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.
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