By Noriega H.B. No. 901
77R4775 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 or
1-4 to pay tuition at the rate provided for residents of this state.
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 Section 54.052(j) or 54.057, tuition [Tuition] for a student
1-10 [students] who is a citizen [are citizens] of any country other
1-11 than the United States of America is the same as the tuition
1-12 required of other 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 without regard to the citizenship or immigration status of the
1-17 individual, an individual who resided in this state with the
1-18 individual's parent, guardian, or conservator for at least 12
1-19 months while the individual attended a public or accredited high
1-20 school in this state and who graduated from a public or accredited
1-21 private high school in this state or received the equivalent of a
1-22 high school diploma while residing in this state shall be
1-23 classified as a Texas resident until the individual establishes a
1-24 residence outside this state. For purposes of this subsection, an
2-1 individual is considered to have attended a public or accredited
2-2 private high school in this state during a summer or portion of a
2-3 summer in which the individual resided in this state if the
2-4 individual attended a public or accredited private high school in
2-5 this state for the entire semester immediately preceding or
2-6 immediately following that summer.
2-7 SECTION 3. Section 54.057(a), Education Code, is amended to
2-8 read as follows:
2-9 (a) An alien who is living in this country under an
2-10 unexpired [a] visa permitting the person to reside in this country
2-11 [permanent residence or who has filed with the proper federal
2-12 immigration authorities a declaration of intention to become a
2-13 citizen] has the same privilege of qualifying for resident status
2-14 for tuition and fee purposes under this subchapter [Act] as has a
2-15 citizen of the United States. A resident alien residing in a
2-16 junior college district located immediately adjacent to Texas
2-17 boundary lines shall be charged the resident tuition by that junior
2-18 college.
2-19 SECTION 4. Sections 54.060(b), (d), and (g), Education Code,
2-20 are amended to read as follows:
2-21 (b) A [The] foreign student, without regard to the
2-22 individual's immigration status, is entitled to pay tuition at the
2-23 rate [fee] prescribed by [in] this chapter for a Texas resident if
2-24 the individual [does not apply to a foreign student who] is a
2-25 citizen [resident] of a nation situated adjacent to Texas[,] who
2-26 registers in any general academic teaching institution, public
2-27 junior college [as defined in Section 61.003(3) of this code], or
3-1 component of the Texas State Technical College System in a county
3-2 located wholly or partly within 100 miles of [immediately adjacent
3-3 to] the nation in which the foreign student resides or in a county
3-4 having a population of 100,000 or more [or who registers for lower
3-5 division courses at a community or junior college having a
3-6 partnership agreement pursuant to Subchapter N, Chapter 51, of this
3-7 code, with an upper-level university and both institutions are
3-8 located in the county immediately adjacent to the nation in which
3-9 the foreign student resides, or who registers in Texas A&M
3-10 University--Kingsville or Texas A&M University--Corpus Christi,
3-11 and, except as provided by this subsection, who demonstrates a
3-12 financial need after the financial resources of the foreign student
3-13 and the student's family are considered. The foreign student
3-14 described in this subsection shall pay tuition equal to that
3-15 charged Texas residents under Sections 54.051 and 54.0512 of this
3-16 code]. The coordinating board shall adopt rules governing [the
3-17 determination of financial need of students under this subsection
3-18 and rules governing] a pilot project to be established at general
3-19 academic teaching institutions and at components of the Texas State
3-20 Technical College System in counties that are not otherwise covered
3-21 by this subsection [immediately adjacent to the nation in which the
3-22 foreign student resides].
3-23 (d) The coordinating board shall adopt rules to determine
3-24 the number of students who may participate in the program
3-25 [programs] provided by Subsection [Subsections (b) and] (c) of this
3-26 section [and the students who may transfer from any general
3-27 academic teaching institution or component of the Texas State
4-1 Technical College System in a county immediately adjacent to the
4-2 nation in which the foreign student resides to attend another
4-3 general academic teaching institution or component of the Texas
4-4 State Technical College System to complete a degree, certificate,
4-5 or diploma or attend graduate school].
4-6 (g) In this section, "general academic teaching
4-7 institution," "public junior college," and "public technical
4-8 institute" have [has] the meanings [meaning] assigned by Section
4-9 61.003 of this code.
4-10 SECTION 5. The change in law made by this Act applies to
4-11 tuition only for a term or semester that begins on or after the
4-12 effective date of this Act.
4-13 SECTION 6. This Act takes effect immediately if it receives
4-14 a vote of two-thirds of all the members elected to each house, as
4-15 provided by Section 39, Article III, Texas Constitution. If this
4-16 Act does not receive the vote necessary for immediate effect, this
4-17 Act takes effect September 1, 2001.