By Noriega, Garcia, Hill, Reyna of Dallas,            H.B. No. 1403
                                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.
 1-5           SECTION 1. Section 54.051(m), Education Code, is amended to
 1-6     read as follows:
 1-7           (m)  Unless the student establishes residency as provided by
 1-8     Section 54.052(j) or 54.057, tuition [Tuition] for a student
 1-9     [students] who is a citizen [are citizens] of any country other
1-10     than the United States of America is the same as the tuition
1-11     required of other nonresident students.
1-12           SECTION 2. Section 54.052, Education Code, is amended by
1-13     adding Subsection (j) to read as follows:
1-14           (j)  Notwithstanding any other provision of this subchapter,
1-15     an individual shall be classified as a Texas resident until the
1-16     individual establishes a residence outside this state if the
1-17     individual resided with the individual's parent, guardian, or
1-18     conservator while attending a public or private high school in this
1-19     state and:
1-20                 (1)  graduated from a public or private high school or
1-21     received the equivalent of a high school diploma in this state;
1-22                 (2)  resided in this state for at least one year
1-23     between the first day the person attended a public or private high
1-24     school in this state and the date the person graduated from a
1-25     public or private high school in this state or received the
 2-1     equivalent of a high school diploma; and
 2-2                 (3)  registers as an entering student in an institution
 2-3     of higher education not earlier than the 2001 fall semester.
 2-4           SECTION 3. Subchapter B, Chapter 54, Education Code, is
 2-5     amended by adding Section 54.0551 to read as follows:
 2-7     STATE. An individual who is 18 years of age or under or is a
 2-8     dependent and who, along with the individual's parents, was
 2-9     formerly a resident of this state is entitled to pay tuition at the
2-10     rate provided for Texas residents if:
2-11                 (1)  the individual and the parent who is the
2-12     individual's managing conservator or who is the individual's joint
2-13     managing conservator with whom the individual primarily resides
2-14     change their legal residence from this state to another state; and
2-15                 (2)  the other parent who is the individual's
2-16     possessory conservator or who is the individual's joint managing
2-17     conservator with whom the individual does not primarily reside
2-18     continues to reside in this state and is not delinquent on the
2-19     payment of any child support.
2-20           SECTION 4.  Section 54.057(a), Education Code, is amended to
2-21     read as follows:
2-22           (a)  An alien who is living in this country under a visa
2-23     permitting permanent residence or who has applied to or has a
2-24     petition pending with the Immigration and Naturalization Service to
2-25     attain lawful status under federal immigration law [filed with the
2-26     proper federal immigration authorities a declaration of intention
2-27     to become a citizen] has the same privilege of qualifying for
 3-1     resident status for tuition and fee purposes under this subchapter
 3-2     [Act] as has a citizen of the United States.  A resident alien
 3-3     residing in a junior college district located immediately adjacent
 3-4     to Texas boundary lines shall be charged the resident tuition by
 3-5     that junior college.
 3-6           SECTION 5.  Section 54.060, Education Code, is amended by
 3-7     amending Subsection (g) and adding Subsection (h) to read as
 3-8     follows:
 3-9           (g)  The foreign student tuition fee prescribed by this
3-10     chapter does not apply to a foreign student who:
3-11                 (1)  is a citizen of a nation situated adjacent to
3-12     Texas;
3-13                 (2)  registers in any general academic teaching
3-14     institution or public junior college; and
3-15                 (3)  meets the qualifications provided by Section
3-16     54.052(j) for Texas residency.
3-17           (h)  In this section, "general academic teaching
3-18     institution," "public junior college," and "public technical
3-19     institute" have [has] the meanings [meaning] assigned by Section
3-20     61.003 of this code.
3-21           SECTION 6. Sections 1 through 5 of this Act apply only to
3-22     tuition for a term or semester that begins on or after the
3-23     effective date of this Act.
3-24           SECTION 7. This Act takes effect immediately if it receives a
3-25     vote of two-thirds of all the members elected to each house, as
3-26     provided by Section 39, Article III, Texas Constitution.  If this
3-27     Act does not receive the vote necessary for immediate effect, this
 4-1     Act takes effect September 1, 2001.