82R9315 KJM-D
 
  By: Zedler H.B. No. 1927
 
 
 
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 and tuition rates for 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.  Subchapter B, Chapter 54, Education Code, is
  amended by adding Section 54.0516 to read as follows:
         Sec. 54.0516.  TUITION RATES FOR UNLAWFULLY PRESENT
  STUDENTS. The tuition rate per semester credit hour charged by an
  institution of higher education to a student who is not authorized
  by law to be present in the United States or who is required to
  submit documentation under Section 54.053(b) but fails to submit
  the required documentation may not be lower than the highest
  tuition rate per semester credit hour charged by the institution to
  a student who is a citizen of the United States or otherwise
  authorized by law to be present in the United States.
         SECTION 3.  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 4.  Section 54.053, Education Code, is amended to
  read as follows:
         Sec. 54.053.  INFORMATION REQUIRED TO ESTABLISH RESIDENT
  STATUS.  (a)  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].
         (b)  In addition to the information required by Subsection
  (a), an institution of higher education shall require a person for
  whom a residency determination is being made to submit:
               (1)  a certified copy of the person's birth certificate
  issued by an agency of the United States, a state or territory of
  the United States, or the District of Columbia; or
               (2)  documentation issued by the United States agency
  responsible for citizenship and immigration that authorizes the
  applicant to be in the United States.
         SECTION 5.  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 6.  Sections 51.954 and 54.0516, Education Code, as
  added by this Act, apply beginning with state educational benefits
  and tuition and fee rates for the 2011 fall semester.
         SECTION 7.  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 8.  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.