82R6945 KJM-D

By: Cain H.B. No. 1387

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, a person who is not authorized by law 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[; 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 3. 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 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 authorization by law to be present in the United States as a condition for receiving state educational benefits and paying tuition and fees at resident rates 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 2011 fall semester.

SECTION 6. 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 7. 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, 2011.