LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION
 
April 18, 2007

TO:
Honorable David Swinford, Chair, House Committee on State Affairs
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB3829 by Morrison (Relating to information required to establish resident status in connection with tuition and fees charged by public institutions of higher education.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the residency provisions under Section 54.053 of the Education Code to require a person to submit proof to the higher education institution that the person has submitted to the appropriate federal immigration authority a Declaration of Intention to become a citizen of the United States. Previously, the person was required to submit an affidavit stating the person will apply to become a permanent resident of the United States as soon as the person becomes eligible to apply.

The Higher Education Coordinating Board (HECB) estimates the number of Full Time Students
Equivalents (FTSE) that would have been affected by the bill at 3,358 in fiscal year 2007 and assumes
a growth rate of one percent per year during fiscal years 2008-12. It is further estimated by HECB that 99 percent of such students at universities and health-related institutions would choose not to enroll at universities under the provisions of the bill, while 60 percent of students at Texas State Technical Colleges and 40 percent of community college students would choose not to enroll.

Using this information, the potential number of students who would not enroll in a higher education institution equals 1,950 in fiscal year 2010. Although some tuition losses would be offset by increased tuition paid by those students who continued their education (mostly at two year institutions), net losses in tuition for higher education institutions is estimated to be $2.9 million in fiscal year 2008, $2.9 million in fiscal year 2009, $2.9 million in 2010, $3.0 million in 2011 and $3.0 million in 2012.

Because General Revenue funding levels will already be set for the 2008-09 biennium when the bill becomes effective, the General Revenue formula funding levels would not be impacted. If the level of state support for General Revenue formula funding per student remained constant, the potential
estimated General Revenue savings to formula funding is about $5.5 million per year beginning in fiscal year 2010. However, the extent of savings from General Revenue formula funding would depend on each affected students' decision to pay the increased tuition costs, the demand for higher education from other students not currently enrolled, and the level of state support for formula funding.


Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 781 Higher Education Coordinating Board, 783 University of Houston System Administration
LBB Staff:
JOB, KJG, RT, GO, JMI