1-1 By: Noriega, et al. (Senate Sponsor - Van de Putte) H.B. No. 1403
1-2 (In the Senate - Received from the House April 24, 2001;
1-3 April 25, 2001, read first time and referred to Committee on
1-4 Education; May 10, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 May 10, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1403 By: Van de Putte
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the eligibility of certain persons to qualify as
1-11 residents of this state for purposes of higher education tuition or
1-12 to pay tuition at the rate provided to residents of this state.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 54.051(m), Education Code, is amended to
1-15 read as follows:
1-16 (m) Unless the student establishes residency as provided by
1-17 Section 54.052(j) or 54.057, tuition [Tuition] for a student
1-18 [students] who is a citizen [are citizens] of any country other
1-19 than the United States of America is the same as the tuition
1-20 required of other nonresident students.
1-21 SECTION 2. Section 54.052, Education Code, is amended by
1-22 adding Subsection (j) to read as follows:
1-23 (j) Notwithstanding any other provision of this subchapter,
1-24 an individual shall be classified as a Texas resident until the
1-25 individual establishes a residence outside this state if the
1-26 individual resided with the individual's parent, guardian, or
1-27 conservator while attending a public or private high school in this
1-28 state and:
1-29 (1) graduated from a public or private high school or
1-30 received the equivalent of a high school diploma in this state;
1-31 (2) resided in this state for at least one year
1-32 between the first day the person attended a public or private high
1-33 school in this state and the date the person graduated from a
1-34 public or private high school in this state or received the
1-35 equivalent of a high school diploma;
1-36 (3) registers as an entering student in an institution
1-37 of higher education not earlier than the 2001 fall semester; and
1-38 (4) has filed an application to become a permanent
1-39 resident, if the student is at least 18 years of age.
1-40 SECTION 3. Subchapter B, Chapter 54, Education Code, is
1-41 amended by adding Section 54.0551 to read as follows:
1-42 Sec. 54.0551. CHANGE OF RESIDENCE; ONE PARENT REMAINING IN
1-43 STATE. An individual who is 18 years of age or under or is a
1-44 dependent and who, along with the individual's parents, was
1-45 formerly a resident of this state is entitled to pay tuition at the
1-46 rate provided for Texas residents if:
1-47 (1) the individual and the parent who is the
1-48 individual's managing conservator or who is the individual's joint
1-49 managing conservator with whom the individual primarily resides
1-50 change their legal residence from this state to another state; and
1-51 (2) the other parent who is the individual's
1-52 possessory conservator or who is the individual's joint managing
1-53 conservator with whom the individual does not primarily reside
1-54 continues to reside in this state and is not delinquent on the
1-55 payment of any child support.
1-56 SECTION 4. Section 54.057(a), Education Code, is amended to
1-57 read as follows:
1-58 (a) An alien who is living in this country under a visa
1-59 permitting permanent residence or who has applied to or has a
1-60 petition pending with the Immigration and Naturalization Service to
1-61 attain lawful status under federal immigration law [filed with the
1-62 proper federal immigration authorities a declaration of intention
1-63 to become a citizen] has the same privilege of qualifying for
1-64 resident status for tuition and fee purposes under this subchapter
2-1 [Act] as has a citizen of the United States. A resident alien
2-2 residing in a junior college district located immediately adjacent
2-3 to Texas boundary lines shall be charged the resident tuition by
2-4 that junior college.
2-5 SECTION 5. Section 54.060(b), Education Code, is amended to
2-6 read as follows:
2-7 (b) The foreign student tuition fee prescribed in this
2-8 chapter does not apply to a foreign student who is a resident of a
2-9 nation situated adjacent to Texas, who registers in any general
2-10 academic teaching institution, as defined in Section 61.003(3)[of
2-11 this code], or component of the Texas State Technical College
2-12 System in a county immediately adjacent to the nation in which the
2-13 foreign student resides or who registers for lower division courses
2-14 at a community or junior college having a partnership agreement
2-15 pursuant to Subchapter N, Chapter 51, [of this code,] with an
2-16 upper-level university and both institutions are located in the
2-17 county immediately adjacent to the nation in which the foreign
2-18 student resides, or who registers in Texas A&M
2-19 University--Kingsville, [or] Texas A&M University-Corpus Christi,
2-20 or The University of Texas at San Antonio and, except as provided
2-21 by this subsection, who demonstrates a financial need after the
2-22 financial resources of the foreign student and the student's family
2-23 are considered. The foreign student described in this subsection
2-24 shall pay tuition equal to that charged Texas residents under
2-25 Section 54.051 and 54.0512 [of this code]. The coordinating board
2-26 shall adopt rules governing the determination of financial need of
2-27 students under this subsection and rules governing a pilot project
2-28 to be established at general academic teaching institutions and at
2-29 components of the Texas State Technical College System in counties
2-30 that are not immediately adjacent to the nation in which the
2-31 foreign student resides.
2-32 SECTION 6. Sections 1 through 5 of this Act apply only to
2-33 tuition for a term or semester that begins on or after the
2-34 effective date of this Act.
2-35 SECTION 7. This Act takes effect immediately if it receives
2-36 a vote of two-thirds of all the members elected to each house, as
2-37 provided by Section 39, Article III, Texas Constitution. If this
2-38 Act does not receive the vote necessary for immediate effect, this
2-39 Act takes effect September 1, 2001.
2-40 * * * * *