3-13 from a resident of this state for purposes of Subchapter B, Chapter
3-14 54, who is a citizen of the United States.
3-15 (b) In any provision of this title relating to eligibility
3-16 for any form of student financial aid, including a tuition or fee
3-17 exemption or waiver, a student loan, student loan forgiveness or
3-18 repayment assistance, or a scholarship or grant, a requirement that
3-19 an individual be a resident of this state includes a resident of
3-20 this state for purposes of Subchapter B, Chapter 54, who is not a
3-21 citizen of the United States.
3-22 SECTION 6. Sections 1 through 4 of this Act apply only to
3-23 tuition and fees for a term or semester that begins on or after the
3-24 effective date of this Act.
3-25 SECTION 7. This Act takes effect immediately if it receives a
3-26 vote of two-thirds of all the members elected to each house, as
3-27 provided by Section 39, Article III, Texas Constitution. If this
4-1 Act does not receive the vote necessary for immediate effect, this
4-2 Act takes effect September 1, 2001.