By:  Van de Putte                                     S.B. No. 1526
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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 to 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     an individual shall be classified as a Texas resident until the
1-17     individual establishes a residence outside this state if the
1-18     individual resided with the individual's parent, guardian, or
1-19     conservator while attending a public or private high school in this
1-20     state and:
1-21                 (1)  graduated from a public or private high school or
1-22     received the equivalent of a high school diploma in this state; and
1-23                 (2)  resided in this state for at least one year
 2-1     between the first day the person attended a public or private high
 2-2     school in this state and the date the person graduated from a
 2-3     public or private high school in this state or received the
 2-4     equivalent of a high school diploma.
 2-5           SECTION 3.  Section 54.057(a), Education Code, is amended to
 2-6     read as follows:
 2-7           (a)  An alien who is living in this country under an
 2-8     unexpired [a] visa permitting the person to reside in this country
 2-9     or who has applied to or has a petition pending with the
2-10     Immigration and Naturalization Service to attain lawful status
2-11     under federal immigration law [permanent residence or who has filed
2-12     with the proper federal immigration authorities a declaration of
2-13     intention to become a citizen] has the same privilege of qualifying
2-14     for resident status for tuition and fee purposes under this
2-15     subchapter [Act] as has a citizen of the United States.  A resident
2-16     alien residing in a junior college district located immediately
2-17     adjacent to Texas boundary lines shall be charged the resident
2-18     tuition by that junior 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
 3-1     junior college [as defined in Section 61.003(3) of this code], or
 3-2     component of the Texas State Technical College System in a county
 3-3     located wholly or partly within 100 miles of [immediately adjacent
 3-4     to] the nation in which the foreign student resides or in a county
 3-5     having a population of 100,000 or more [or who registers for lower
 3-6     division courses at a community or junior college having a
 3-7     partnership agreement pursuant to Subchapter N, Chapter 51, of this
 3-8     code, with an upper-level university and both institutions are
 3-9     located in the county immediately adjacent to the nation in which
3-10     the foreign student resides, or who registers in Texas A&M
3-11     University Kingsville or Texas A&M University Corpus Christi, and,
3-12     except as provided by this subsection, who demonstrates a financial
3-13     need after the financial resources of the foreign student and the
3-14     student's family are considered.  The foreign student described in
3-15     this subsection shall pay tuition equal to that charged Texas
3-16     residents under Sections 54.051 and 54.0512 of this code].  The
3-17     coordinating board shall adopt rules governing [the determination
3-18     of financial need of students under this subsection and rules
3-19     governing] a pilot project to be established at general academic
3-20     teaching institutions and at components of the Texas State
3-21     Technical College System in counties that are not otherwise covered
3-22     by this subsection [immediately adjacent to the nation in which the
3-23     foreign student resides].
3-24           (d)  The coordinating board shall adopt rules to determine
3-25     the number of students who may participate in the program
3-26     [programs] provided by Subsection [Subsections (b) and] (c) of this
 4-1     section [and the students who may transfer from any general
 4-2     academic teaching institution or component of the Texas State
 4-3     Technical College System in a county immediately adjacent to the
 4-4     nation in which the foreign student resides to attend another
 4-5     general academic teaching institution or component of the Texas
 4-6     State Technical College System to complete a degree, certificate,
 4-7     or diploma or attend graduate school].
 4-8           (g)  In this section, "general academic teaching
 4-9     institution," "public junior college," and "public technical
4-10     institute" have [has] the meanings [meaning] assigned by Section
4-11     61.003 of this code.
4-12           SECTION 5.  Sections 1 through 4 of this Act apply only to
4-13     tuition for a term or semester that begins on or after the
4-14     effective date of this Act.
4-15           SECTION 6.  This Act takes effect immediately if it receives
4-16     a vote of two-thirds of all the members elected to each house, as
4-17     provided by Section 39, Article III, Texas Constitution.  If this
4-18     Act does not receive the vote necessary for immediate effect, this
4-19     Act takes effect September 1, 2001.