| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the determination of resident status of students by |
|
|
public institutions of higher education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 54.052, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) |
|
|
Subject to the other applicable provisions of this subchapter |
|
|
governing the determination of resident status, the following |
|
|
persons are considered residents of this state for purposes of this |
|
|
title: |
|
|
(1) a person who: |
|
|
(A) established a domicile in this state not |
|
|
later than one year before the census date of the academic term in |
|
|
which the person is enrolled in an institution of higher education; |
|
|
and |
|
|
(B) maintained that domicile continuously for |
|
|
the year preceding that census date; and |
|
|
(2) a dependent whose parent: |
|
|
(A) established a domicile in this state not |
|
|
later than one year before the census date of the academic term in |
|
|
which the dependent is enrolled in an institution of higher |
|
|
education; and |
|
|
(B) maintained that domicile continuously for |
|
|
the year preceding that census date[; and
|
|
|
[(3) a person who:
|
|
|
[(A)
graduated from a public or private high
|
|
|
school in this state or received the equivalent of a high school
|
|
|
diploma in this state; and
|
|
|
[(B)
maintained a residence continuously in this
|
|
|
state for:
|
|
|
[(i)
the three years preceding the date of
|
|
|
graduation or receipt of the diploma equivalent, as applicable; and
|
|
|
[(ii)
the year preceding the census date of
|
|
|
the academic term in which the person is enrolled in an institution
|
|
|
of higher education]. |
|
|
(b) For purposes of this section, the domicile of a |
|
|
dependent's parent is presumed to be the domicile of the dependent |
|
|
[unless the person establishes eligibility for resident status
|
|
|
under Subsection (a)(3)]. |
|
|
SECTION 2. Section 54.053, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT |
|
|
STATUS. A person shall submit the following information to an |
|
|
institution of higher education to establish resident status under |
|
|
this subchapter: |
|
|
(1) if the person applies for resident status under |
|
|
Section 54.052(a)(1): |
|
|
(A) a statement of the dates and length of time |
|
|
the person has resided in this state, as relevant to establish |
|
|
resident status under this subchapter; and |
|
|
(B) a statement by the person that the person's |
|
|
presence in this state for that period was for a purpose of |
|
|
establishing and maintaining a domicile; or |
|
|
(2) if the person applies for resident status under |
|
|
Section 54.052(a)(2): |
|
|
(A) a statement of the dates and length of time |
|
|
any parent of the person has resided in this state, as relevant to |
|
|
establish resident status under this subchapter; and |
|
|
(B) a statement by the parent or, if the parent is |
|
|
unable or unwilling to provide the statement, a statement by the |
|
|
person that the parent's presence in this state for that period was |
|
|
for a purpose of establishing and maintaining a domicile[; or
|
|
|
[(3)
if the person applies for resident status under
|
|
|
Section 54.052(a)(3):
|
|
|
[(A)
a statement of the dates and length of time
|
|
|
the person has resided in this state, as relevant to establish
|
|
|
resident status under this subchapter; and
|
|
|
[(B)
if the person is not a citizen or permanent
|
|
|
resident of the United States, an affidavit stating that the person
|
|
|
will apply to become a permanent resident of the United States as
|
|
|
soon as the person becomes eligible to apply]. |
|
|
SECTION 3. Notwithstanding Subchapter B, Chapter 54, |
|
|
Education Code, a public institution of higher education in this |
|
|
state may, for any semester or academic term, before the beginning |
|
|
of that semester or academic term, reclassify as a nonresident a |
|
|
student classified as a resident of this state by the institution or |
|
|
another public institution of higher education in this state under |
|
|
Section 54.052(a)(3), Education Code, as that section existed |
|
|
before amendment by this Act, if the student is not otherwise |
|
|
eligible to be classified as a resident of this state under |
|
|
Subchapter B, Chapter 54, Education Code. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |