By:  Bailey                                                       H.B. No. 3192


A BILL TO BE ENTITLED
AN ACT
relating to eligibility for an early college start program offered by a public junior college district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 130.008, Education Code, is amended to read as follows: Sec. 130.008. COURSES FOR [JOINT] HIGH SCHOOL AND JUNIOR COLLEGE CREDIT. (a) Under an agreement with a school district or, in the case of a private high school, with the organization or other person that operates the high school, a public junior college may offer a course in which a student [attending] enrolled in a high school or high school diploma program operated in this state by the school district, organization, or other person, may enroll and for which the student may [simultaneously] receive [both]: (1) course credit toward the student's high school academic requirements; [and] or (2) course credit as a student of the junior college, if the student has been admitted to the junior college or becomes eligible to enroll in and is subsequently admitted to the junior college. (b) The junior college may waive all or part of the tuition and fees for a high school student enrolled in a course for which the student may receive [joint] college credit, high school credit, or joint credit under this section. (c) The contact hours attributable to the enrollment of a high school student in a course offered for [joint] high school [and] or junior college credit under this section shall be included in the contact hours used to determine the junior college's proportionate share of the state money appropriated and distributed to public junior colleges under Sections 130.003 and 130.0031, even if the junior college waives all or part of the tuition or fees for the student under Subsection (b). (d) Repealed by Acts 2003, 78th Leg., ch. 220, Sec. 1. (e) In admitting or enrolling high school students in a course offered for [joint] high school [and] or junior college credit under Subsection (a), a public junior college must apply the same criteria and conditions to each student wishing to enroll in the course without regard to whether the student attends a public school or a private or parochial school, including a home school. For purposes of this section, a student who attends a home school or other school that is not formally organized as a high school and is at least 16 years of age is considered to be [attending] enrolled in a high school. SECTION 2. Section 54.052, Education Code, is amended to read as follows: (j) Notwithstanding any other provision of this subchapter, an individual shall be classified as a Texas resident until the individual establishes a residence outside this state if the individual resided with the individual's parent, guardian, or conservator while attending a public or private high school in this state and: (1) graduated from a public or private high school or received the equivalent of a high school diploma in this state; (2) resided in this state for at least three years as of the date the person graduated from high school or received the equivalent of a high school diploma; (3) registers as a student in an institution of higher education while enrolled in a high school or high school diploma program in this state as provided by Section 130.008, Education Code; [(3)] (4) registers as an entering student in an institution of higher education not earlier than the 2001 fall semester; and [(4)] (5) provides to the institution an affidavit stating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so. SECTION 3. The change in law made by this Act applies only to tuition for a semester that begins on or after December 1, 2005. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.