81R319 CAS-F

By: Howard of Fort Bend H.B. No. 4482

A BILL TO BE ENTITLED

AN ACT

relating to a requirement of lawful presence in the United States for receipt of state educational benefits and 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. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.954 to read as follows:

Sec. 51.954. STATE EDUCATIONAL BENEFITS: LAWFUL PRESENCE IN UNITED STATES REQUIRED. (a) Notwithstanding any other provision of this title, except as authorized under Sections 54.052 and 54.053, a person who is not lawfully authorized to be present in the United States is not considered to be a resident of this state for purposes of:

(1) receiving from this state an educational benefit, including a scholarship or other financial aid, for use in attending a public or private institution of higher education; or

(2) determining the amount of tuition or fees charged to the person by a public institution of higher education.

(b) The Texas Higher Education Coordinating Board shall adopt rules as necessary to administer this section.

SECTION 2. 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.

(a-1) The Texas Higher Education Coordinating Board may adopt rules as the board considers appropriate under which a person who enrolls as a first-time freshman in an institution of higher education after the 2008-2009 academic year is considered to be a resident of this state for purposes of this title if the person:

(1) graduated from a public or private high school in this state;

(2) attended a public or private high school in this state for the two school years, or the equivalent number of semesters if the person did not graduate at the end of a school year, preceding the date of graduation;

(3) maintained a residence continuously in this state for:

(A) the period prescribed by Subdivision (2); and

(B) the year preceding the census date of the academic term in which the person is enrolled in an institution of higher education; and

(4) is a dependent and maintained that residence continuously with a parent of the person for the period prescribed by Subdivision (2).

(a-2) Subject to the other applicable provisions of this subchapter governing the determination of resident status, [; and

[(3)] a person who enrolled as a first-time freshman in an institution of higher education before the 2009-2010 academic year is considered to be a resident of this state for purposes of this title if the person:

(1) [(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

(2) [(B)] maintained a residence continuously in this state for:

(A) [(i)] the three years preceding the date of graduation or receipt of the diploma equivalent, as applicable; and

(B) [(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-1) or (a-2) [(a)(3)].

SECTION 3. Section 54.053, Education Code, is amended to read as follows:

Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT STATUS; EFFECT OF STATUS ON ELIGIBILITY FOR STATE FINANCIAL AID. (a) A person must [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;

(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-1) or (a-2) [(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 a dependent, a statement of the dates and length of time the person has resided in this state with a parent of the person, as relevant to establish resident status under this subchapter; and

(C) except as permitted by Subsection (b), appropriate documentation that the person:

(i) is a citizen of the United States or is otherwise lawfully authorized to be present in the United States; or

(ii) has filed an application or petition with the United States Citizenship and Immigration Services to legalize the person's immigration status.

(b) A person may substitute for the documentation required by Subsection (a)(3)(C) [not a citizen or permanent resident of the United States,] an affidavit stating that the person will apply or petition to legalize the person's immigration status when [become a permanent resident of the United States as soon as] the person becomes eligible to so apply or petition and that the person understands that for the purposes of this subsection the person must apply or petition on or before:

(1) the first anniversary of the date of the person's enrollment at the institution if a formal process exists for the person to apply or petition to legalize immigration status without risk of deportation; or

(2) the first anniversary of the date the United States Citizenship and Immigration Services provides such a process if Subdivision (1) does not apply to the person when the person applies for resident status.

(c) To retain resident status established in accordance with rules adopted under Section 54.052(a-1), a person who files an affidavit as permitted by Subsection (b) must submit to the institution of higher education, not later than the 30th day after the federal application or petition is filed, appropriate documentation that the person has timely filed an application or petition with the United States Citizenship and Immigration Services to legalize the person's immigration status.

(d) An institution of higher education shall maintain in a person's student records a copy of each document submitted by the person under this section.

(e) A person is not prohibited by Section 51.954 from receiving state financial aid, including a scholarship, if the person:

(1) is considered to be a resident of this state under Section 54.052; and

(2) submits the appropriate documentation required by Subsection (a)(3)(C)(i) or (ii).

SECTION 4. The Texas Higher Education Coordinating Board shall adopt any rules necessary under Section 51.954, Education Code, as added by this Act, relating to requiring lawful presence in the United States as a condition for receiving state educational benefits and paying tuition and fees at resident rates, and any rules necessary to carry out the purposes of Sections 54.052 and 54.053, Education Code, as amended by this Act, relating to the establishment of resident status, as soon as practicable after this Act takes effect. For that purpose, the coordinating board may adopt the initial rules in the manner provided by law for emergency rules.

SECTION 5. Section 51.954, Education Code, as added by this Act, applies beginning with state educational benefits and tuition and fee rates for the 2009 fall semester.

SECTION 6. 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, 2009.